[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[House]
[Pages 25970-26001]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                 H.R. 2

                        Offered By: Mr. Goodling

       Amendment No. 5: In section 1112(b) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 106 of the bill--
       (1) in paragraph (10), by striking the ``and'' after the 
     semicolon;
       (2) in paragraph (11), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(12) a description of the criteria established by the 
     local educational agency pursuant to section 1119(b)(1).
       In section 1124(c)(1) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) in subparagraph (A), strike ``and'' after the 
     semicolon;
       (2) in subparagraph (B), strike the period and insert ``; 
     and''; and
       (3) add at the end the following:
       ``(C) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency from families above the 
     poverty level as determined under paragraph (4).''.
       In section 1124(c)(4) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) insert before the first sentence the following: ``For 
     the purposes of this section, the Secretary shall determine 
     the number of children aged 5 to 17, inclusive, from families 
     above the poverty level on the basis of the number of such 
     children from families receiving an annual income, in excess 
     of the current criteria of poverty, from payments under a 
     State program funded under part A of title IV of the Social 
     Security Act; and in making such determinations the Secretary 
     shall utilize the criteria of poverty used by the Bureau of 
     the Census in compiling the most recent decennial census for 
     a family of 4 in such form as those criteria have been 
     updated by increases in the Consumer Price Index for all 
     urban consumers, published by the Bureau of Labor 
     Statistics.'';
       (2) in the first sentence after the sentence inserted by 
     paragraph (1)--
       (A) insert ``the number of such children and'' after 
     ``determine''; and
       (B) insert ``(using, in the case of children described in 
     the preceding sentence, the criteria of poverty and the form 
     of such criteria required by such sentence which were 
     determined for the calendar year preceding such month of 
     October)'' after ``fiscal year''.
       Amend subparagraph (C) of section 1701(b)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 171 of the bill, to read as follows:
       ``(C) Reallocation.--If a State does not apply for funds 
     under this section, the Secretary shall reallocate such funds 
     to other States that do apply in proportion to the amount 
     allocated to such States under subparagraph (B).''.
       In section 5204(a) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), insert ``the design and development 
     of new strategies for overcoming transportation barriers,'' 
     after ``effective public school choice''; and
       (2) in paragraph (2)(A), after ``inter-district'' insert 
     ``or intra-district''; and
       (3) amend subparagraph (E) to read as follows:
       ``(E) public school choice programs that augment the 
     existing transportation services necessary to meet the needs 
     of children participating in such programs.''.
       In section 5204(b) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), after the semicolon insert ``and'';
       (2) strike paragraph (2); and
       (3) redesignate paragraph (3) as paragraph (2).
       In section 9116(c) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     401 of the bill--
       (1) insert ``funds for'' after ``(b) shall include''; and
       (2) strike ``, or portion thereof,'' and insert 
     ``exclusively serving Indian children or the funds reserved 
     under any program to exclusively serve Indian children''.
       In section 15004(a)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     301 of the bill, strike ``state, or federal laws, rules or 
     regulations'' and insert ``State, and Federal laws, rules and 
     regulations''.
       In section 1121(c)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``1 year'' and insert ``2 years''.
       In the heading for section 1123 of the Education Amendments 
     of 1978, as proposed to be amended by section 410 of the 
     bill, insert ``CODIFICATION OF'' before ``REGULATIONS''.
       In section 1126(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, strike 
     ``maintenance to schools'' and insert ``maintenance of 
     schools''.
       In the heading for section 1138(b)(2) of the Education 
     Amendments of 1978, as proposed to be amended by section 410 
     of the bill, strike ``General'' and all that follows through 
     the semicolon.
       In section 1138(b)(2) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``Regulations required'' and all that follows through ``Such 
     regulations shall'' and insert ``Regulations issued to 
     implement this Act shall''.
       In section 1138A(b)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``, provided that the'' and all that follow through the end 
     of the paragraph and insert a period.
       In section 1138A(b) of the Education Amendments of 1978, as 
     proposed to be

[[Page 25971]]

     amended by section 410 of the bill, redesignate paragraph (2) 
     as paragraph (3), and insert the following new paragraph (2) 
     after paragraph (1):
       ``(2) Notification to congress.--If draft regulations 
     implementing this part and the Tribally Controlled Schools 
     Act of 1988 are not issued in final form by the deadline 
     provided in paragraph (1), the Secretary shall notify the 
     appropriate committees of Congress of which draft regulations 
     were not issued in final form by the deadline and the reason 
     such final regulations were not issued.
       In section 5209(a) of Public Law 100-297, as proposed to be 
     amended by section 420 of the bill--
       (1) strike ``106(f)'' and insert ``106(e)'';
       (2) strike ``106(j)'' and insert ``106(i)''; and
       (3) strike ``106(k)'' and insert ``106(j)''.
       In section 722(g)(3)(C) of the Stewart B. McKinney Homeless 
     Education Assistance Act (42 U.S.C. 11432(g)(3)(C)), as 
     proposed to be amended by section 704 of the bill--
       (1) in clause (i), strike ``Except as provided in clause 
     (iii), a'' and insert ``A''; and
       (2) amend clause (iii) to read as follows:
       ``(iii) ``If the child or youth needs to obtain 
     immunizations or immunization records, the enrolling school 
     shall immediately refer the parent or guardian of the child 
     or youth to the liaison who shall assist in obtaining 
     necessary immunizations or immunization records in accordance 
     with subparagraph (E).''
       In section 722(g)(3)(E)(i) of the Stewart B. McKinney 
     Homeless Education Assistance Act (42 U.S.C. 
     11432(g)(3)(E)(i)), as proposed to be amended by section 704 
     of the bill, strike ``except as provided in subparagraph 
     (C)(iii),''.
       In section 1112(g) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     106(f) of the bill strike paragraph (2)(A) and insert the 
     following:
       ``(2) Consent.--
       ``(A) Agency requirements.--
       ``(i) Informed consent.--For a child who has been 
     identified as limited English proficient prior to the 
     beginning of the school year, each local educational agency 
     that receives funds under this part shall obtain informed 
     parental consent prior to the placement of a child in an 
     English language instruction program for limited English 
     proficient children funded under this part, if--
       ``(I) the program does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction; or
       ``(II) instruction is tailored for limited English 
     proficient children.
       ``(ii) Written consent not obtained.--If written consent is 
     not obtained, the local educational agency shall maintain a 
     written record that includes the date and the manner in which 
     such informed consent was obtained.
       ``(iii) Response not obtained.--
       ``(I) In general.--If a response cannot be obtained after a 
     reasonable and substantial effort has been made to obtain 
     such consent, the local educational agency shall document, in 
     that it has given such notice and its specific efforts made 
     to obtain such consent.
       ``(II) Delivery of proof of documentation.--The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child prior to placing the child 
     in a program described under subparagraph (A), and shall 
     include a final notice requesting parental consent for such 
     services. After such documentation has been mailed or 
     delivered in writing, the LEA shall provide appropriate 
     educational services.
       ``(iii) Special Rule Applicable During School Year.--A 
     local educational agency may obtain parental consent under 
     this clause only for children who have not been identified as 
     limited English proficient prior to the beginning of the 
     school year. For such children the agency shall document, in 
     writing, its specific efforts made to obtain such consent 
     prior to placing the child in a program described in 
     subparagraph (A). After such documentation has been made, the 
     local educational agency shall provide appropriate 
     educational services to such child. The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child in a timely manner and shall 
     include information on how to have their child immediately 
     removed from the program upon their request. This clause 
     shall not be construed as exempting a local educational 
     agency from complying with the requirements of this 
     subparagraph.
       At the end of the bill, add the following:

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

     SEC. 901. PROGRAMS AUTHORIZED.

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

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

                  ``PART A--ENGLISH LANGUAGE EDUCATION

     ``SEC. 7101. SHORT TITLE.

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

     ``SEC. 7102. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) English is the common language of the United States 
     and every citizen and other person residing in the United 
     States should have a command of the English language in order 
     to develop to their full potential;
       ``(2) limited English proficient children must overcome a 
     number of challenges in receiving an education in order to 
     enable such children to participate fully in American 
     society, including--
       ``(A) segregated education programs;
       ``(B) disproportionate and improper placement in special 
     education and other special programs due to the use of 
     inappropriate evaluation procedures;
       ``(C) the limited English proficiency of their own parents, 
     which hinders the parents' ability to fully participate in 
     the education of their children; and
       ``(D) a need for additional teachers and other staff who 
     are professionally trained and qualified to serve such 
     children;
       ``(3) States and local educational agencies need assistance 
     in developing the capacity to provide programs of instruction 
     that offer and provide an equal educational opportunity to 
     children who need special assistance because English is not 
     their dominant language;
       ``(4) Native Americans and Native American languages (as 
     such terms are defined in section 103 of the Native American 
     Languages Act), including native residents of the outlying 
     areas, have a unique status under Federal law that requires 
     special policies within the broad purposes of this Act to 
     serve the education needs of language minority students in 
     the United States;
       ``(5) the Federal Government, as exemplified by title VI of 
     the Civil Rights Act of 1964 and section 204(f) of the Equal 
     Education Opportunities Act of 1974, has a special and 
     continuing obligation to ensure that States and local 
     educational agencies take appropriate action to provide equal 
     educational opportunities to children of limited English 
     proficiency; and
       ``(6) research, evaluation, and data collection 
     capabilities in the field of instruction for limited English 
     proficient children need to be strengthened so that educators 
     and other staff teaching limited English proficient children 
     in the classroom can better identify and promote programs, 
     program implementation strategies, and instructional 
     practices that result in the effective education of limited 
     English proficient children.
       ``(b) Purposes.--The purposes of this part are--
       ``(1) to help ensure that children who are limited English 
     proficient attain English proficiency, develop high levels of 
     academic attainment in English, and meet the same challenging 
     State content standards and challenging State student 
     performance standards expected of all children; and
       ``(2) to develop high quality programs designed to assist 
     local educational agencies in teaching limited English 
     proficient children.

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

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

[[Page 25972]]

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

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

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

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

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

     ``SEC. 7106. AUTHORIZATIONS OF APPROPRIATIONS.

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

                ``Subpart 1--Discretionary Grant Program

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

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

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

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

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

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this subpart for individuals served by 
     elementary, secondary, and postsecondary schools operated 
     predominately for Native American or Alaska Native children, 
     an Indian tribe, a tribally sanctioned educational authority, 
     a Native Hawaiian or Native American Pacific Islander native 
     language education organization, or an elementary or 
     secondary school that is operated or funded by the Bureau of

[[Page 25973]]

     Indian Affairs shall be considered to be a local educational 
     agency as such term is used in this subpart, subject to the 
     following qualifications:
       ``(1) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), that is recognized for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       ``(2) Tribally sanctioned educational authority.--The term 
     `tribally sanctioned educational authority' means--
       ``(A) any department or division of education operating 
     within the administrative structure of the duly constituted 
     governing body of an Indian tribe; and
       ``(B) any nonprofit institution or organization that is--
       ``(i) chartered by the governing body of an Indian tribe to 
     operate any such school or otherwise to oversee the delivery 
     of educational services to members of that tribe; and
       ``(ii) approved by the Secretary for the purpose of this 
     section.
       ``(b) Eligible Entity Application.--Notwithstanding any 
     other provision of this subpart, each eligible entity 
     described in subsection (a) shall submit any application for 
     assistance under this subpart directly to the Secretary along 
     with timely comments on the need for the proposed program.

     ``SEC. 7114. APPLICATIONS.

       ``(a) In General.--
       ``(1) Secretary.--To receive a grant under this subpart, an 
     eligible entity shall submit an application to the Secretary 
     at such time, in such form, and containing such information 
     as the Secretary may require.
       ``(2) State educational agency.--An eligible entity, with 
     the exception of schools funded by the Bureau of Indian 
     Affairs, shall submit a copy of its application under this 
     section to the State educational agency.
       ``(b) Required Documentation.--Such application shall 
     include documentation that the applicant has the qualified 
     personnel required to develop, administer, and implement the 
     proposed program.
       ``(c) Contents.--
       ``(1) In general.--An application for a grant under this 
     subpart shall contain the following:
       ``(A) A description of the need for the proposed program, 
     and a comprehensive description of the characteristics 
     relevant to the children being served.
       ``(B) An assurance that, if the applicant includes one or 
     more local educational agencies, each such agency is 
     complying with section 7103(b) prior to, and throughout, each 
     school year.
       ``(C) A description of the program to be implemented and 
     how such program's design--
       ``(i) relates to the English language and academic needs of 
     the children of limited English proficiency to be served;
       ``(ii) is coordinated with other programs under this Act 
     and other Acts, as appropriate, in accordance with section 
     14306;
       ``(iii) involves the parents of the children of limited 
     English proficiency to be served;
       ``(iv) ensures accountability in achieving high academic 
     standards; and
       ``(v) promotes coordination of services for the children of 
     limited English proficiency to be served and their families.
       ``(D) A description, if appropriate, of the applicant's 
     collaborative activities with institutions of higher 
     education, community-based organizations, local or State 
     educational agencies, private schools, nonprofit 
     organizations, or businesses in carrying out the proposed 
     program.
       ``(E) An assurance that the applicant will not reduce the 
     level of State and local funds that the applicant expends for 
     programs for limited English proficient children if the 
     applicant receives an award under this subpart.
       ``(F) An assurance that the applicant will employ teachers 
     in the proposed program who are proficient in English, 
     including written and oral communication skills, and another 
     language, if appropriate.
       ``(G) A budget for grant funds.
       ``(H) A description, if appropriate of how the applicant 
     annually will assess the English proficiency of all children 
     with limited English proficiency participating in programs 
     funded under this subpart.
       ``(2) Additional information.--Each applicant for a grant 
     under section 7112 who intends to use the grant for a purpose 
     described in paragraph (3) or (4) of subsection (b) of such 
     section--
       ``(A) shall describe--
       ``(i) how services provided under this subpart are 
     supplementary to existing services;
       ``(ii) how funds received under this subpart will be 
     integrated, as appropriate, with all other Federal, State, 
     local, and private resources that may be used to serve 
     children of limited English proficiency;
       ``(iii) specific achievement and school retention goals for 
     the children to be served by the proposed program and how 
     progress toward achieving such goals will be measured; and
       ``(iv) current family literacy programs if applicable; and
       ``(B) shall provide assurances that the program funded will 
     be integrated with the overall educational program.
       ``(d) Approval of Applications.--An application for a grant 
     under this subpart may be approved only if the Secretary 
     determines that--
       ``(1) the program will use qualified personnel, including 
     personnel who are proficient in English and other languages 
     used in instruction, if appropriate.
       ``(2) in designing the program for which application is 
     made, the needs of children in nonprofit private elementary 
     and secondary schools have been taken into account through 
     consultation with appropriate private school officials and, 
     consistent with the number of such children enrolled in such 
     schools in the area to be served whose educational needs are 
     of the type and whose language and grade levels are of a 
     similar type to those which the program is intended to 
     address, after consultation with appropriate private school 
     officials, provision has been made for the participation of 
     such children on a basis comparable to that provided for 
     public school children;
       ``(3) student evaluation and assessment procedures in the 
     program are valid, reliable, and fair for limited English 
     proficient students, and that limited English proficient 
     students who are disabled are identified and served in 
     accordance with the requirements of the Individuals with 
     Disabilities Education Act;
       ``(4) Federal funds made available for the project or 
     activity will be used so as to supplement the level of State 
     and local funds that, in the absence of such Federal funds, 
     would have been expended for special programs for limited 
     English proficient children and in no case to supplant such 
     State and local funds, except that nothing in this paragraph 
     shall be construed to preclude a local educational agency 
     from using funds under this title for activities carried out 
     under an order of a court of the United States or of any 
     State respecting services to be provided such children, or to 
     carry out a plan approved by the Secretary as adequate under 
     title VI of the Civil Rights Act of 1964 with respect to 
     services to be provided such children; and
       ``(5) the assistance provided under the application will 
     contribute toward building the capacity of the applicant to 
     provide a program on a regular basis, similar to that 
     proposed for assistance, which will be of sufficient size, 
     scope, and quality to promise significant improvement in the 
     education of students of limited English proficiency, and 
     that the applicant will have the resources and commitment to 
     continue the program when assistance under this subpart is 
     reduced or no longer available.
       ``(e) Consideration.--In approving applications under this 
     subpart, the Secretary shall give consideration to the degree 
     to which the program for which assistance is sought involves 
     the collaborative efforts of institutions of higher 
     education, community-based organizations, the appropriate 
     local and State educational agency, or businesses.

     ``SEC. 7115. INTENSIFIED INSTRUCTION.

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

     ``SEC. 7116. CAPACITY BUILDING.

       ``Each recipient of a grant under this subpart shall use 
     the grant in ways that will build such recipient's capacity 
     to continue to offer high-quality English language 
     instruction and programs which assist limited English 
     proficient children in achieving the same high levels of 
     academic achievement as other children, once Federal 
     assistance is reduced or eliminated.

     ``SEC. 7117. SUBGRANTS.

       ``A local educational agency that receives a grant under 
     this subpart may, with the approval of the Secretary, make a 
     subgrant to, or enter into a contract with, an institution of 
     higher education, a nonprofit organization, or a consortium 
     of such entities to carry out an approved program, including 
     a program to serve out-of-school youth.

     ``SEC. 7118. SPECIAL CONSIDERATION.

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

     ``SEC. 7119. COORDINATION WITH OTHER PROGRAMS.

       ``In order to secure the most flexible and efficient use of 
     Federal funds, any State receiving funds under this subpart 
     shall coordinate its program with other programs under

[[Page 25974]]

     this Act and other Acts, as appropriate, in accordance with 
     section 14306.

     ``SEC. 7120. NOTIFICATION.

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

     ``SEC. 7121. STATE GRANT PROGRAM.

       ``(a) State Grant Program.--The Secretary is authorized to 
     make an award to a State educational agency that 
     demonstrates, to the satisfaction of the Secretary, that such 
     agency, through such agency's own programs and other Federal 
     education programs, effectively provides for the education of 
     children of limited English proficiency within the State.
       ``(b) Payments.--The amount paid to a State educational 
     agency under subsection (a) shall not exceed 5 percent of the 
     total amount awarded to local educational agencies within the 
     State under subpart 1 for the previous fiscal year, except 
     that in no case shall the amount paid by the Secretary to any 
     State educational agency under this subsection for any fiscal 
     year be less than $100,000.
       ``(c) Use of Funds.--
       ``(1) In general.--A State educational agency shall use 
     funds awarded under this section for programs authorized by 
     this section--
       ``(A) to assist local educational agencies in the State 
     with program design, capacity building, assessment of student 
     performance, and program evaluation; and
       ``(B) to collect data on the State's limited English 
     proficient populations and the educational programs and 
     services available to such populations.
       ``(2) Exception.--States that do not, as of the date of 
     enactment of the Student Results Act of 1999, have in place a 
     system for collecting the data described in paragraph (1)(B) 
     for all students in such State, are not required to meet the 
     requirement of such paragraph. In the event such State 
     develops a system for collecting data on the educational 
     programs and services available to all students in the State, 
     then such State shall comply with the requirement of 
     paragraph (1)(B).
       ``(3) Training.--The State educational agency may also use 
     funds provided under this section for the training of State 
     educational agency personnel in educational issues affecting 
     limited English proficient children.
       ``(4) Special rule.--Recipients of funds under this section 
     shall not restrict the provision of services under this 
     section to federally funded programs.
       ``(d) Applications.--A State educational agency desiring to 
     receive funds under this section shall submit an application 
     to the Secretary in such form, at such time, and containing 
     such information and assurances as the Secretary may require.
       ``(e) Supplement Not Supplant.--Funds made available under 
     this section for any fiscal year shall be used by the State 
     educational agency to supplement and, to the extent 
     practical, to increase to the level of funds that would, in 
     the absence of such funds, be made available by the State for 
     the purposes described in this section, and in no case to 
     supplant such funds.
       ``(f) Report to the Secretary.--State educational agencies 
     receiving awards under this section shall provide for the 
     annual submission of a summary report to the Secretary 
     describing such State's use of such funds.

                   ``Subpart 2--Formula Grant Program

     ``SEC. 7131. FORMULA GRANTS TO STATES.

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

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

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

     ``SEC. 7133. APPLICATIONS BY STATES.

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

[[Page 25975]]

     standards and challenging State performance standards after 3 
     academic years of enrollment based on the evaluation measures 
     in section 7403(d); and
       ``(C) shall provide technical assistance to eligible 
     entities that fail to satisfy the criterion in subparagraph 
     (B) prior to the withdrawal of funding under such 
     subparagraph;
       ``(8) contains an assurance that the State will require 
     eligible entities receiving a subgrant under section 7134 
     annually to assess the English proficiency of all children 
     with limited English proficiency participating in a program 
     funded under this subpart; and
       ``(9) contains an agreement that States will require 
     eligible entities receiving a grant under this subpart to use 
     the grant in ways that will build such recipient's capacity 
     to continue to offer high-quality English language 
     instruction and programs which assist limited English 
     proficient children in attaining challenging State content 
     standards and challenging State performance standards once 
     assistance under this subpart is no longer available.

     ``SEC. 7134. SUBGRANTS TO ELIGIBLE ENTITIES.

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

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

       ``(a) In General.--Except as provided in subsections (b), 
     (c), and (d), from the sum available for the purpose of 
     making grants to States under this subpart for any fiscal 
     year, the Secretary shall allot to each State an amount which 
     bears the same ratio to such sum as the total number of 
     children who are limited English proficient and who reside in 
     the State bears to the total number of such children residing 
     in all States (excluding the Commonwealth of Puerto Rico and 
     the outlying areas) that, in accordance with section 7133, 
     submit to the Secretary an application for the year.
       ``(b) Puerto Rico.--From the sum available for the purpose 
     of making grants to States under this subpart for any fiscal 
     year, the Secretary shall allot to the Commonwealth of Puerto 
     Rico an amount equal to 1.5 percent of the sums appropriated 
     under section 7106(a).
       ``(c) Outlying Areas.--
       ``(1) Total available for allotment.--From the sum 
     available for the purpose of making grants to States under 
     this subpart for any fiscal year, the Secretary shall allot 
     to the outlying areas, in accordance with paragraph (2), a 
     total amount equal to .5 percent of the sums appropriated 
     under section 7120.
       ``(2) Determination of individual area amounts.--From the 
     total amount determined under paragraph (1), the Secretary 
     shall allot to each outlying area an amount which bears the 
     same ratio to such amount as the total number of children who 
     are limited English proficient and who reside in the outlying 
     area bears to the total number of such children residing in 
     all outlying areas, that, in accordance with section 7133, 
     submit to the Secretary an application for the year.
       ``(d) Minimum Allotment.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (c), and subject to section 7105, the Secretary shall not 
     allot to any State, for fiscal years 2000 through 2004, an 
     amount that is less than 100 percent of the baseline amount 
     for the State.
       ``(2) Baseline amount defined.--For purposes of this 
     subsection, the term `baseline amount', when used with 
     respect to a State,

[[Page 25976]]

     means the total amount received under this part for fiscal 
     year 2000 by the State, the State educational agency, and all 
     local educational agencies of the State.
       ``(3) Ratable reduction.--If the amount available for 
     allotment under this section for any fiscal year is 
     insufficient to permit the Secretary to comply with paragraph 
     (1), the Secretary shall ratably reduce the allotments to all 
     States for such year.
       ``(e) Use of State Data for Determinations.--For purposes 
     of subsections (a) and (c), any determination of the number 
     of children who are limited English proficient and reside in 
     a State shall be made using the most recent limited English 
     proficient school enrollment data available to, and reported 
     to the Secretary by, the State. The State shall provide 
     assurances to the Secretary that such data are valid and 
     reliable.
       ``(f) No Reduction Permitted Based on Teaching Method.--The 
     Secretary may not reduce a State's allotment based on the 
     State's selection of the immersion method of instruction as 
     its preferred method of teaching the English language to 
     children who are limited English proficient.

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

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

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

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

                 ``Subpart 3--Professional Development

     ``SEC. 7141. PURPOSE.

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

     ``SEC. 7142. PROFESSIONAL DEVELOPMENT AND FELLOWSHIPS.

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

[[Page 25977]]

       ``(4) Information.--The Secretary shall include information 
     on the operation and the number of fellowships awarded under 
     this section in the evaluation required under section 7145.

     ``SEC. 7143. APPLICATION.

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

     ``SEC. 7144. PROGRAM EVALUATIONS.

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

     ``SEC. 7145. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

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

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

     ``SEC. 7151. AUTHORITY.

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

            ``PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM

     ``SEC. 7201. FINDINGS AND PURPOSE.

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

     ``SEC. 7202. STATE ADMINISTRATIVE COSTS.

       ``For any fiscal year, a State educational agency may 
     reserve not more than 1.5 percent of the amount allocated to 
     such agency under section 7204 to pay the costs of performing 
     such agency's administrative functions under this part.

     ``SEC. 7203. WITHHOLDING.

       ``Whenever the Secretary, after providing reasonable notice 
     and opportunity for a hearing to any State educational 
     agency, finds that there is a failure to meet the requirement 
     of any provision of this part, the Secretary shall notify 
     that agency that further payments will not be made to the 
     agency under this part, or in the discretion of the 
     Secretary, that the State educational agency shall not make 
     further payments under this part to specified local 
     educational agencies whose actions cause or are involved in 
     such failure until the Secretary is satisfied that there is 
     no longer any such failure to comply. Until the Secretary is 
     so satisfied, no further payments shall be made to the State 
     educational agency under this part, or payments by the State 
     educational agency under this part shall be limited to local 
     educational agencies whose actions did not cause or were not 
     involved in the failure, as the case may be.

     ``SEC. 7204. STATE ALLOCATIONS.

       ``(a) Payments.--The Secretary shall, in accordance with 
     the provisions of this section, make payments to State 
     educational agencies for each of the fiscal years 2000 
     through 2004 for the purpose set forth in section 7201(b).
       ``(b) Allocations.--
       ``(1) In general.--Except as provided in subsections (c) 
     and (d), of the amount appropriated for each fiscal year for 
     this part, each State participating in the program assisted 
     under this part shall receive an allocation equal to the 
     proportion of such State's number of immigrant children and 
     youth who are enrolled in public elementary or secondary 
     schools under the jurisdiction of each local educational 
     agency described in paragraph (2) within such State, and in 
     nonpublic elementary or secondary schools within the district 
     served by each such local educational agency, relative to the 
     total number of immigrant children and youth so enrolled in 
     all the States participating in the program assisted under 
     this part.
       ``(2) Eligible local educational agencies.--The local 
     educational agencies referred to in paragraph (1) are those 
     local educational agencies in which the sum of the number of 
     immigrant children and youth who are enrolled in public 
     elementary or secondary schools under the jurisdiction of 
     such agencies, and in nonpublic elementary or secondary 
     schools within the districts served by such agencies, during 
     the fiscal year for which the payments are to be made under 
     this part, is equal to--
       ``(A) at least 500; or
       ``(B) at least 3 percent of the total number of students 
     enrolled in such public or nonpublic schools during such 
     fiscal year,
     whichever number is less.
       ``(c) Determinations of Number of Children and Youth.--
       ``(1) In general.--Determinations by the Secretary under 
     this section for any period with respect to the number of 
     immigrant children and youth shall be made on the basis of 
     data or estimates provided to the Secretary by each State 
     educational agency in accordance with criteria established by 
     the Secretary, unless the Secretary determines, after notice 
     and opportunity for a hearing to the affected State 
     educational agency, that such data or estimates are clearly 
     erroneous.
       ``(2) Special rule.--No such determination with respect to 
     the number of immigrant children and youth shall operate 
     because of an underestimate or overestimate to deprive any 
     State educational agency of the allocation under this section 
     that such State would otherwise have received had such 
     determination been made on the basis of accurate data.
       ``(d) Reallocation.--Whenever the Secretary determines that 
     any amount of a payment made to a State under this part for a 
     fiscal year will not be used by such State for carrying out 
     the purpose for which the payment was made, the Secretary 
     shall make such amount available for carrying out such 
     purpose to one or more other States to the extent the 
     Secretary determines that such other States will be able to 
     use such additional amount for carrying out such purpose. Any 
     amount made available to a State from any appropriation for a 
     fiscal year in accordance with the preceding sentence shall, 
     for purposes of this part, be regarded as part of such 
     State's payment (as determined under subsection (b)) for such 
     year, but shall remain available until the end of the 
     succeeding fiscal year.
       ``(e) Reservation of Funds.--
       ``(1) In general.--Notwithstanding any other provision of 
     this part, if the amount appropriated to carry out this part 
     exceeds $50,000,000 for a fiscal year, a State educational 
     agency may reserve not more than 20 percent of such agency's 
     payment under this part for such year to award grants, on a 
     competitive basis, to local educational agencies within the 
     State as follows:
       ``(A) At least one-half of such grants shall be made 
     available to eligible local educational agencies (as 
     described in subsection (b)(2)) within the State with the 
     highest numbers and percentages of immigrant children and 
     youth.

[[Page 25978]]

       ``(B) Funds reserved under this paragraph and not made 
     available under subparagraph (A) may be distributed to local 
     educational agencies within the State experiencing a sudden 
     influx of immigrant children and youth which are otherwise 
     not eligible for assistance under this part.
       ``(2) Use of grant funds.--Each local educational agency 
     receiving a grant under paragraph (1) shall use such grant 
     funds to carry out the activities described in section 7207.
       ``(3) Information.--Local educational agencies with the 
     highest number of immigrant children and youth receiving 
     funds under paragraph (1) may make information available on 
     serving immigrant children and youth to local educational 
     agencies in the State with sparse numbers of such children.

     ``SEC. 7205. STATE APPLICATIONS.

       ``(a) Submission.--No State educational agency shall 
     receive any payment under this part for any fiscal year 
     unless such agency submits an application to the Secretary at 
     such time, in such manner, and containing or accompanied by 
     such information, as the Secretary may reasonably require. 
     Each such application shall--
       ``(1) provide that the educational programs, services, and 
     activities for which payments under this part are made will 
     be administered by or under the supervision of the agency;
       ``(2) provide assurances that payments under this part will 
     be used for purposes set forth in sections 7201(b) and 7207, 
     including a description of how local educational agencies 
     receiving funds under this part will use such funds to meet 
     such purposes and will coordinate with other programs 
     assisted under this Act and other Acts as appropriate;
       ``(3) provide an assurance that local educational agencies 
     receiving funds under this part will coordinate the use of 
     such funds with programs assisted under part A or title I;
       ``(4) provide assurances that such payments, with the 
     exception of payments reserved under section 7204(e), will be 
     distributed among local educational agencies within that 
     State on the basis of the number of immigrant children and 
     youth counted with respect to each such local educational 
     agency under section 7204(b)(1);
       ``(5) provide assurances that the State educational agency 
     will not finally disapprove in whole or in part any 
     application for funds received under this part without first 
     affording the local educational agency submitting an 
     application for such funds reasonable notice and opportunity 
     for a hearing;
       ``(6) provide for making such reports as the Secretary may 
     reasonably require to perform the Secretary's functions under 
     this part;
       ``(7) provide assurances--
       ``(A) that to the extent consistent with the number of 
     immigrant children and youth enrolled in the nonpublic 
     elementary or secondary schools within the district served by 
     a local educational agency, such agency, after consultation 
     with appropriate officials of such schools, shall provide for 
     the benefit of such children and youth secular, neutral, and 
     nonideological services, materials, and equipment necessary 
     for the education of such children and youth;
       ``(B) that the control of funds provided under this part to 
     any materials, equipment, and property repaired, remodeled, 
     or constructed with those funds shall be in a public agency 
     for the uses and purposes provided in this part, and a public 
     agency shall administer such funds and property; and
       ``(C) that the provision of services pursuant to this 
     paragraph shall be provided by employees of a public agency 
     or through contract by such public agency with a person, 
     association, agency, or corporation who or which, in the 
     provision of such services, is independent of such nonpublic 
     elementary or secondary school and of any religious 
     organization, and such employment or contract shall be under 
     the control and supervision of such public agency, and the 
     funds provided under this paragraph shall not be commingled 
     with State or local funds;
       ``(8) provide that funds reserved under section 7204(e) be 
     awarded on a competitive basis based on merit and need in 
     accordance with such subsection; and
       ``(9) provide an assurance that State and local educational 
     agencies receiving funds under this part will comply with the 
     requirements of section 1120(b).
       ``(b) Application Review.--
       ``(1) In general.--The Secretary shall review all 
     applications submitted pursuant to this section by State 
     educational agencies.
       ``(2) Approval.--The Secretary shall approve any 
     application submitted by a State educational agency that 
     meets the requirements of this section.
       ``(3) Disapproval.--The Secretary shall disapprove any 
     application submitted by a State educational agency which 
     does not meet the requirements of this section, but shall not 
     finally disapprove an application except after providing 
     reasonable notice, technical assistance, and an opportunity 
     for a hearing to the State.

     ``SEC. 7206. ADMINISTRATIVE PROVISIONS.

       ``(a) Notification of Amount.--The Secretary, not later 
     than June 1 of each year, shall notify each State educational 
     agency that has an application approved under section 7205 of 
     the amount of such agency's allocation under section 7204 for 
     the succeeding year.
       ``(b) Services to Children Enrolled in Nonpublic Schools.--
     If by reason of any provision of law a local educational 
     agency is prohibited from providing educational services for 
     children enrolled in elementary and secondary nonpublic 
     schools, as required by section 7205(a)(7), or if the 
     Secretary determines that a local educational agency has 
     substantially failed or is unwilling to provide for the 
     participation on an equitable basis of children enrolled in 
     such schools, the Secretary may waive such requirement and 
     shall arrange for the provision of services, subject to the 
     requirements of this part, to such children. Such waivers 
     shall be subject to consultation, withholding, notice, and 
     judicial review requirements in accordance with the 
     provisions of title I.

     ``SEC. 7207. USES OF FUNDS.

       ``(a) Use of Funds.--Funds awarded under this part shall be 
     used to pay for enhanced instructional opportunities for 
     immigrant children and youth, which may include--
       ``(1) family literacy, parent outreach, and training 
     activities designed to assist parents to become active 
     participants in the education of their children;
       ``(2) salaries of personnel, including teacher aides who 
     have been specifically trained, or are being trained, to 
     provide services to immigrant children and youth;
       ``(3) tutorials, mentoring, and academic or career 
     counseling for immigrant children and youth;
       ``(4) identification and acquisition of curricular 
     materials, educational software, and technologies to be used 
     in the program;
       ``(5) basic instructional services which are directly 
     attributable to the presence in the school district of 
     immigrant children, including the costs of providing 
     additional classroom supplies, overhead costs, costs of 
     construction, acquisition or rental of space, costs of 
     transportation, or such other costs as are directly 
     attributable to such additional basic instructional services; 
     and
       ``(6) such other activities, related to the purposes of 
     this part, as the Secretary may authorize.
       ``(b) Consortia.--A local educational agency that receives 
     a grant under this part may collaborate or form a consortium 
     with one or more local educational agencies, institutions of 
     higher education, and nonprofit organizations to carry out 
     the program described in an application approved under this 
     part.
       ``(c) Subgrants.--A local educational agency that receives 
     a grant under this part may, with the approval of the 
     Secretary, make a subgrant to, or enter into a contract with, 
     an institution of higher education, a nonprofit organization, 
     or a consortium of such entities to carry out a program 
     described in an application approved under this part, 
     including a program to serve out-of-school youth.
       ``(d) Construction.--Nothing in this part shall be 
     construed to prohibit a local educational agency from serving 
     immigrant children simultaneously with students with similar 
     educational needs, in the same educational settings where 
     appropriate.

     ``SEC. 7208. REPORTS.

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

     ``SEC. 7209. AUTHORIZATION OF APPROPRIATIONS.

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

                        ``PART C--ADMINISTRATION

     ``SEC. 7301. REPORTING REQUIREMENTS.

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

     ``SEC. 7302. COORDINATION WITH RELATED PROGRAMS.

       ``In order to maximize Federal efforts aimed at serving the 
     educational needs of children and youth of limited English 
     proficiency, the Secretary shall coordinate and

[[Page 25979]]

     ensure close cooperation with other programs serving 
     language-minority and limited English proficient students 
     that are administered by the Department and other agencies.

                      ``PART D--GENERAL PROVISIONS

     ``SEC. 7401. DEFINITIONS.

     ``SEC. 7402. CONSTRUCTION.

       ``Nothing in subpart 1 or 2 shall be construed to prohibit 
     a local educational agency from serving limited English 
     proficient children and youth simultaneously with students 
     with similar educational needs, in the same educational 
     settings where appropriate.

     ``SEC. 7403. EVALUATION.

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

     ``SEC. 7404. CONSTRUCTION.

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

     ``SEC. 7405. LIMITATION ON FEDERAL REGULATIONS.

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

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

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

     ``SEC. 7407. CIVIL RIGHTS.

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

     ``SEC. 7408. RULE OF CONSTRUCTION.

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

     ``SEC. 7409. REPORT.

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

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

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

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

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


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

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

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

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

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

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

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

                                 H.R. 2

                        Offered By: Mr. Ackerman

       Amendment No. 6: After section 1113(f)(2) of the Elementary 
     and Secondary Education Act of 1965, as proposed to be 
     amended by section 107 of the bill, insert the following (and 
     redesignate any subsequent paragraphs accordingly):
       ``(3) Counties.--If sufficient funds are available, any 
     local educational agency which contains 2 or more counties in 
     their entirety shall provide to each eligible public school 
     attendance area or eligible public school an amount of funds, 
     per pupil from a low-income family, under this part for any 
     fiscal year which is not less than 90 percent of the amount 
     provided for the preceding fiscal year.
       In section 1124(c)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill, strike the third and fourth sentences.

                                 H.R. 2

                        Offered By: Mr. Ackerman

       Amendment No. 7: In section 1124(c)(2) of the Elementary 
     and Secondary Education Act of 1965, as proposed to be 
     amended by section 121 of the bill, strike the following: 
     ``If a local educational agency contains two or more counties 
     in their entirety, then each county will be treated as if 
     such county were a separate local educational agency for 
     purposes of calculating grants under this part. The total of 
     grants for such counties shall be allocated to such a local 
     educational agency, which local educational agency shall 
     distribute to schools in each county within such agency a 
     share of the local educational agency's total grant that is 
     no less than the county's share of the population counts used 
     to calculate the local educational agency's grant.''.

                                 H.R. 2

                        Offered By: Mr. Ackerman

       Amendment No. 8: At the end of the bill, add the following:

[[Page 25980]]


       TITLE IX--PROGRAMS FOR LIMITED ENGLISH PROFICIENT CHILDREN

     SEC. 901. TREATMENT OF AMERICAN SIGN LANGUAGE FOR PURPOSES OF 
                   PROGRAMS FOR LIMITED ENGLISH PROFICIENT 
                   CHILDREN.

       Section 7501(8)(A) (20 U.S.C. 7601(8)(A)) is amended--
       (1) in clauses (i) and (ii), by striking ``or'' at the end;
       (2) in clause (iii), by striking ``and'' at the end and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(iv) is a person whose native language is American Sign 
     Language; and''.

                                 H.R. 2

                        Offered by: Mr. Andrews

       Amendment No. 9: At the end of section 1114 of the the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 108 of the bill, add the following:
       ``(e) Prekindergarten Program.--
       ``(1) In general.--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 in accordance with paragraph (2).
       ``(2) Contents.--Before a school uses funds made available 
     under this title to establish or enhance prekindergarted 
     programs it shall consider the following:
       ``(A) The need to establish or expand a prekindergarten 
     program.
       ``(B) Hiring individuals to work with children in the 
     prekindergarten program who are teachers or child development 
     specialists certified by the State.
       ``(C) The ratio of teacher or child development specialist 
     to children not exceeding 10-1.
       ``(D) Developing a sliding fee schedule to ensure that the 
     parents of a child who attends a prekindergarten program 
     established under this section share in the cost of providing 
     the prekindergarten program, with the amount of such 
     contribution not to exceed $50 each week that a child attends 
     such program.
       ``(E) That none of the funds received under this title may 
     be used for the construction or renovation of existing or new 
     facilities (except for minor remodeling needed to accomplish 
     the purposes of this subsection).
       ``(F) Using a collaborative process with organizations and 
     members of the community that have an interest and experience 
     in early childhood development and education to establish 
     prekindergarten programs.
       ``(G) Coordinating with and expanding, but not duplicating 
     or supplanting, early childhood programs that exist in the 
     community.
       ``(H) Providing scientifically based research on early 
     childhood education services that focus on language, 
     literacy, and reading development.
       ``(I) How the program will meet the diverse needs of 
     children aged 0-5 in the community, including children who 
     have special needs.
       ``(J) Employing methods that ensure a smooth transition for 
     participating students from early childhood education to 
     kindergarten and early elementary education.
       ``(K) The results the programs are intended to achieve, and 
     what tools to use to measure the progress in attaining those 
     results.
       ``(L) Providing, either directly or through private 
     contributions, non-Federal matching funds equal to not less 
     than 50 percent of the amount of the funds used under this 
     title for the prekindergarten programs, with such 
     contributions including in kind contributions and parental 
     co-payments.
       ``(M) Developing a plan to operate the program without 
     using funds made available under this title.

                                 H.R. 2

                        Offered By: Mr. Andrews

       Amendment No. 10: In section 1119A(b)(1) of the Elementary 
     and Secondary Education Act of 1965, as proposed to be 
     amended by section 116 of the bill, insert after subparagraph 
     (E) the following (and redesignate any subsequent 
     subparagraphs accordingly):
       ``(F) include the training of principals and vice 
     principals;''.

                                 H.R. 2

                        Offered By: Mr. Andrews

       Amendment No. 11: Add at the end of section 1604 of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, the following:
       ``(d) Purchasing Requirements.--None of the funds made 
     available under this title shall be used to purchase needles 
     that are not infusion safety devices, commonly known as safe 
     needles.''.

                                 H.R. 2

                        Offered by: Mr. Andrews

       Amendment No. 12: Add at the end of the bill the following 
     new title:
                   TITLE IX--PREKINDERGARTEN PROGRAM

     SEC. 901. SENSE OF CONGRESS.

       Title XIV of the Act is amended by adding at the end the 
     following:

     ``SEC. 14802. SENSE OF CONGRESS REGARDING EARLY CHILDHOOD 
                   DEVELOPMENT SERVICES.

       ``It is the sense of Congress that the amount of funds 
     authorized for the Head Start Act should be appropriated to 
     provide vital early childhood development services to 
     children who might not otherwise receive such services.''.

     SEC. 902. PREKINDERGARTEN PROGRAM.

       Add at the end of the Act the following:
                 ``TITLE XVII--PREKINDERGARTEN PROGRAM

     ``SEC. 1701. FINDINGS.

       ``Congress finds the following:
       ``(1) Countless studies have shown what every parent 
     already knows: High-quality preschool education programs 
     work. They prepare children to learn when they go to school, 
     and the programs increase the success of students throughout 
     their lives.
       ``(2) Children who get a high-quality prekindergarten 
     education are more likely to increase their overall IQ, 
     improve their results on achievement tests, and increase 
     their changes of graduating from high school and pursuing 
     some form of higher education. These same children are less 
     likely to repeat a grade level and have less need for special 
     education instruction than those with no preschool 
     background, thus saving local educational agencies funds that 
     might otherwise be necessary to provide special education 
     instruction.
       ``(3) Prekindergarten education makes an enormous 
     difference in the lives of children from lower-income 
     families. The following specific results were found for 
     children eligible for Head Start services or child care 
     assistance, children who belong to a single parent, 2-child 
     families earning less than $22,000 per year, or families of 4 
     earning less than $31,000 per year--
       ``(A) 29 percent of the children who attended 
     prekindergarten program were employed in jobs paying over 
     $2,000 by age 27, as opposed to 7 percent of those from the 
     same income group who did not receive prekindergarten 
     education.
       ``(B) Only 57 percent of the children who attended a 
     prekindergarten program grew up to become single mothers, as 
     opposed to 83 percent of the same income group who did not 
     attend a prekindergarten program.
       ``(C) 36 percent of the children who attended a 
     prekindergarten program grew up to own their own homes, as 
     opposed to only 13 percent of the same income group who did 
     not attend such a program.
       ``(D) Less than 13 percent of the boys in the group who 
     attended a prekindergarten program grew up to be arrested 5 
     or more times, as opposed to 49 percent of the boys from the 
     same income group who did not attend a prekindergarten 
     program.

     ``SEC. 1702. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to provide 
     grants to local educational agencies with an approved 
     application under section 1703 to allow such agencies to 
     establish or expand prekindergarten early learning programs 
     in to be operated by the local education agency.
       ``(b) Priority.--The Secretary shall give priority for 
     grants under this title to local educational agencies with 
     the highest population of children, ages 3 to 5, not enrolled 
     in a prekindergarten program.

     ``SEC. 1703. APPLICATIONS.

       ``(a) In General.--A local education agency that desires to 
     receive a grant under this title shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may reasonably require.
       ``(b) Content.--An application referred to in subsection 
     (a), at a minimum, shall--
       ``(1) demonstrate a need for the establishment or expansion 
     of a prekindergarten program;
       ``(2) provide an assurance that each individual hired to 
     work with children in the prekindergarten program is a 
     teacher or child development specialist certified by the 
     State;
       ``(3) provide an assurance that the ratio of teacher or 
     child development specialist to children shall not exceed 10-
     1;
       ``(4) provide an assurance that the local educational 
     agency will provide, either directly or through private 
     contributions, non-Federal matching funds equal to not less 
     than 50 percent of the amount of the grant award, these 
     contributions shall include in kind contributions and 
     parental co-payments;
       ``(5) provide an assurance that the local educational 
     agency will develop a sliding fee schedule to ensure that the 
     parents of a child who attends a prekindergarten program 
     established under this title share in the cost of providing 
     the prekindergarten program, but the amount of such 
     contributions shall not exceed $50 each week that a child 
     attends such program;
       ``(6) provide a description of how funds will be used to 
     coordinate with and build on, but not duplicate or supplant, 
     early childhood programs that exist in the community; and
       ``(7) provide an assurance that none of the funds received 
     under this title may be used for the construction or 
     renovation of existing or new facilities (except for minor 
     remodeling needed to accomplish the purposes of this title).

     ``SEC. 1704. USES OF FUNDS.

       ``(a) In General.--A local educational agency that receives 
     a grant award under this title may use funds received to 
     establish or expand prekindergarten programs for three- and 
     four-year-old children.
       ``(b) Prekindergarten Programs.--Each prekindergarten 
     program that is established pursuant to this title shall--

[[Page 25981]]

       ``(1) focus on the developmental needs of participating 
     children, including their social, cognitive, and language-
     development needs, and use research-based approaches that 
     build on competencies that lead to school success, 
     particularly in language and literacy development and in 
     reading; and
       ``(2) ensure that participating children, at a minimum--
       ``(A) understand and use language to communicate for 
     various purposes;
       ``(B) understand and use increasingly complex and varied 
     vocabulary;
       ``(C) develop and demonstrate an appreciation of books;
       ``(D) develop phonemic, print, and numerary awareness; and
       ``(E) in the case of children with limited English 
     proficiency, progress toward acquisition of the English 
     language.

     ``SEC. 1705. REPORTING.

       ``(a) Local Reports.--Each local educational agency that 
     receives a grant award under this title shall submit to the 
     Secretary annually a report that reviews the effectiveness of 
     the prekindergarten program established with funds provided 
     under this title.
       ``(b) Report to Congress.--The Secretary shall submit to 
     Congress annually a report that evaluates the prekindergarten 
     programs established under this title.

     ``SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $210,000,000 for fiscal year 2000, $210,000,000 for 
     fiscal year 2001, $1,000,000,000 for fiscal year 2002, 
     $1,500,000,000 for fiscal year 2003, and $2,100,000,000 for 
     fiscal year 2004.''.

                                 H.R. 2

                         Offered By: Mr. Armey

       Amendment No. 13: Before section 111 of the bill, insert 
     the following (and redesignate any subsequent sections 
     accordingly):

     SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1115A of such Act (20 
     U.S.C. 6316) the following:

     ``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       ``(a) In General.--If a student is eligible to be served 
     under section 1115(b), or attends a school eligible for a 
     schoolwide program under section 1114, and--
       ``(1) becomes a victim of a violent criminal offense while 
     in or on the grounds of a public elementary school or 
     secondary school that the student attends and that receives 
     assistance under this part, then the local educational agency 
     shall allow such student to attend another public school or 
     public charter school in the same State as the school where 
     the criminal offense occurred, that is selected by the 
     student's parent; or
       ``(2) the public school that the student attends and that 
     receives assistance under this part has been designated as an 
     unsafe public school, then the local educational agency may 
     allow such student to attend another public school or public 
     charter school in the same State as the school where the 
     criminal offense occurred, that is selected by the student's 
     parent.
       ``(b) State Educational Agency Determinations.--
       ``(1) The State educational agency shall determine, based 
     upon State law, what actions constitute a violent criminal 
     offense for purposes of this section.
       ``(2) The State educational agency shall determine which 
     schools in the State are unsafe public schools.
       ``(3) The term `unsafe public schools' means a public 
     school that has serious crime, violence, illegal drug, and 
     discipline problems, as indicated by conditions that may 
     include high rates of--
       (A) expulsions and suspensions of students from school;
       (B) referrals of students to alternative schools for 
     disciplinary reasons, to special programs or schools for 
     delinquent youth, or to juvenile court;
       (C) victimization of students or teachers by criminal acts, 
     including robbery, assault and homicide;
       (D) enrolled students who are under court supervision for 
     past criminal behavior;
       (E) possession, use, sale or distribution of illegal drugs;
       (F) enrolled students who are attending school while under 
     the influence of illegal drugs or alcohol;
       (G) possession or use of guns or other weapons;
       (H) participation in youth gangs; or
       (I) crimes against property, such as theft or vandalism.
       ``(c) Transportation Costs.--The local educational agency 
     that serves the public school in which the violent criminal 
     offense occurred or that serves the designated unsafe public 
     school may use funds hereafter provided under this part to 
     provide transportation services or to pay the reasonable 
     costs of transportation for the student to attend the school 
     selected by the student's parent.
       ``(d) Special Rule.--Any school receiving assistance 
     provided under this section shall comply with title VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.
       ``(e) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       ``(f) Maximum Amount.--Notwithstanding any other provision 
     of this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school--
       (1) where the violent criminal offense occurred for the 
     fiscal year preceding the fiscal year in which the offense 
     occurred; or
       (2) designated as an unsafe public school by the State 
     educational agency for the fiscal year preceding the fiscal 
     year for which the designation is made.
       ``(g) Construction.--Nothing in this Act or any other 
     Federal law shall be construed to prevent a parent assisted 
     under this section from selecting the public or private 
     elementary school or secondary school that a child of the 
     parent will attend within the State.
       ``(h) Consideration of Assistance.--Assistance used under 
     this section to pay the costs for a student to attend a 
     private school shall not be considered to be Federal aid to 
     the school, and the Federal Government shall have no 
     authority to influence or regulate the operations of a 
     private school as a result of assistance received under this 
     section.
       ``(i) Continuing Eligibility.--A student assisted under 
     this section shall remain eligible to continue receiving 
     assistance under this section for 5 academic years without 
     regard to whether the student is eligible for assistance 
     under section 1114 or 1115(b).
       ``(j) State Law.--All actions undertaken under this section 
     shall be undertaken in accordance with State law and may be 
     undertaken only to the extent such actions are permitted 
     under State law.
       ``(k) Tuition Charges.--Assistance under this section may 
     not be used to pay tuition or required fees at a private 
     elementary school or secondary school in an amount that is 
     greater than the tuition and required fees paid by students 
     not assisted under this section at such school.
       ``(l) Sectarian Institutions.--Nothing in this section 
     shall be construed to supersede or modify any provision of a 
     State constitution that prohibits the expenditure of public 
     funds in or by sectarian institutions.
       After part G of the Elementary and Secondary Education Act 
     of 1965, as proposed to be added by section 171 of the bill, 
     insert the following:

                      PART F--ACADEMIC EMERGENCIES

     SEC. 181. ACADEMIC EMERGENCIES.

       (a) Academic Emergencies.--Title I of the Act is amended by 
     adding at the end the following:

                     ``PART H--ACADEMIC EMERGENCIES

     ``SEC. 1801. SHORT TITLE.

       ``This part may be cited as the ``Academic Emergency Act''.

     ``SEC. 1802. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to provide 
     funds to States that have 1 or more schools designated under 
     section 1803 as academic emergency schools to provide parents 
     whose children attend such schools with education 
     alternatives.
       ``(b) Grants to States.--Grants awarded to a State under 
     this part shall be awarded for a period of not more than 5 
     years.

     ``SEC. 1803. ACADEMIC EMERGENCY DESIGNATION.

       ``(a) Designation.--The Governor of each State may 
     designate 1 or more schools in the State that meet the 
     eligibility requirements set forth in subsection (b) or are 
     identified for school improvement under section 1116(b) as 
     academic emergency schools.
       ``(b) Eligibility.--To be designated as an academic 
     emergency school, the school shall be a public elementary 
     school--
       ``(1) with a consistent record of poor performance by 
     failing to meet minimum academic standards as determined by 
     the State; and
       ``(2) in which more than 50 percent of the children 
     attending are eligible for free or reduced price lunches 
     under the National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(c) List to Secretary.--To receive a grant under this 
     part, the Governor shall submit a list of academic emergency 
     schools to the State educational agency and the Secretary.

     ``SEC. 1804. APPLICATION AND STATE SELECTION.

       ``(a) Application.--Each State in which the Governor has 
     designated 1 or more schools as academic emergency schools 
     shall submit an application to the Secretary that includes 
     the following:
       ``(1) Assurances.--Assurances that the State shall--
       ``(A) use the funds provided under this part to supplement, 
     not supplant, State and local funds that would otherwise be 
     available for the purposes of this part;
       ``(B) provide written notification to the parents of every 
     student eligible to receive academic emergency relief funds 
     under this part, informing the parents of the voluntary 
     nature of the program established under this

[[Page 25982]]

     part, and the availability of qualified schools within their 
     geographic area;
       ``(C) provide parents and the education community with 
     easily accessible information regarding available education 
     alternatives; and
       ``(D) not reserve more than 4 percent of the amount made 
     available under this part to pay administrative expenses.
       ``(2) Information.--Information regarding each academic 
     emergency school, for the school year in which the 
     application is submitted, regarding the number of children 
     attending such school, including the number of children who 
     are eligible for free or reduced-price lunch under the 
     National School Lunch Act (42 U.S.C. 1751 et seq.) and the 
     level of student performance.
       ``(b) State Awards.--
       ``(1) State selection.--From the amount appropriated 
     pursuant to the authority of section 1814 in any fiscal year, 
     the Secretary shall award grants to States in accordance with 
     this section.
       ``(2) Priority.--To the extent practicable, the Secretary 
     shall ensure that each State that completes an application in 
     accordance with subsection (a) shall receive a grant of 
     sufficient size to provide education alternatives to not less 
     than 1 academic emergency school.
       ``(3) Award criteria.--In determining the amount of a grant 
     award to a State under this part, the Secretary shall take 
     into consideration the number of schools designated as 
     academic emergencies in the State and the number of eligible 
     students in such schools.
       ``(4) State plan.--Each State that applies for funds under 
     this part shall establish a plan--
       ``(A) to ensure that the greatest number of eligible 
     students who attend academic emergency schools have an 
     opportunity to receive an academic emergency relief funds; 
     and
       ``(B) to develop a simple procedure to allow parents of 
     participating eligible students to redeem academic emergency 
     relief funds.

     ``SEC. 1805. SELECTION OF ACADEMIC EMERGENCY SCHOOLS AND 
                   AWARDS TO PARENTS.

       ``(a) Selection.--The State shall select academic emergency 
     schools based on --
       ``(1) the number of eligible students attending an academic 
     emergency school;
       ``(2) the availability of qualified schools near the 
     academic emergency school; and
       ``(3) the academic performance of students in the academic 
     emergency school.
       ``(b) Insufficient Funds.--If the amount of funds made 
     available to a State under this part is insufficient to 
     provide every eligible student in a selected academic 
     emergency school with academic emergency relief funds, the 
     State shall devise a random selection process to provide 
     eligible students in such school whose family income does not 
     exceed 185 percent of the poverty line the opportunity to 
     participate in education alternatives established pursuant to 
     this part.
       ``(c) Payments.--
       ``(1) In general.--From the funds made available to a State 
     under this part and not reserved under section 1804(a)(1)(D), 
     a State shall pay not more than $3,500 in academic emergency 
     relief funds to the parents of each participating eligible 
     student.
       ``(2) Period of awards.--The academic emergency relief 
     funds awarded to parents of participating eligible students 
     shall be awarded for each school year during the grant period 
     which shall terminate--
       ``(A) when a participating eligible student is no longer a 
     student in the State; or
       ``(B) at the end of 5 years,
     whichever occurs first.
       ``(3) Duration.--A State shall continue to receive funds 
     under this part for distribution to parents of participating 
     eligible students throughout the 5-year grant period.

     ``SEC. 1806. QUALIFIED SCHOOLS.

       ``(a) Qualifications.--A State that submits an application 
     to the Secretary under section 1804 shall publish the 
     qualifications necessary for a school to participate as a 
     qualified school under this part. At a minimum, each such 
     school shall--
       ``(1) provide assurances to the State that it will comply 
     with section 1810;
       ``(2) certify to the State that the amount charged to a 
     parent using academic relief funds for tuition and fees does 
     not exceed the amount for such tuition and fees charged to a 
     parent not using such relief funds whose child attends the 
     qualified school (excluding scholarship students attending 
     such school); and
       ``(3) report to the State, not later than July 30 of each 
     year in a manner prescribed by the State, information 
     regarding student performance.
       ``(b) Confidentiality.--No personal identifiers may be used 
     in such report described in subsection (a)(3), except that 
     the State may request such personal identifiers solely for 
     the purpose of verifying student performance.

     ``SEC. 1807. ACADEMIC EMERGENCY RELIEF FUNDS.

       ``(a) Use of Academic Emergency Relief Funds.--A parent who 
     receives academic emergency relief funds from a State under 
     this part may use such funds to pay the costs of tuition and 
     mandatory fees for a program of instruction at a qualified 
     school.
       ``(b) Not School Aid.--Academic emergency relief funds 
     under this part shall be considered assistance to the student 
     and shall not be considered assistance to a qualified school.

     ``SEC. 1808. EVALUATION.

       ``(a) Annual Evaluation.--
       ``(1) Contract.--The Comptroller General of the United 
     States shall enter into a contract, subject to amounts 
     specified in Appropriation Acts, with an evaluating agency 
     that has demonstrated experience in conducting evaluations, 
     for the conduct of an ongoing rigorous evaluation of the 
     education alternative program established under this part.
       ``(2) Annual evaluation requirement.--The contract 
     described in paragraph (1) shall require the evaluating 
     agency entering into such contract to annually evaluate the 
     education alternative program established under this part in 
     accordance with the evaluation criteria described in 
     subsection (b).
       ``(3) Transmission.--The contract described in paragraph 
     (1) shall require the evaluating agency entering into such 
     contract to transmit to the Comptroller General of the United 
     States the findings of each annual evaluation under paragraph 
     (2).
       ``(b) Evaluation Criteria.--The Comptroller General of the 
     United States, in consultation with the Secretary, shall 
     establish minimum criteria for evaluating the education 
     alternative program established under this part. Such 
     criteria shall provide for--
       ``(1) a description of the effects of the programs on the 
     level of student participation and parental satisfaction with 
     the education alternatives provided pursuant to this part 
     compared to the educational achievement of students who 
     choose to remain at academic emergency schools selected for 
     participation under this part; and
       ``(2) a description of the effects of the programs on the 
     educational performance of eligible students who receive 
     academic emergency relief funds compared to the educational 
     performance of students who choose to remain at academic 
     emergency schools selected for participation under this part.

     ``SEC. 1809. REPORTS BY COMPTROLLER GENERAL.

       ``(a) Interim Reports.--Three years after the date of 
     enactment of the Student Results Act of 1999, the Comptroller 
     General of the United States shall submit an interim report 
     to Congress on the findings of the annual evaluations under 
     section 1808(a)(2) for the education alternative program 
     established under this part. The report shall contain a copy 
     of the annual evaluation under section 1808(a)(2) of 
     education alternative program established under this part.
       ``(b) Final Report.--The Comptroller General shall submit a 
     final report to Congress, not later than 7 years after the 
     date of the enactment of the Student Results Act of 1999, 
     that summarizes the findings of the annual evaluations under 
     section 1808(a)(2).

     ``SEC. 1810. CIVIL RIGHTS.

       ``(a) In General.--A qualified school under this part shall 
     not discriminate on the basis of race, color, national 
     origin, or sex in carrying out the provisions of this part.
       ``(b) Applicability and Construction With Respect to 
     Discrimination on the Basis of Sex.--
       ``(1) Applicability.--With respect to discrimination on the 
     basis of sex, subsection (a) shall not apply to a qualified 
     school that is controlled by a religious organization if the 
     application of subsection (a) is inconsistent with the 
     religious tenets of the qualified school.
       ``(2) Single-sex schools, classes, or activities.--With 
     respect to discrimination on the basis of sex, nothing in 
     subsection (a) shall be construed to prevent a parent from 
     choosing, or a qualified school from offering, a single-sex 
     school, class, or activity.

     ``SEC. 1811. RULES OF CONSTRUCTION.

       ``(a) In General.--Nothing in this part shall be construed 
     to prevent a qualified school that is operated by, supervised 
     by, controlled by, or connected to a religious organization 
     from employing, admitting, or giving preference to persons of 
     the same religion to the extent determined by such school to 
     promote the religious purpose for which the qualified school 
     is established or maintained.
       ``(b) Sectarian Purposes.--Nothing in this part shall be 
     construed to prohibit the use of funds made available under 
     this part for sectarian educational purposes, or to require a 
     qualified school to remove religious art, icons, scripture, 
     or other symbols.

     ``SEC. 1812. CHILDREN WITH DISABILITIES.

       ``Nothing in this part shall affect the rights of students, 
     or the obligations of public schools of a State, under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.).

     ``SEC. 1813. DEFINITIONS.

       ``As used in this part:
       ``(1) The terms ``local educational agency'' and ``State 
     educational agency'' have the same meanings given such terms 
     in section 14101 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 8801).
       ``(2) The term ``eligible student'' means a student 
     enrolled, in a grade between kindergarten and 4th, in an 
     academic emergency school during the school year in which the 
     Governor designates the school as an academic emergency 
     school, except that the

[[Page 25983]]

     parents of a child enrolled in kindergarten at the time of 
     the Governor's designation shall not be eligible to receive 
     academic emergency relief funds until the child is in first 
     grade.
       ``(3) The term ``Governor'' means the chief executive 
     officer of the State.
       ``(4) The term ``parent'' includes a legal guardian or 
     other person standing in loco parentis.
       ``(5) The term ``poverty line'' means the income official 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)) applicable to a family of the size involved.
       ``(6) The term ``qualified school'' means a public, 
     private, or independent elementary school that meets the 
     requirements of section 1806 and any other qualifications 
     established by the State to accept academic emergency relief 
     funds from the parents of participating eligible students.
       ``(7) The term ``Secretary'' means the Secretary of 
     Education.
       ``(8) The term ``State'' means each of the 50 States and 
     the District of Columbia.

     ``SEC. 1814. AUTHORIZATIONS OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $100,000,000 for fiscal year 2000 and such sums as may 
     be necessary for each of the fiscal years 2001 through 2004, 
     except that the amount authorized to be appropriated may not 
     exceed $100,000,000 for any fiscal year.''.
       (b) Repeals.--The following programs are repealed:
       (1) International Education Exchange Program.--Section 601 
     of the Goals 2000: Educate America Act (20 U.S.C. 5951).
       (2) Fund for the improvement of education.--Part A of title 
     X of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8001 et seq.).
       (3) 21st century community learning centers.--Part I of 
     title X of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8241 et seq.).

                                 H.R. 2

                        Offered By: Mr. Bilbray

       Amendment No. 14: After title VI of the bill, insert the 
     following (and redesignate provisions accordingly):
     TITLE VII--REIMBURSEMENT FOR COSTS FOR ILLEGAL ALIEN STUDENTS

     SEC. 701. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL 
                   COSTS FOR ILLEGAL ALIEN STUDENTS.

       Title X (20 U.S.C. 8001 et seq.) is amended by adding at 
     the end the following:

      ``PART L--REIMBURSEMENT FOR COSTS FOR ILLEGAL ALIEN STUDENTS

     ``SEC. 10995. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL 
                   COSTS FOR ILLEGAL ALIEN STUDENTS.

       ``(a) Grants to States.--From the amount appropriated 
     pursuant to subsection (e), subject to the succeeding 
     provisions of this section, the Secretary shall provide for 
     payment to each eligible State (as defined in subsection (b)) 
     for reimbursable costs (as defined in subsection (c)).
       ``(b) Eligible States.--In order for a State to be eligible 
     for payment under this section, the State shall provide the 
     Secretary with--
       ``(1) such information as the Secretary may require to 
     compute the amount of payment to the State under this 
     section; and
       ``(2) assurances that such payments shall be used only for 
     the purpose of reimbursing local educational agencies for 
     reimbursable costs.
       ``(c) Reimbursable Costs Defined.--For purposes of this 
     section, the term `reimbursable costs' means, with respect to 
     a State, costs incurred by local educational agencies in the 
     State in providing a free public education (as mandated by 
     Federal law) to eligible illegal alien students (as defined 
     in subsection (d)(1)) who have been identified to the 
     Secretary in a form and manner specified by the Secretary.
       ``(d) Eligible Illegal Alien Students.--
       ``(1) In general.--For purposes of this section, the term 
     `eligible illegal alien student' means an alien who is not 
     lawfully present in the United States and is enrolled in a 
     public school of a local educational agency in a State in an 
     elementary or secondary school level as of September 30, 
     1999, but only so long as such alien remains enrolled at a 
     public school of such local educational agency within such 
     school level.
       ``(2) School levels defined.--For purposes of this 
     subsection, there shall be 2 school levels:
       ``(A) The elementary school level, consisting of 
     kindergarten through the 6th grade.
       ``(B) The secondary school level, consisting of the 7th 
     through 12th grades.
       ``(e) Amount of Payment.--
       ``(1) In general.--The amount of payment to an eligible 
     State for a fiscal year under this section is the amount 
     appropriated pursuant to subsection (f) for the fiscal year 
     multiplied by the ratio of--
       ``(A) the product of--
       ``(i) the average number determined under paragraph (2)(A) 
     for the State and the fiscal year involved; and
       ``(ii) the average expenditures determined under paragraph 
     (2)(B) for the State and fiscal year involved; to
       ``(B) the sum of the products under subparagraph (A) for 
     all eligible States for the fiscal year.
       ``(2) Determinations.--The Secretary shall determine for 
     each eligible State before the beginning of each fiscal 
     year--
       ``(A) the average number of eligible illegal alien students 
     in the State for any school day during the school year ending 
     during the fiscal year; and
       ``(B) the average per-pupil expenditures for public 
     education benefits in the State for such school year, as 
     determined based on statistics of the National Center for 
     Education Statistics relating to expenditure per pupil in 
     average daily attendance in public elementary and secondary 
     schools.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated for each fiscal year (beginning 
     with fiscal year 2001) such sums as may be necessary to make 
     grants under this section.
       ``(g) State Defined.--In this section, the term `State' has 
     the meaning given such term in section 101(a)(36) of the 
     Immigration and Nationality Act.''.

                                 H.R. 2

                        Offered By: Mr. Crowley

       Amendment No. 15: At the end of part F of title I of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, insert the 
     following:

     ``SEC. 1612. SENSE OF CONGRESS REGARDING RAPID STUDENT 
                   POPULATION GROWTH.

       ``(a) Findings.--Congress finds that certain areas of the 
     country face rapid student population growth with such growth 
     straining school districts.
       ``(b) Sense of congress.--It is the sense of Congress that 
     there is a need for financial support from Federal, State, 
     and local agencies to assist school districts that face 
     significant increases in student enrollment.

                                 H.R. 2

                        Offered By: Mr. Crowley

       Amendment No. 16: After section 1113(f)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 107 of the bill, insert the 
     following (and redesignate any subsequent paragraphs 
     accordingly):
       ``(3) Counties.--If sufficient funds are available, any 
     local educational agency which contains 2 or more counties in 
     their entirety shall provide to each eligible public school 
     attendance area or eligible public school an amount of funds, 
     per pupil from a low-income family, under this part for any 
     fiscal year which is not less than 90 percent of the amount 
     provided for the preceding fiscal year.
       In section 1124(c)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill, strike the third and fourth sentences.

                                 H.R. 2

                        Offered By: Mr. Crowley

       Amendment No. 17: In section 1124(c)(2) of the Elementary 
     and Secondary Education Act of 1965, as proposed to be 
     amended by section 121 of the bill, strike the following: 
     ``If a local educational agency contains two or more counties 
     in their entirety, then each county will be treated as if 
     such county were a separate local educational agency for 
     purposes of calculating grants under this part. The total of 
     grants for such counties shall be allocated to such a local 
     educational agency, which local educational agency shall 
     distribute to schools in each county within such agency a 
     share of the local educational agency's total grant that is 
     no less than the county's share of the population counts used 
     to calculate the local educational agency's grant.''.

                                 H.R. 2

                         Offered By: Mr. Engel

       Amendment No. 18: After section 1113(f)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 107 of the bill, insert the 
     following (and redesignate any subsequent paragraphs 
     accordingly):
       ``(3) Counties.--If sufficient funds are available, any 
     local educational agency which contains 2 or more counties in 
     their entirety shall provide to each eligible public school 
     attendance area or eligible public school an amount of funds, 
     per pupil from a low-income family, under this part for any 
     fiscal year which is not less than 90 percent of the amount 
     provided for the preceding fiscal year.
       In section 1124(c)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill, strike the third and fourth sentences.

                                 H.R. 2

                         Offered By: Mr. Engel

       Amendment No. 19: In section 1124(c)(2) of the Elementary 
     and Secondary Education Act of 1965, as proposed to be 
     amended by section 121 of the bill, strike the following: 
     ``If a local educational agency contains two or more counties 
     in their entirety, then each county will be treated as if 
     such county were a separate local educational agency for 
     purposes of calculating grants under this part. The total of 
     grants for such counties shall be allocated to such a local 
     educational agency, which local educational agency shall 
     distribute to schools in each county within

[[Page 25984]]

     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.''.

                                 H.R. 2

                         Offered By: Mr. Fattah

       Amendment No. 20: At the end of part F of title I of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, insert the 
     following:

     ``SEC. 1612. EDUCATIONAL EQUITY.

       ``(a) In General.--Notwithstanding any other provision of 
     this title, no State shall receive funds under this title 
     unless the State certifies annually to the Secretary that--
       ``(1) the per pupil expenditures in the local educational 
     agencies of the State are substantially equal, taking into 
     consideration the variation in cost of serving pupils with 
     special needs and the local variation in cost of providing 
     education services; or
       ``(2) the achievement levels of students on reading and 
     mathematics assessments, graduation rates, and rates of 
     college-bound students in the local educational agencies with 
     the lowest per pupil expenditures are substantially equal to 
     those of the local educational agencies with the highest per 
     pupil expenditures.
       ``(b) Guidelines.--The Secretary, in consultation with the 
     National Academy of Sciences, shall develop and publish 
     guidelines to define the terms `substantially equal' and `per 
     pupil expenditures'.''.

                                 H.R. 2

                         Offered By: Mr. Fattah

       Amendment No. 21: Strike subparagraph (B) of section 
     1111(b)(8) of the Elementary and Secondary Education Act of 
     1965, as proposed to be amended by section 105 of the bill, 
     and insert the following:
       ``(B) what specific steps the State educational agency will 
     take to assist schools and local educational agencies that 
     receive funds under this part to assure that all students 
     enrolled in such schools and local educational agencies 
     reach, at a minimum, the proficient level of performance 
     within the time line established by paragraph (2)(A)(viii);
       ``(C) the actions the State will take to assure that 
     critical education services and resources are available in 
     local educational agencies that receive funds under this part 
     to the extent that such services are available in local 
     educational agencies that do not receive funds under this 
     part;
       ``(D) whether services in local educational agencies that 
     receive funds under this part are of comparable quality to 
     the services in local educational agencies that do not 
     receive funds under this part; and
       ``(D) at a minimum--
       ``(i) the rates at which class sections are taught by 
     experienced and fully qualified teachers as defined in 
     section 1610;
       ``(ii) curriculum, in terms of both the range of courses 
     offered, and the opportunity to participate in rigorous 
     courses, including advanced placement (AP) courses; and
       ``(iii) the quality and availability of instructional 
     materials and instructional resources including technology;
       ``(E) the measures that the State educational agency will 
     use annually to measure and publicly report progress 
     regarding clauses (i) through (iii) of subparagraph (D).
       After section 117 of the bill (proposing to amend section 
     1120 of the Elementary and Secondary Education Act of 1965), 
     insert the following (and redesignate any subsequent sections 
     accordingly):

     SEC. 118. FISCAL REQUIREMENTS.

       (a) Requirements.--Section 1120A(c)(2) (20 U.S.C. 
     6322A(c)(2)) is amended to read as follows:
       ``(2) Criteria for meeting comparability requirement.--'';
       ``(A) Approval.--To meet the requirement of paragraph (1), 
     a local educational agency shall obtain the State educational 
     agency's approval of a comprehensive plan to ensure 
     comparability in the use of Federal, State, and local funds 
     and educational services among its schools receiving funds 
     under this part and its other schools with respect to:
       ``(i) the rates at which class sections are taught by 
     experienced and fully qualified teachers as defined in 
     section 1610;
       ``(ii) curriculum, in terms of both the range of courses 
     offered, and the opportunity to participate in rigorous 
     courses including advanced placement (AP) courses; and
       ``(iii) the quality and availability of instructional 
     materials and instructional resources including 
     technology.'';
       ``(B) Exclusion.--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.
       ``(C) Requirements.--Notwithstanding subparagraph (A), a 
     local educational agency may continue to meet the requirement 
     of paragraph (1) by complying with subparagraph (A) as such 
     subparagraph was in effect on the day preceding the date of 
     enactment of the Student Results Act of 1999, except that 
     each local educational agency shall be required to comply 
     with subparagraph (A), as in effect after such date of 
     enactment, not later than July 1, 2002.''; and
       (b) Records.--Section 1120A(3)(B), is amended by striking 
     ``biennially'' and inserting ``annually''.

                                 H.R. 2

                       Offered By: Mr. Gejdenson

       Amendment No. 22: After title VI of the bill, insert the 
     following (and redesignate provisions accordingly):
                TITLE VII--VIOLENCE PREVENTION TRAINING

     SEC. 701. VIOLENCE PREVENTION TRAINING.

       Title X (20 U.S.C. 8001 et seq.) is amended by adding at 
     the end the following:

                 ``PART L--VIOLENCE PREVENTION TRAINING

     ``SEC. 10995. PROGRAM AUTHORIZED.

       ``(a) Grant Authority.--The Secretary is authorized to 
     award grants to institutions of higher education and 
     qualified entities that carry out early childhood education 
     training programs to enable selected institutions of higher 
     education and qualified entities to provide violence 
     prevention training as part of the early childhood education 
     training program.
       ``(b) Amount.--The Secretary shall award a grant under this 
     part in an amount that is not less than $500,000 and not more 
     than $1,000,000.
       ``(c) Duration.--The Secretary shall award a grant under 
     this part for a period of not less than 3 years and not more 
     than 5 years.

     ``SEC. 10996. APPLICATION.

       ``(a) Application Required.--Each institution of higher 
     education and qualified entity desiring a grant under this 
     part shall submit to the Secretary an application at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may require.
       ``(b) Contents.--Each application shall--
       ``(1) describe the violence prevention training activities 
     and services for which assistance is sought;
       ``(2) contain a comprehensive plan for the activities and 
     services, including a description of--
       ``(A) the goals of the violence prevention training 
     program;
       ``(B) the curriculum and training that will prepare 
     students for careers which are described in the plan;
       ``(C) the recruitment, retention, and training of students;
       ``(D) the methods used to help students find employment in 
     their fields;
       ``(E) the methods for assessing the success of the violence 
     prevention training program; and
       ``(F) the sources of financial aid for qualified students;
       ``(3) contain an assurance that the instructors running the 
     program are qualified and will use proven methods of violence 
     prevention;
       ``(4) contain an assurance that the institution has the 
     capacity to implement the plan; and
       ``(5) contain an assurance that the plan was developed in 
     consultation with agencies and organizations that will assist 
     the institution of higher education or qualified entity in 
     carrying out the plan.

     ``SEC. 10997. SELECTION PRIORITIES.

       ``The Secretary shall give priority to awarding grants to 
     institutions of higher education and qualified entities 
     carrying out violence prevention programs that include 1 or 
     more of the following components:
       ``(1) Preparation to engage in family support (such as 
     parent education, service referral, and literacy training).
       ``(2) Preparation to engage in community outreach or 
     collaboration with other services in the community.
       ``(3) Preparation to use conflict resolution training with 
     children.
       ``(4) Preparation to work in economically disadvantaged 
     communities.
       ``(5) Recruitment of economically disadvantaged students.
       ``(6) Carrying out programs of demonstrated effectiveness 
     in the type of training for which assistance is sought, 
     including programs funded under section 596 of the Higher 
     Education Act of 1965 (as such section was in effect prior to 
     October 7, 1998).

     ``SEC. 10998. DEFINITIONS.

       ``For purposes of this part:
       ``(1) At-risk child.--The term `at-risk child' means a 
     child who has been affected by violence through direct 
     exposure to child abuse, other domestic violence, or violence 
     in the community.
       ``(2) Early childhood education training program.--The term 
     `early childhood education training program' means a program 
     that--
       ``(A)(i) trains individuals to work with young children in 
     early child development programs or elementary schools; or
       ``(ii) provides professional development to individuals 
     working in early child development programs or elementary 
     schools;
       ``(B) provides training to become an early childhood 
     education teacher, an elementary school teacher, a school 
     counselor, or a child care provider; and
       ``(C) leads to a bachelor's degree or an associate's 
     degree, a certificate for working with young children (such 
     as a Child Development Associate's degree or an equivalent 
     credential), or, in the case of an individual

[[Page 25985]]

     with such a degree, certificate, or credential, provides 
     professional development.
       ``(3) Qualified entity.--The term `qualified entity' means 
     a public or nonprofit private organization which has--
       ``(A) experience in administering a program consistent with 
     the requirements of this part; and
       ``(B) demonstrated the ability to coordinate, manage, and 
     provide technical assistance to programs that receive grants 
     under this part.
       ``(4) Violence prevention.--The term `violence prevention' 
     means--
       ``(A) preventing violent behavior in children;
       ``(B) identifying and preventing violent behavior in at-
     risk children; or
       ``(C) identifying and ameliorating violent behavior in 
     children who act out violently.

     ``SEC. 10999. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $35,000,000 for each of the fiscal years 2000 through 
     2004.''.

                                 H.R. 2

                        Offered By: Mr. Goodling

       Amendment No. 23: In section 1112(b) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 106 of the bill--
       (1) in paragraph (10), by striking the ``and'' after the 
     semicolon;
       (2) in paragraph (11), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(12) a description of the criteria established by the 
     local educational agency pursuant to section 1119(b)(1).
       In section 1124(c)(1) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) in subparagraph (A), strike ``and'' after the 
     semicolon;
       (2) in subparagraph (B), strike the period and insert ``; 
     and''; and
       (3) add at the end the following:
       ``(C) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency from families above the 
     poverty level as determined under paragraph (4).''.
       In section 1124(c)(4) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     121 of the bill--
       (1) insert before the first sentence the following: ``For 
     the purposes of this section, the Secretary shall determine 
     the number of children aged 5 to 17, inclusive, from families 
     above the poverty level on the basis of the number of such 
     children from families receiving an annual income, in excess 
     of the current criteria of poverty, from payments under a 
     State program funded under part A of title IV of the Social 
     Security Act; and in making such determinations the Secretary 
     shall utilize the criteria of poverty used by the Bureau of 
     the Census in compiling the most recent decennial census for 
     a family of 4 in such form as those criteria have been 
     updated by increases in the Consumer Price Index for all 
     urban consumers, published by the Bureau of Labor 
     Statistics.'';
       (2) in the first sentence after the sentence inserted by 
     paragraph (1)--
       (A) insert ``the number of such children and'' after 
     ``determine''; and
       (B) insert ``(using, in the case of children described in 
     the preceding sentence, the criteria of poverty and the form 
     of such criteria required by such sentence which were 
     determined for the calendar year preceding such month of 
     October)'' after ``fiscal year''.
       Amend subparagraph (C) of section 1701(b)(2) of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 171 of the bill, to read as follows:
       ``(C) Reallocation.--If a State does not apply for funds 
     under this section, the Secretary shall reallocate such funds 
     to other States that do apply in proportion to the amount 
     allocated to such States under subparagraph (B).''.
       In section 5204(a) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), insert ``the design and development 
     of new strategies for overcoming transportation barriers,'' 
     after ``effective public school choice''; and
       (2) in paragraph (2)(A), after ``inter-district'' insert 
     ``or intra-district''; and
       (3) amend subparagraph (E) to read as follows:
       ``(E) public school choice programs that augment the 
     existing transportation services necessary to meet the needs 
     of children participating in such programs.''.
       In section 5204(b) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be added by section 201 
     of the bill--
       (1) in paragraph (1), after the semicolon insert ``and'';
       (2) strike paragraph (2); and
       (3) redesignate paragraph (3) as paragraph (2).
       In section 9116(c) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     401 of the bill--
       (1) insert ``funds for'' after ``(b) shall include''; and
       (2) strike ``, or portion thereof,'' and insert 
     ``exclusively serving Indian children or the funds reserved 
     under any program to exclusively serve Indian children''.
       In section 15004(a)(2) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     301 of the bill, strike ``state, or federal laws, rules or 
     regulations'' and insert ``State, and Federal laws, rules and 
     regulations''.
       In section 1121(c)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``1 year'' and insert ``2 years''.
       In the heading for section 1123 of the Education Amendments 
     of 1978, as proposed to be amended by section 410 of the 
     bill, insert ``codification of'' before ``regulations''.
       In section 1126(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, strike 
     ``maintenance to schools'' and insert ``maintenance of 
     schools''.
       In the heading for section 1138(b)(2) of the Education 
     Amendments of 1978, as proposed to be amended by section 410 
     of the bill, strike ``General'' and all that follows through 
     the semicolon.
       In section 1138(b)(2) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``Regulations required'' and all that follows through ``Such 
     regulations shall'' and insert ``Regulations issued to 
     implement this Act shall''.
       In section 1138A(b)(1) of the Education Amendments of 1978, 
     as proposed to be amended by section 410 of the bill, strike 
     ``, provided that the'' and all that follow through the end 
     of the paragraph and insert a period.
       In section 1138A(b) of the Education Amendments of 1978, as 
     proposed to be amended by section 410 of the bill, 
     redesignate paragraph (2) as paragraph (3), and insert the 
     following new paragraph (2) after paragraph (1):
       ``(2) Notification to congress.--If draft regulations 
     implementing this part and the Tribally Controlled Schools 
     Act of 1988 are not issued in final form by the deadline 
     provided in paragraph (1), the Secretary shall notify the 
     appropriate committees of Congress of which draft regulations 
     were not issued in final form by the deadline and the reason 
     such final regulations were not issued.
       In section 5209(a) of Public Law 100-297, as proposed to be 
     amended by section 420 of the bill--
       (1) strike ``106(f)'' and insert ``106(e)'';
       (2) strike ``106(j)'' and insert ``106(i)''; and
       (3) strike ``106(k)'' and insert ``106(j)''.
       In section 722(g)(3)(C) of the Stewart B. McKinney Homeless 
     Education Assistance Act (42 U.S.C. 11432(g)(3)(C)), as 
     proposed to be amended by section 704 of the bill--
       (1) in clause (i), strike ``Except as provided in clause 
     (iii), a'' and insert ``A''; and
       (2) amend clause (iii) to read as follows:
       ``(iii) ``If the child or youth needs to obtain 
     immunizations or immunization records, the enrolling school 
     shall immediately refer the parent or guardian of the child 
     or youth to the liaison who shall assist in obtaining 
     necessary immunizations or immunization records in accordance 
     with subparagraph (E).''
       In section 722(g)(3)(E)(i) of the Stewart B. McKinney 
     Homeless Education Assistance Act (42 U.S.C. 
     11432(g)(3)(E)(i)), as proposed to be amended by section 704 
     of the bill, strike ``except as provided in subparagraph 
     (C)(iii),''.
       In section 1112(g) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     106(f) of the bill strike paragraph (2)(A) and insert the 
     following:
       ``(2) Consent.--
       ``(A) Agency requirements.--
       ``(i) Informed consent.--For a child who has been 
     identified as limited English proficient prior to the 
     beginning of the school year, each local educational agency 
     that receives funds under this part shall obtain informed 
     parental consent prior to the placement of a child in an 
     English language instruction program for limited English 
     proficient children funded under this part, if--
       ``(I) the program does not include classes which 
     exclusively or almost exclusively use the English language in 
     instruction; or
       ``(II) instruction is tailored for limited English 
     proficient children.
       ``(ii) Written consent not obtained.--If written consent is 
     not obtained, the local educational agency shall maintain a 
     written record that includes the date and the manner in which 
     such informed consent was obtained.
       ``(iii) Response not obtained.--
       ``(I) In general.--If a response cannot be obtained after a 
     reasonable and substantial effort has been made to obtain 
     such consent, the local educational agency shall document, in 
     writing, that it has given such notice and its specific 
     efforts made to obtain such consent.
       ``(II) Delivery of proof of documentation.--The proof of 
     documentation shall be mailed or delivered in writing to the 
     parents or guardian of the child prior to placing the child 
     in a program described under subparagraph (A), and shall 
     include a final notice requesting parental consent for such 
     services. After such documentation has been mailed or 
     delivered in writing, the LEA shall provide appropriate 
     educational services.
       (III) Special rule applicable during school year.--A local 
     educational agency

[[Page 25986]]

     may obtain parental consent under this clause only for 
     children who have not been identified as limited English 
     proficient prior to the beginning of the school year. For 
     such children the agency shall document, in writing, its 
     specific efforts made to obtain such consent prior to placing 
     the child in a program described in subparagraph (A). After 
     such documentation has been made, the local educational 
     agency shall provide appropriate educational services to such 
     child. The proof of documentation shall be mailed or 
     delivered in writing to the parents or guardian of the child 
     in a timely manner and shall include information on how to 
     have their child immediately removed from the program upon 
     their request. This clause shall not be construed as 
     exempting a local educational agency from complying with the 
     requirements of this subparagraph.

                                 H.R. 2

                    Offered By: Mr. Hill of Indiana

       Amendment No. 24: Add at the end of the bill the following 
     new title:
                       TITLE IX--SMALLER SCHOOLS

     SEC. 901. SMALLER SCHOOLS.

       Title X of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end 
     the following new part:

                       ``PART L--SMALLER SCHOOLS

     ``SEC. 10995. SHORT TITLE AND FINDINGS.

       ``(a) Short title.--This part may be cited as the `Smaller 
     Schools, Stronger Communities Act'.
       ``(b) Findings.--Congress finds the following:
       ``(1) Since World War II, the conventional wisdom among 
     educators has been that larger schools are better and 
     accordingly the number of secondary schools in the United 
     States has declined by 70 percent, while average school size 
     has grown by 5 times. But over the past few years, educators 
     have begun to question the approach that bigger schools are 
     always better.
       ``(2) The National Association of Secondary School 
     Principals (referred to in this section as the NAASP) 
     recently recommended that the high school of the 21st Century 
     be ``much more student-centered and above all much more 
     personalized in programs, support services and intellectual 
     rigor.'' The NAASP stated that students take more interest in 
     school when they experience a sense of belonging and that 
     students benefit from a more intimate setting in which their 
     presence is more readily and repeatedly acknowledged.
       ``(3) The NAASP also warns that the ``bigness'' of high 
     schools shrouds many young people ``in a cloak of anonymity'' 
     and recommends that high schools should restructure the space 
     and time of high schools so that students are no longer 
     ``invisible and melt into their surroundings''. NAASP 
     recommends that high schools change their structure to limit 
     their enrollments to self-operating units of not more than 
     600 students, either through constructing new buildings or 
     through creating ``school-within-school'' units. It also 
     suggests changing the relationship between teachers and 
     students by reducing the number of class changes students 
     make each day and allowing teachers to have more time with 
     smaller numbers of students.
       ``(4) Scientifically based research shows that larger 
     school size tends to stratify students into different tracks 
     which are often based on children's educational and social 
     backgrounds. Larger schools foster inequitable educational 
     outcomes, where there are great differences between the 
     educational achievement of students within the same school.
       ``(5) Scientifically based research shows that in smaller, 
     more personalized, and less bureaucratic schools, inequities 
     between student achievement are smaller and that students in 
     smaller schools perform better in the core subjects of 
     reading, math, history, and science and are more engaged in 
     their courses. In addition, smaller schools have higher 
     attendance rates and higher participation in school 
     activities.
       ``(6) Scientifically based research shows that because 
     achievement levels in smaller schools are more equitably 
     distributed, students who come from more disadvantaged 
     economic and educational backgrounds show the greatest 
     achievement gains in smaller schools.

     ``SEC. 10996. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to provide 
     flexible challenge grants to local educational agencies to 
     implement and administer plans to create smaller schools.
       ``(b) Consideration; Assurance; and Priority.--The 
     Secretary, in awarding grants under this part to local 
     educational agencies shall--
       ``(1) consider the number of students served and the 
     number, location, and size of the schools which serve such 
     students; and
       ``(2) assure, to the extent practicable, an equitable 
     distribution of assistance among urban and rural areas of the 
     United States and among urban and rural areas of a State.
       ``(3) give priority to local educational agencies that 
     establish a target number for attendance at--
       ``(A) each high school of not more than 600 students or 
     create self-operating academic units within a high school of 
     not more than 600; and
       ``(B) each elementary school or middle school of not more 
     than 400 students.
       ``(c) Limitation.--The Secretary may award not more than 
     $2,000,000 to any local educational agency selected to 
     receive a grant award under this part.

     ``SEC. 10997. APPLICATION.

       ``(a) In General.--
       ``(1) In general.--A local educational agency wishing to 
     implement smaller school plans shall apply to the Secretary 
     for a flexible challenge grant at such time and in such form 
     as the Secretary may reasonably require.
       ``(2) Application form.--The Secretary shall develop a 
     application that is simple and brief in form.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this part, a local educational agency shall submit a 5-year 
     plan that--
       ``(1) calculates the number of students enrolled in each 
     school during the preceding school year divided by the number 
     of schools in such agency; and
       ``(2) describes how such agency plans to reduce the size of 
     its schools by creating `schools within schools,' or building 
     new schools to reduce average school sizes.

     ``SEC. 10998. USES OF FUNDS AND REPORTING.

       ``(a) Uses of Funds.--Funds received under this part may be 
     used--
       ``(1) to hire additional staff;
       ``(2) for planning, feasibility studies, and architectural 
     fees to design or remodel school facilities; and
       ``(3) for any other reasonable expense, but shall not 
     include the costs directly associated with the renovation of 
     existing facilities or the purchase or construction of new 
     facilities.
       ``(b) Reporting.--Each local educational agency that 
     receives a grant under this part shall report annually to the 
     Secretary regarding how such funds were spent.

     ``SEC. 10999. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $100,000,000 for fiscal year 2000, $100,000,000 for 
     fiscal year 2001, $200,000,000 for fiscal year 2002, and 
     $300,000,000 for fiscal year 2003.''.

                                 H.R. 2

                        Offered By: Mr. Hinojosa

    (To the Amendment in the Nature of a Substitute Offered by Mr. 
                               Goodling)

       Amendment No. 25: Page II-13, after line 25, insert the 
     following:
                     TITLE III--BILINGUAL EDUCATION

     SEC. 301. FINDINGS.

       (a) The Congress finds that--
       (1) since 1979, the number of limited English proficient 
     children in America's schools has doubled and demographic 
     trends indicate the population of limited English proficient 
     children will continue to increase;
       (2) language minority Americans speak virtually all world 
     languages plus many that are indigenous to the United States, 
     although Spanish is the native language for 3 out of 4 
     language minority Americans;
       (3) multilingualism, or the ability to speak languages in 
     addition to English, is a tremendous resource to the United 
     States because such ability enhances American competitiveness 
     in global markets by permitting improved communication and 
     cross-cultural understanding between producers and suppliers, 
     vendors and clients, and retailers and consumers;
       (4) language minority students bring a rich linguistic 
     diversity to America's classrooms which enhances the learning 
     environment for all students--their contribution should be 
     valued for the significant and positive impact it has on the 
     entire school environment;
       (5) for many limited English proficient students, fluency 
     in a language other than English has been treated as a 
     deficit rather than as a societal benefit in our Nation's 
     schools;
       (6) the Federal Government, as reflected in title VI of the 
     Civil Rights Act of 1964 and section 204(f) of the Equal 
     Education Opportunities Act of 1974, has a special and 
     continuing obligation to ensure that States and local school 
     districts take appropriate action to provide equal 
     educational opportunities to children and youth of limited 
     English proficiency;
       (7) the Federal Government also, as exemplified by programs 
     authorized under title VII of the Elementary and Secondary 
     Education Act of 1965, has a special and continuing 
     obligation to assist States and local school districts to 
     develop the capacity to provide programs of instruction that 
     offer limited English proficient children and youth an equal 
     educational opportunity;
       (8) limited English proficient children and youth face a 
     number of challenges in receiving an education that will 
     enable them to participate fully in American society, 
     including--
       (A) segregated education programs;
       (B) disproportionate and improper placement in special 
     education and other special programs, due to the use of 
     inappropriate evaluation procedures;
       (C) disproportionate attendance in high-poverty schools, as 
     demonstrated by the fact that, in 1994, 75 percent of limited 
     English proficient students attended schools in which at 
     least half of all students were eligible for free or reduced-
     price meals;

[[Page 25987]]

       (D) the limited English proficiency of their parents, which 
     hinders parents' ability to participate fully in the 
     education of their children;
       (E) a shortage of teachers and other staff who are 
     professionally trained and qualified to serve such children 
     and youth; and
       (F) lack of appropriate performance and assessment 
     standards that distinguish between language and academic 
     achievement so that there is equal accountability on the part 
     of states and local education agencies for the achievement of 
     limited English proficient students in academic content while 
     acquiring English;
       (9) research has delineated the most effective 
     methodologies for teaching a second language, which should be 
     adopted, including--
       (A) that the most effective environment for second language 
     teaching and learning are those that promote limited English 
     proficient students' native language and literacy development 
     as a foundation for English language and academic 
     development; and
       (B) that parent and community participation in bilingual 
     education programs contributes to program effectiveness.

     SEC. 302. POLICY AND PURPOSE.

       (a) Policy.--Section 7102(b) is amended to read as follows:
       ``(b) Policy.--The Congress declares it to be the policy of 
     the United States--
       ``(1) in order to ensure equal educational opportunity for 
     all children and youth and to promote educational excellence, 
     that the Federal Government should assist State and local 
     educational agencies, institutions of higher education, and 
     community-based organizations to build their capacity to 
     establish, implement, and sustain programs of instruction and 
     language development for children and youth of limited 
     English proficiency;'';
       ``(2) ensuring limited English proficient children also 
     meet challenging State standards in the core content areas, 
     including the ability to understand, speak, read and write 
     English at the same level as native English speakers;
       ``(3) developing fully bilingual/biliterate skills; and
       ``(4) developing the English language skills of such 
     children and youth and the native language skills of such 
     children and youth.''.
       (b) Purposes.--Section 7102(c) is amended by inserting in 
     the matter before paragraph (1) the following: ``promoting 
     systemic improvement and reform of, and developing 
     accountability systems for, educational programs serving 
     students with limited English proficiency.''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR PART A.

       Section 7103(a) is amended to read as follows:
       ``(a) In General.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $700,000,00 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of fiscal years 2002 through 2005.''.

     SEC. 304. ACCOUNTABILITY.

       Subpart 1 of title VII is amended by--
       (1) inserting a new section 7112 to read as follows:

     ``SEC. 7112. ACCOUNTABILITY.

       ``(a) In order to ensure that limited English proficient 
     students are receiving effective English language instruction 
     and effective instruction that enables such students to 
     achieve to challenging State standards--
       ``(1) all programs funded under this subpart shall annually 
     assess the English proficiency of all limited English 
     proficient students served by the program;
       ``(2) such students shall be included in the State 
     assessments of academic performance, as provided for under 
     section 1111(b)(2); and
       ``(3) such students shall be assessed, to the extent 
     practicable, in the language and form most likely to yield 
     accurate and reliable information on what those students 
     know, and can do, in content areas other than English.

     For the purposes of this subsection, tests written in Spanish 
     shall be deemed practicable when administered to Spanish-
     speaking students with limited English proficiency if such 
     tests are more likely than tests written in English to yield 
     accurate and reliable information on what those students know 
     and can do in content areas other than English.
       ``(b) Notwithstanding paragraph (3), such students who have 
     been in United States' schools (not including Puerto Rico) 
     for 5 consecutive years or more shall be tested in reading 
     and language arts using tests written in English, except that 
     a State or school district, based upon the scores of a 
     student on the tests required in paragraph (1), may determine 
     that a student is sufficiently proficient to be tested in 
     reading and language arts using tests written English, prior 
     to the completion of 5 years in United States schools.;
       ``(c) No student shall be removed from a program of 
     bilingual education or English as a second language based 
     upon his or her performance on the test administered under 
     clause (2).''; and
       (2) renumbering subsequent sections appropriately.

     SEC. 305. MULTILINGUAL EDUCATION.

       (a) Financial Assistance for Bilingual Education.--Section 
     7111(2)(A) is amended by striking ``, and to the extent 
     possible,'' and inserting ``and''.
       (b) Program Development and Implementation Grants.--Section 
     7112(b)(2)(i) is amended by striking ``; and'' and inserting 
     ``and will promote proficiency in English and in such 
     students' native language; and''.
       (c) Applications.--Subparagraph 7116(b)(2)(B) is amended 
     by--
       (1) striking ``and'' at the end of clause (i);
       (2) inserting a new clause (ii) to read as follows:
       ``(ii) will further both English language proficiency and 
     native language proficiency in limited English proficient 
     students served pursuant to a grant received under this 
     subpart; and''; and
       (3) by redesignating clause (ii) as (iii).
       (d) Funding Priority.--Section 7120 is amended by--
       (1) striking the ``and'' at the end of paragraph (2);
       (2) striking the period at the end of paragraph (3) and 
     inserting ``; and
       (3) adding a new paragraph (4) to read as follows--
       ``(4) establishes programs for dual language proficiency in 
     English and students' native languages.''.
       (e) Evaluation.--Section 7123(c)(1) is amended by striking 
     ``(and, where applicable, native language)'' and inserting 
     ``and native language''.

     SEC. 306. PROGRAM DEVELOPMENT AND ENHANCEMENT GRANTS.

       Section 7113 is amended--
       (1) by amending the section heading to read as follows: 
     ``PROGRAM DEVELOPMENT AND ENHANCEMENT GRANTS'';
       (2) by amending subsection (a) to read as follows:
       ``(a) Purpose.--The purpose of this section is to provide 
     grants to eligible entities to carry out effective and 
     innovative instructional programs for limited English 
     proficient students.'';
       (3) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``two'' and inserting 
     ``three''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Authorized activities.--
       ``(A) Grants under this section shall be used for--
       ``(i) developing and implementing comprehensive, preschool, 
     elementary, or secondary education programs for children and 
     youth with limited English proficiency, that are aligned with 
     standards-based State and local school reform efforts and 
     coordinated with other relevant programs and services to meet 
     the full range of educational needs of such children and 
     youth;
       ``(ii) providing high-quality professional development to 
     classroom teachers, administrators, and other school or 
     community-based organization personnel to improve the 
     instruction and assessment of limited English proficient 
     students; and
       ``(iii) annually assessing the English proficiency of all 
     limited English proficient students served by the program.
       ``(B) Grants under this section may be used for--
       ``(i) implementing programs to upgrade the reading and 
     other academic skills of limited English proficient students 
     and to promote proficiency in English and in the students' 
     native language;
       ``(ii) developing accountability systems to track the 
     academic progress of limited English proficient and formerly 
     limited English proficient students;
       ``(iii) implementing family education programs and parent 
     outreach and training activities designed to assist parents 
     to become active participants in the education of their 
     children;
       ``(iv) improving the instructional program for limited 
     English proficient students by identifying, acquiring, and 
     applying effective curriculum, instructional materials, 
     assessments, and educational technology aligned with State 
     and local standards;
       ``(v) providing tutorials and academic or career counseling 
     for children and youth who are limited English proficient; 
     and
       ``(vi) such other activities, consistent with the purposes 
     of this part, as the Secretary may approve.''.

     SEC. 307. COMPREHENSIVE SCHOOL GRANTS.

       Section 7114 is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Purpose.--The purpose of this section is to implement 
     school-wide education programs, in coordination with title I, 
     for children and youth with limited English proficiency--
       ``(1) to assist such children and youth to learn English 
     and achieve to challenging State content and performance 
     standards; and
       ``(2) to improve, reform, and upgrade relevant programs and 
     operations, in schools with significant concentrations of 
     such students or that serve significant numbers of such 
     students.'';
       (2) by amending subsection (b)--
       (A) in paragraph (1)(B) by inserting at the end a new 
     sentence to read as follows: ``Any entity not receiving a 
     satisfactory evaluation of a grant received under this 
     section shall be ineligible to apply for another grant under 
     this section for at least 3 years.''; and
       (B) amending paragraph (3) to read as follows:

[[Page 25988]]

       ``(3) Authorized activities.--
       ``(A) Grants under this section shall be used to improve 
     the education of limited English proficient students and 
     their families by--
       ``(i) coordinating the program with district policies and 
     practices, as well as other relevant programs and services, 
     and aligning the program with school reform efforts to meet 
     the full range of educational needs of limited English 
     proficient students;
       ``(ii) providing training to all, or virtually all, school 
     personnel and participating community-based organization 
     personnel to improve the instruction and assessment of 
     limited English proficient students;
       ``(iii) developing or improving accountability systems to 
     track the academic progress of limited English proficient and 
     formerly limited English proficient students; and
       ``(iv) annually assessing the English proficiency of all 
     limited English proficient students served by the program.
       ``(B) Grants under this section may also be used for--
       ``(i) implementing programs to upgrade the reading and 
     other academic skills of limited English proficient students;
       ``(ii) developing and using educational technology, 
     including interactive technology, to improve learning, 
     assessments, and accountability;
       ``(iii) implementing and adapting research-based models for 
     meeting the needs of limited English proficient students;
       ``(iv) developing and implementing programs to meet the 
     needs of limited English proficient students with 
     disabilities;
       ``(v) implementing family education programs and parent 
     outreach and training activities designed to assist parents 
     to become active participants in the education of their 
     children;
       ``(vi) improving the instructional program for limited 
     English proficient students by identifying, acquiring, and 
     upgrading curriculum, instructional materials, educational 
     software and assessment procedures;
       ``(vii) providing tutorials and academic or career 
     counseling for children and youth of limited English 
     proficiency;
       ``(viii) developing and implementing programs to help all 
     students become proficient in more than 1 language; and
       ``(ix) carrying out such other activities, consistent with 
     the purposes of this part, as the Secretary may approve.'';
       (3) by amending paragraph (4) to read as follows:
       ``(4) Special rules.--A grant recipient--
       ``(A) before carrying out a program assisted under this 
     section, shall plan, train personnel, develop curriculum, and 
     acquire or develop materials, but shall not use funds under 
     this section for planning purposes for more than 90 days; and
       ``(B) shall not carry out a program under this section in 
     more than 2 schools for each grant it receives under this 
     section.''.

     SEC. 308. SYSTEMWIDE IMPROVEMENT GRANTS.

       Section 7115 is amended--
       (1) in subsection (a), by striking ``bilingual education 
     programs or special alternative instruction programs to'' and 
     inserting ``instructional programs for children and youth 
     with limited English proficiency'';
       (2) by amending subsection (b)--
       (A) in paragraph (1)(B) inserting at the end a new sentence 
     to read as follows: ``Any entity not receiving a satisfactory 
     evaluation of a grant received under this section shall be 
     ineligible to apply for another grant under this section for 
     at least 3 years.''; and
       (B) by amending paragraph (4) to read as follows:
       ``(4) Authorized activities.--
       ``(A) Grants under this section shall be used for--
       ``(i) aligning programs for limited English proficient 
     students in the district with school, district, and State 
     reform efforts and coordinating the program with other 
     relevant programs, such as title I, and services to meet the 
     full range of educational needs of limited English proficient 
     students throughout the district;
       ``(ii) providing high-quality professional development that 
     is aligned with high standards to classroom teachers, 
     administrators, and other school or community-based 
     organization personnel to improve the instruction and 
     assessment of limited English proficient students;
       ``(iii) developing and implementing a plan, coordinated 
     with programs under title II of Higher Education Act of 1965 
     where applicable, to recruit teachers trained to serve 
     limited English proficient students;
       ``(iv) annually assessing the English proficiency of all 
     limited English proficient students served by the program; 
     and
       ``(v) developing or improving accountability systems that 
     are consistent with the State's accountability system to 
     measure limited English proficient students academic progress 
     in a valid and reliable manner;
       ``(vi) reviewing student grade promotion policies and 
     graduation requirements to provide the required additional 
     education services for limited English proficient students; 
     and
       ``(vii) developing and improving family education programs 
     and parent outreach and training activities designed to 
     assist parents to become informed and active decision makers 
     regarding the education of their children.
       ``(B) Grants under this section may also be used for--
       ``(i) developing and implementing programs to help all 
     students become proficient in more than 1 language;
       ``(ii) developing content and performance standards for 
     learning English as a second language, as well as for 
     learning other languages;
       ``(iii) developing assessments tied to State performance 
     standards;
       ``(iv) developing performance standards for students with 
     limited English proficiency that are aligned with challenging 
     State content standards;
       ``(v) redesigning programs for limited English proficient 
     students to meet the needs of changing populations of such 
     students;
       ``(vi) coordinating assessments with State accountability 
     systems;
       ``(vii) implementing policies and procedures to ensure that 
     limited English proficient students have access to all 
     district programs, such as gifted and talented, vocational 
     education, and special education programs; and
       ``(viii) integrating technology into all aspects of 
     educating limited English proficient students, including data 
     management systems and the delivery of instructional services 
     to limited English proficient students.''.

     SEC. 309. APPLICATIONS FOR AWARDS UNDER SUBPART 1.

       (a) Applications.--Section 7116 is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``such application'' and 
     inserting ``its written comments on the application''; and
       (B) by amending paragraph (2)(B) to read as follows:
       ``(B) For purposes of this subpart, such comments shall 
     address--
       ``(i) how the grant activities will further the academic 
     achievement and English proficiency of limited English 
     proficient students served under a grant received under this 
     subpart;
       ``(ii) how the grant activities will further both English 
     language proficiency and native language proficiency, if 
     applicable, in limited English proficient students served 
     pursuant to a grant received under this subpart; and
       ``(iii) how the grant application is consistent with the 
     State plan, especially with regard to State assessments, 
     required under section 1111.'';
       (2) by amending subsection (f) to read as follows:
       ``(f) Required Documentation.--Such application shall 
     include documentation that--
       ``(1) the applicant has the qualified personnel required to 
     develop, administer, and implement the proposed program; and
       ``(2) the leadership of each participating school has been 
     involved in the development and planning of the program in 
     the school.'';
       (3) in subsection (g)(1)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) A description of the need for the proposed program, 
     including data on the number of children and youth of limited 
     English proficiency in the schools or school districts to be 
     served and the characteristics of such children and youth, 
     including--
       ``(i) the native languages of the students to be served;
       ``(ii) student proficiency in English and the native 
     language;
       ``(iii) current achievement data of the limited English 
     proficient students to be served by the program (and in 
     comparison to their English proficient peers) in--

       ``(I) reading or language arts (in English and in the 
     native language, if applicable); and
       ``(II) mathematics;

       ``(iv) information related to reclassification including 
     applicants that--

       ``(I) demonstrate that they have a proven record of success 
     in helping children and youth with limited English 
     proficiency learn English and achieve to high academic 
     standards; or
       ``(II) propose programs that provide for the development of 
     bilingual proficiency both in English and their native 
     language for all participating students;

       ``(v) the previous schooling experiences of participating 
     students;
       ``(vi) the professional development needs of the 
     instructional personnel who will provide services for limited 
     English proficient students, including the need for certified 
     teachers; and
       ``(vii) how the grant would supplement the basic services 
     provided to limited English proficient students.'';
       (B) in subparagraph (B)--
       (i) by amending clause (ii) to read as follows:
       ``(ii) is coordinated with other programs under this Act, 
     and other Acts as appropriate, such as the Individuals with 
     Disabilities Education Act and the Carl D. Perkins Vocational 
     and Technical Education Act, in accordance with section 
     14306;'';
       (ii) by redesignating clauses (ii) through (v) as clauses 
     (iii) through (vi), respectively; and
       (iii) by inserting a new clause (ii) to read as follows:

[[Page 25989]]

       ``(ii) will supplement the basic services the applicant 
     provides to limited English proficient students;''; and
       (C) by amending subparagraph (E) to read as follows:
       ``(E) An assurance that the applicant will employ teachers 
     in the proposed program who individually, or in combination, 
     are proficient in--
       ``(i) English, including written, as well as oral, 
     communication skills; and
       ``(ii) the native language of the majority of students they 
     teach, if instruction in the program is also in the native 
     language.''
       ``(v) the previous schooling experiences of participating 
     students;
       ``(vi) the professional development needs of the 
     instructional personnel who will provide services for limited 
     English proficient students, including the need for certified 
     teachers; and
       ``(vii) how the grant would supplement the basic services 
     provided to limited English proficient students.''; and
       (4) in subsection (i)--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Limitation.--Grants for programs under this subpart 
     that do not use the students' native language shall not 
     exceed 25 percent of the funds provided for any type of grant 
     under that section, or of the total funds provided under this 
     subpart, for any fiscal year.''; and
       (B) in paragraph (3), by striking ``special alternative 
     instructional programs'' and inserting ``programs that do not 
     use the students' native language''.
       (b) Expanding Education Services.--Section 7116 is 
     amended--
       (A) by inserting (1) in the matter before ``Each 
     recipient''; and
       (B) inserting a new paragraph (2) to read as follows:
       ``(2) In order to increase its capacity to provide 
     educational services to limited English proficient students, 
     each grant recipient may intensify instruction for limited 
     English proficient students by--
       ``(A) expanding the educational calendar of the school in 
     which such student is enrolled to include programs before and 
     after school and during the summer months; and
       ``(B) providing intensified instruction through 
     supplementary instructional activities, including 
     educationally enriching extracurricular activities, during 
     times when school is not routinely in session.''.

     SEC. 310. EVALUATIONS UNDER SUBPART 1.

       Section 7123 is amended--
       (1) in subsection (a), by striking ``every 2 years'' and 
     inserting ``every year'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Evaluation Components.--
       (1) In preparing evaluation reports, the recipient shall--
       ``(A) use the data provided in the application as baseline 
     data against which to report academic achievement and gains 
     in English proficiency for students in the program;
       ``(B) report on the validity and reliability of all 
     instruments used to measure student progress; and
       ``(C) enable results to be disaggregated by relevant 
     factors, such as a student's grade, gender, and language 
     group, and whether the student has a disability.
       ``(2) Evaluations shall include--
       ``(A) data on the project's progress in achieving its 
     objectives;
       ``(B) data showing the extent to which all students served 
     by the program are achieving to the State's student 
     performance standards, including--
       ``(i) data comparing limited English proficient children 
     and youth with English proficient students with regard to 
     grade retention and academic achievement in reading and 
     language arts, in English and in the native language if the 
     project develops native language proficiency, and in math;
       ``(ii) gains in English proficiency, including speaking, 
     comprehension, reading, and writing, as developmentally 
     appropriate, and such gains in native language proficiency if 
     the project develops native language proficiency; and
       ``(iii) reclassification rates (including average duration 
     in a program) for limited English proficient students by 
     grade, and data on the academic achievement of redesignated 
     students for 2 years after redesignation;
       ``(C) program implementation indicators that provide 
     information related to program management and effectiveness, 
     including--
       ``(i) data on appropriateness of curriculum in relationship 
     to course requirements;
       ``(ii) appropriateness of program management;
       ``(iii) appropriateness of staff professional development;
       ``(iv) appropriateness of the language of instruction; and
       ``(v) appropriateness of the assessment and accountability 
     system;
       ``(D) a description of how the activities funded under the 
     grant are coordinated and integrated with the overall school 
     program and other Federal, State, or local programs serving 
     limited English proficient children and youth; and
       ``(E) such other information as the Secretary shall 
     require.''; and
       (3) by adding a new subsection (d) to read as follows:
       ``(d) Performance Measures.--The Secretary shall establish 
     performance indicators to determine if programs under 
     sections 7113 and 7114 are making continuous and substantial 
     gains, as defined in section 1111(b)(3), and may establish 
     performance indicators to determine if programs under section 
     7112 are making continuous and substantial progress, toward 
     assisting children and youth with limited English proficiency 
     to learn English and achieve to challenging State content and 
     performance standards.''.

     SEC. 311. RESEARCH.

       Section 7132 is amended--
       (1) in subsection (a), by--
       (A) inserting the paragraph designation ``(1)'' before 
     ``The Secretary shall''; and
       (B) inserting after paragraph (1) the following:
       ``(2) Such research may include--
       ``(A) collecting data needed for compliance with the 
     Government Performance and Results Act;
       ``(B) improving data collection procedures and the 
     infrastructure for data collection on limited English 
     proficient students, for purposes of improving instruction 
     and accountability;
       ``(C) developing research-based models for serving limited 
     English proficient students of diverse language backgrounds 
     and in diverse educational settings;
       ``(D) identifying technology-based approaches that show 
     effectiveness in helping limited English proficient students 
     reach challenging State standards; and
       ``(E) other research, demonstration, and data collection 
     activities consistent with the purpose of this title.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``and'' at the end;
       (B) by striking paragraphs (2) and (3); and
       (C) by redesignating paragraph (4) as paragraph (2);
       (3) in subsection (c)--
       (A) in paragraph (1), by--
       (i) striking ``(1) In general.--''; and
       (ii) by striking ``under subpart 1 or 2'' and inserting 
     ``under subpart 1, section 7124, or subpart 3''; and
       (B) striking paragraph (2); and
       (4) by inserting a new subsection (e) as follows:
       ``(e) Data Collection.--The Secretary shall provide for the 
     continuation of data collection on limited English proficient 
     students as part of the data systems operated by the 
     Department and shall publish on an annual basis a list of 
     grantees under this title for public dissemination.''.

     SEC. 312. STATE GRANT PROGRAM.

       Section 7134(c) is amended to read as follows:
       ``(c) Uses of Funds.--A State educational agency shall use 
     funds awarded under this section to--
       ``(1) assist local educational agencies in the State with 
     program design, capacity building, assessment of student 
     performance, program evaluation, and development of data 
     collection and accountability systems for limited English 
     proficient students that are aligned with State reform 
     efforts; and
       ``(2) collect data on limited English proficient 
     populations in the State and the educational programs and 
     services available to such populations.''.

     SEC. 313. NATIONAL CLEARINGHOUSE ON EDUCATION OF CHILDREN AND 
                   YOUTH WITH LIMITED ENGLISH PROFICIENCY.

       Section 7135 is amended to read as follows:

     ``SEC. 7135. NATIONAL CLEARINGHOUSE ON EDUCATION OF CHILDREN 
                   AND YOUTH WITH LIMITED ENGLISH PROFICIENCY.

       ``The Secretary shall establish and support the operation 
     of a National Clearinghouse on the Education of Children and 
     Youth with Limited English Proficiency, which shall collect, 
     analyze, synthesize, and disseminate information about 
     programs related to the education of children and youth with 
     limited English proficiency and coordinate its activities 
     with Federal data and information clearinghouses and 
     dissemination networks and systems.''.

     SEC. 314. INSTRUCTIONAL MATERIALS DEVELOPMENT.

       Section 7136 is amended to read as follows:

     ``SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.

       ``(a) Authority.--The Secretary may award grants for the 
     development, publication, and dissemination of high-quality 
     instructional materials--
       ``(1) in Native American and Native Hawaiian languages;
       ``(2) in the language of Native Pacific Islanders and other 
     natives of the outlying areas for whom instructional 
     materials are not readily available;
       ``(3) in other low-incidence languages in the United States 
     and for which instructional materials are not readily 
     available; and
       ``(4) on standards and assessments, and instructional 
     programs related to the education of children and youth with 
     limited English proficiency, for dissemination to parents of 
     such children and youth.
       ``(b) Priorities.--The Secretary shall give priority to 
     applications that provide for--
       ``(1) developing instructional materials in languages 
     indigenous to the United States or the outlying areas; and

[[Page 25990]]

       ``(2) developing and evaluating instructional materials, 
     including technology-based application, that reflect 
     challenging State and local content standards, in 
     collaboration with activities assisted under subpart 1 and 
     section 7124.''.

     SEC. 315. PURPOSE OF SUBPART 3.

       Section 7141 is amended to read as follows:

     ``SEC. 7141. PURPOSE.

       ``The purpose of this subpart is to assist in preparing 
     educators to improve educational services for children and 
     youth with limited English proficiency by supporting 
     professional development programs for such educators.''.

     SEC. 316. TRAINING FOR ALL TEACHERS PROGRAM.

       Section 7142 is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Purpose.--The purpose of this section is to assist 
     eligible applicants under subsection (b)(1) to develop and 
     provide ongoing professional development to teachers and 
     other educational personnel with a baccalaureate degree to 
     improve their provision of services to limited English 
     proficient students or to become certified as a bilingual or 
     English as a second language teacher.'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Authority.--The Secretary is authorized to award 
     grants under this section to local educational agencies or to 
     1 or more local educational agencies in consortium with 1 or 
     more State educational agencies, institutions of higher 
     education, or nonprofit organizations.''; and
       (B) in paragraph (2), by striking ``five'' and inserting 
     ``three''; and
       (3) by amending subsection (c) to read as follows:
       ``(c) Activities.--
       ``(1) Funds under this section shall be used to conduct 
     high-quality, long-term professional development activities.
       ``(2) Funds under this section may be used to--
       ``(A) design and implement induction programs for new 
     teachers, including mentoring and coaching by trained 
     teachers, team teaching with experienced teachers, time for 
     observation of, and consultation with, experienced teachers, 
     and additional time for course preparation;
       ``(B) implement school-based collaborative efforts among 
     teachers to improve instruction in reading and other core 
     academic areas for students with limited English proficiency, 
     including programs that facilitate teacher observation and 
     analyses of fellow teachers' classroom practice;
       ``(C) support long-term collaboration among teachers and 
     outside experts to improve instruction of limited English 
     proficient students;
       ``(D) coordinate project activities with other programs 
     such as those under the Head Start Act and titles I and II of 
     this Act;
       ``(E) implement programs that support effective teacher use 
     of education technologies to improve instruction and 
     assessment;
       ``(F) establish and maintain local professional networks;
       ``(G) develop curricular materials and assessments for 
     teachers that are aligned with State and local standards and 
     the needs of the limited English proficient students to be 
     served;
       ``(H) implement professional development focused on the 
     appropriate use of multiple assessments, the appropriate use 
     of assessment results and how to communicate such results to 
     parents;
       ``(I) develop education technology to enhance professional 
     development; and
       ``(J) such other activities as are consistent with the 
     purpose of this section.''.

     SEC. 317. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.

       Section 7143 is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Purpose.--The purpose of this section is to support 
     preservice professional development to improve the 
     preparation of prospective teachers who are preparing to 
     teach children and youth of limited English proficiency.'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Authority.--
       ``(1) The Secretary is authorized to make grants to 
     institutions of higher education for preservice professional 
     development in order to improve preparation for prospective 
     teachers who are preparing to teach children and youth of 
     limited English proficiency.
       ``(2) Each grant under this section shall be awarded for a 
     period of not more than 5 years.
       ``(3) A recipient of a grant under this section shall 
     coordinate its grant program activities with other programs 
     under this Act and other Acts as appropriate.''; and
       (3) by adding a new subsection (d) to read as follow:
       ``(d) Activities.--
       ``(1) Funds under this section shall be used to--
       ``(A) put in place a course of study that prepares teachers 
     to serve limited English proficient students;
       ``(B) integrate course content relating to meeting the 
     needs of limited English proficient students into all 
     programs for prospective teachers;
       ``(C) assign tenured faculty to train teachers to serve 
     limited English proficient students;
       ``(D) incorporate State content and performance standards 
     into the institution's coursework; and
       ``(E) expand clinical experiences for participants.
       ``(2) Funds under this section may be used to--
       ``(A) support partnerships with local educational agencies 
     that include placing participants in intensive internships in 
     local educational agencies that serve large numbers of 
     limited English proficient students;
       ``(B) restructure higher education course content, 
     including improving coursework and clinical experiences for 
     all prospective teachers regarding the needs of limited 
     English proficient students and preparation for teacher 
     certification tests;
       ``(C) assist other institutions of higher education to 
     improve the quality of professional development programs for 
     limited English proficient students;
       ``(D) expand recruitment of students who will be trained to 
     serve limited English proficient students;
       ``(E) improve the skills and knowledge of faculty related 
     to the needs of limited English proficient students;
       ``(F) coordinate project activities with activities under 
     title II of the Higher Education Act of 1965; and
       ``(G) use technology to enhance professional 
     development.''.

     SEC. 318. BILINGUAL EDUCATION CAREER LADDER PROGRAM.

       Section 7144 is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Purpose.--The purpose of this section is to assist 
     eligible consortia to develop and implement high-quality 
     bilingual education career ladder programs.'';
       (2) by amending subsection (b)(1) to read as follows:
       ``(b) In General.--
       ``(1)(A) The Secretary is authorized to award grants to 
     consortia of 1 or more institutions of higher education and 1 
     or more State educational agencies or local educational 
     agencies or community-based organizations to develop and 
     implement bilingual education career ladder programs.
       ``(B) For purposes of this section, a `bilingual education 
     career ladder program' means a program that--
       ``(i) is designed to provide high-quality, prebaccalaureate 
     coursework and teacher training to educational personnel who 
     do not have a baccalaureate degree; and
       ``(ii) leads to timely receipt of a baccalaureate degree 
     and certification or licensure of program participants as 
     bilingual education teachers or other educational personnel 
     who serve limited English proficient students.
       ``(C) Recipients of grants under this section shall--
       ``(i) coordinate with programs under title II of the Higher 
     Education Act of 1965, and other relevant programs, for the 
     recruitment and retention of bilingual students in 
     postsecondary programs to train them to become bilingual 
     educators; and
       ``(ii) make use of all existing sources of student 
     financial aid before using grant funds to pay tuition and 
     stipends for participating students.'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``consortium''; and
       (ii) at the end by inserting ``and'' after the semicolon;
       (B) in paragraph (2), by striking ``teachers; and'' and 
     inserting ``teachers.''; and
       (C) by striking paragraph (3); and
       (4) by amending subsection (d) to read as follows:
       ``(d) Special Consideration.--The Secretary shall give 
     special consideration to applications under this section that 
     provide training in English as a second language, including 
     developing proficiency in the instructional use of English 
     and, as appropriate, a second language in classroom 
     contexts.''.

     SEC. 319. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION 
                   PROGRAM.

       Section 7145(a) is amended--
       (1) in paragraph (1), by striking ``masters, doctoral, and 
     post-doctoral'' and inserting ``masters and doctoral'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).

     SEC. 320. APPLICATIONS FOR AWARDS UNDER SUBPART 3.

       Section 7146 is amended--
       (1) in subsection (a)(4), by inserting ``and applicants for 
     grants under section 7145'' after ``Bureau of Indian 
     Affairs''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``of such application copy'' and inserting 
     ``an application under sections 7132, 7133, or 7134''; and
       (ii) by inserting ``the written review of'' after ``and 
     transmit''; and
       (B) in paragraph (2), by striking ``this subpart'' and 
     inserting ``sections 7132, 7133, and 7134''.

     SEC. 321. EVALUATIONS UNDER SUBPART 3.

       Section 7149 is amended to read as follows:

[[Page 25991]]



     ``SEC. 7149. PROGRAM EVALUATIONS.

       ``Each recipient of funds under this subpart shall provide 
     the Secretary with an evaluation of its program every year. 
     Such evaluations shall include--
       ``(1) the number of participants served, the number of 
     participants who have completed program requirements, and the 
     number of participants who have taken positions in an 
     instructional setting with limited English proficient 
     students;
       ``(2) the effectiveness of the program in imparting the 
     professional skills necessary for participants to achieve the 
     objectives of the program; and
       ``(3) the teaching effectiveness of graduates or other 
     persons who have completed the training program.''.

     SEC. 322. MODEL PROGRAMS FOR PARENT INVOLVEMENT.

       (a) In General.--Part A of title VII is amended by 
     inserting after subpart 3 the following:

           ``Subpart 4--Model Programs for Parent Involvement

     ``SEC. 7161. PROGRAM AUTHORIZED.

       ``(a) Program Authority.--
       ``(1) In general.--The Secretary shall make grants, on a 
     competitive basis, to local educational agencies to develop 
     and implement model programs to--
       ``(A) assist parents of limited English proficient students 
     in making informed educational decisions for their children; 
     and
       ``(B) assist such parents in meeting their own educational 
     needs.
       ``(2) Eligible entities.--Entities eligible to apply for 
     grants under this subpart include consortia of--
       ``(A) at least 1 community-based organization;
       ``(B) at least 1 local educational agency; and
       ``(C) other consortia members such as, but not limited to, 
     institutions of higher education, local or state government 
     entities, or other entities with expertise in working with 
     limited English proficient adults.
       ``(3) Duration.--Each grant under paragraph (1) shall be 
     awarded for a period of 3 years.
       ``(b) Requirements.--
       ``(1) Grants for model programs to provide information to 
     parents.--In awarding grants under subparagraph (a)(1)(A), 
     the Secretary shall support programs that--
       ``(A) provide parents with necessary information that is 
     easily understandable in the language of the parent;
       ``(B) provide necessary parent training to assist parents 
     in understanding the choices they have for their children's 
     education; and
       ``(C) at a minimum, provide parents with the following 
     information--
       ``(i) curriculum and any options available to their 
     children regarding their program of study;
       ``(ii) full disclosure of the purpose of assessments, their 
     results, and the appropriate uses of assessment scores, as 
     described by the publishers of the test; and
       ``(iii) complete information about school policies and 
     disciplinary procedures.
       ``(2) Grants to assist parents of limited english 
     proficient students with their educational needs.--In 
     awarding grants under subparagraph (a)(1)(B), the Secretary 
     shall support programs that--
       ``(A) provide parents of limited English proficient 
     students educational services, such as English as a second 
     language classes, literacy programs, introduction to the 
     education system, and civics education; and
       ``(B) provide information on their children's educational 
     programs and their rights to participate in educational 
     decisions involving their children.

     ``SEC. 7162. APPLICATIONS.

       ``Any consortia wishing to apply for a grant under this 
     subpart shall submit an application to the Secretary at such 
     time, in such form, and containing such information and 
     assurances as the Secretary may require.

     ``SEC. 7163. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     fiscal year 2001, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years to carry out this subpart, 
     of which 50 percent shall be used for grants under section 
     7161(a)(1)(A), and 50 percent shall be available for grants 
     under section 7161(a)(1)(B).''.
       (b) Conforming Amendments.--Subpart 4 of title XII is 
     redesignated as subpart 5.

     SEC. 323. TRANSITION.

       Subpart 5 of part A of title VII (as redesignated by 
     section 222(b)) is amended to read as follows:

                        ``Subpart 5--Transition

     ``SEC. 7171. TRANSITION.

       ``Notwithstanding any other provision of law, a recipient 
     of a grant under subpart 1 of part A of this title that is in 
     its 3rd or 4th year of that grant on the day preceding the 
     date of the enactment of the Access to Excellence in 
     Education for the 21st Century Act shall be eligible to 
     receive continuation funding under the terms and conditions 
     of the original grant.''.

     SEC. 324. FINDINGS OF EMERGENCY IMMIGRANT EDUCATION PROGRAM.

       Section 7301(a) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by adding at the end the following new paragraph:
       ``(4) an increasing number of immigrant children are 
     entering United States' schools with interrupted or little 
     previous schooling; and''.

     SEC. 325. STATE ADMINISTRATIVE COSTS.

       Section 7302 is amended by inserting a comma and ``or 2 
     percent if the State educational agency distributes funds 
     received under this part to local educational agencies on a 
     competitive basis,'' after ``1.5 percent of the amount''.

     SEC. 326. DEFINITIONS.

       Section 7501 is amended by striking paragraph (15) and 
     inserting a new paragraph to read as follows:
       ``(15) Reclassification rate.--The term `reclassification 
     rate' means the annual percentage of limited English 
     proficient students who have met the State criteria for no 
     longer being considered limited English proficient.''.

     SEC. 327. REGULATIONS, PARENTAL NOTIFICATION, AND USE OF 
                   PARAPROFESSIONALS.

       Section 7502 is amended--
       (1) by amending the section heading to read as follows: 
     ``REGULATIONS, PARENTAL NOTIFICATION, AND USE OF 
     PARAPROFESSIONALS'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter before subparagraph (A), by striking 
     ``youth participating in'' and inserting ``youth who will 
     participate in''; and
       (ii) in subparagraph (C)--

       (I) in the matter before clause (i), by striking ``goals of 
     the bilingual education or special alternative instructional 
     program'' and inserting ``goals of the program related to the 
     education of children and youth with limited English 
     proficiency''; and
       (II) in clause (i), by striking ``results of the bilingual 
     educational program and of the instructional alternatives'' 
     and inserting ``results of the instructional programs related 
     to the education of children and youth with limited English 
     proficiency''; and

       (B) in paragraph (2)--
       (i) by amending the paragraph heading to read ``Option to 
     withdraw.--''; and
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) A recipient of funds under subpart 1 of part A shall 
     also provide a written notice to parents of children who will 
     participate in the programs under that subpart, in a form and 
     language understandable to the parents, that informs them 
     that they may withdraw their child from the program at any 
     time.''; and
       (3) by adding a new subsection (c) to read as follows:
       ``(c) Use of Paraprofessionals.--The provisions of section 
     1119(c) of this Act shall apply to all new staff hired to 
     provide academic instruction in programs supported under 
     subpart 1 of part A of this title on or after the date of the 
     enactment of the Access to Excellence in Education for the 
     21st Century Act, except that paraprofessionals possessing a 
     high school diploma may be used for the purposes of non-
     instructional communication, if there are no other qualified 
     personnel, as described in section 1119(c), who are able to 
     provide such communication.''.

     SEC. 328. TERMINOLOGY.

       (a) Part A.--Subparts 1 and 2 of part A of title VII are 
     amended by striking ``bilingual education or special 
     alternative instruction programs'' and ``bilingual education 
     or special alternative instructional programs'' each place 
     they appear and inserting ``instructional programs''.
       (b) Part E.--Section 7501(6) is amended by striking ``a 
     bilingual education and special alternative instructional 
     program'' and inserting ``an instructional program''.

     SEC. 329. REPEALS.

       (a) Repeals in Part A.--Sections 7112, 7117, 7120, and 7121 
     are repealed.
       (b) Repeal of Part B.--Part B of title VII is repealed.

     SEC. 330. REDESIGNATIONS AND CONFORMING AMENDMENTS.

       (a) Part Redesignations.--Parts C, D, and E of title VII 
     are redesignated as parts B, C, and D, respectively.
       (b) Section Redesignations.--Sections 7113, 7114, 7115, 
     7116, 7118, 7122, 7123, 7124, 7131, 7132, 7133, 7134, 7135, 
     7136, 7141, 7142, 7143, 7144, 7145, 7146, 7148, 7149, 7150, 
     7161, 7301, 7302, 7303, 7304, 7305, 7306, 7307, 7308, 7309, 
     7401, 7402, 7403, 7404, 7405, 7501, and 7502 are redesignated 
     as sections 7112, 7113, 7114, 7115, 7116, 7117, 7118, 7119, 
     7121, 7122, 7123, 7124, 7125, 7126, 7131, 7132, 7133, 7134, 
     7135, 7136, 7137, 7138, 7139, 7141, 7201, 7202, 7203, 7204, 
     7205, 7206, 7207, 7208, 7209, 7301, 7302, 7303, 7304, 7305, 
     7401, and 7402, respectively.
       (c) Conforming Amendments.--
       (1) Section 7111 is amended by striking ``7114, and 7115'' 
     and inserting ``and 7114''.
       (2) Section 7112(b)(1)(A), as redesignated by subsection 
     (b), is amended by striking ``section 7116'' and inserting 
     ``section 7115''.
       (3) Section 7113(b)(1)(A), as redesignated by subsection 
     (b), is amended by striking ``section 7116'' and inserting 
     ``section 7115''.
       (4) Section 7114(b)(1)(A), as redesignated by subsection 
     (b), is amended by striking ``section 7116'' and inserting 
     ``section 7115''.

[[Page 25992]]

       (5) Section 7115(g)(2), as redesignated by subsection (b), 
     is amended by striking ``section 7114 or 7115'' and inserting 
     ``section 7113 or 7114''.
       (6) Section 7135(a)(3), as redesignated by subsection (b), 
     is amended by striking ``section 7149'' and inserting 
     ``section 7138''.
       (7) Section 7202 as redesignated by subsection (b), is 
     amended by striking ``section 7304'' and inserting ``section 
     7204''.
       (8) Section 7204, as redesignated by subsection (b), is 
     amended--
       (A) in subsection (a), by striking ``section 7301(b)'' and 
     inserting ``section 7201(b)''; and
       (B) in subsection (e)(2), by striking ``section 7307'' and 
     inserting ``section 7207''.
       (9) Section 7205(a), as redesignated by subsection (b), is 
     amended--
       (A) in paragraph (2), by striking ``sections 7301 and 
     7307'' and inserting ``sections 7201 and 7207'';
       (B) in paragraph (4), by--
       (i) striking ``section 7304(e)'' and inserting ``sections 
     7204(e)''; and
       (ii) striking ``section 7304(b)(1)'' and inserting 
     ``section 7204(b)(1)''; and
       (C) in paragraph (8), by striking ``section 7304'' and 
     inserting ``section 7204''.
       (10) Section 7206, as redesignated by subsection (b), is 
     amended--
       (A) in subsection (a)--
       (i) by striking ``section 7305'' and inserting ``section 
     7205''; and
       (ii) by striking ``section 7305'' and inserting ``section 
     7205''; and
       (B) in subsection (b), by striking ``section 7305(a)(7)'' 
     and inserting ``section 7205(a)(7)''.
       (11) Section 7305(d)(2), as redesignated by subsection (b), 
     is amended by striking ``section 7134'' and inserting 
     ``section 7124''.

                                 H.R. 2

                        Offered By: Mr. Hinojosa

       Amendment No. 26: After section 134 of the bill, insert the 
     following:

     SEC. 135. NATIONAL PARENT ADVISORY COUNCIL.

       Part C of title I (20 U.S.C. 6391 et seq.) is amended by--
       (1) redesignating section 1309 as section 1310; and
       (2) inserting after section 1308 the following:

     ``SEC. 1309. NATIONAL PARENT ADVISORY COUNCIL.

       ``(a) In General--A National Parent Advisory Council 
     (hereafter in this section referred to as the ``Advisory 
     Council'') shall be established to advise the Secretary on 
     the implementation of programs under this part and 
     coordination with other programs serving migratory children 
     and families.
       ``(b) Membership.--The Advisory Council shall include a 
     minimum of 10 geographically representative parent members 
     and 5 others members appointed by the Secretary, in 
     consultation with State education agencies, State and local 
     parent advisory councils, local operating agencies, the 
     National Association for Migrant Education, the National 
     Association for State Directors of Migrant Education, and 
     other interested parties.
       ``(c) Compensation and Expenses.--
       ``(1) Members of the Advisory Council who are officers or 
     full time employees of the United States shall serve without 
     compensation in addition to that received for their services 
     as officers or employees of the United States; but they may 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for persons in the Government service employed 
     intermittently.
       ``(2) Members of the Advisory Council who are not officers 
     or full-time employees of the United States may each receive 
     reimbursement for travel expenses incident to attending 
     Advisory Council meetings, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for persons in the Government service employed 
     intermittently.''.

                                 H.R. 2

                        Offered By: Mr. Hinojosa

       Amendment No. 27: Strike section 134 of the bill and insert 
     the following:

     SEC. 134. ESTABLISHING THE VITAL INFORMATION CHANNEL.

       Section 1308(b) (20 U.S.C. 6398(b)) is amended to read as 
     follows:
       ``(b) Vital Information Channel.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Student Results Act of 1999, after 
     consultation with the States receiving funds under this part, 
     local operating agencies, the National Parent Advisory 
     Council, the Office of Migrant Health, the National 
     Association of State Boards of Education, the National 
     Association of Secondary School Principals, the National 
     Association for State Directors of Migrant Education, the 
     National Association for Migrant Education, and other parties 
     as deemed appropriate by the Secretary, the Secretary shall 
     publish a notice in the Federal Register seeking public 
     comment on a proposed set of vital information elements that 
     shall include the following:
       ``(A) The essential educational and health information on 
     migratory children which shall be maintained by each State in 
     order to make such information available when needed in any 
     other State.
       ``(B) The establishment of nationally accepted standards 
     for timeliness, accuracy, and authentication of such 
     information, including validation of full and partial credits 
     for high school courses.
       ``(2) List of minimum data elements.--Not later than 1 year 
     after the date of the enactment of the Student Results Act of 
     1999, the Secretary shall publish in the Federal Register the 
     list of minimum data elements that each State receiving funds 
     under this part shall be required to collect and maintain.
       ``(3) Development, implementation, and operation of 
     channel.--After publication of the list described in 
     paragraph (2), the Secretary shall enter into a contract for 
     the development, implementation, and operation of a vital 
     information channel. This channel shall be operational not 
     later than 2 years after the date of the enactment of the 
     Student Results Act of 1999 and shall provide electronic 
     access to, and consolidation of, the essential data on 
     migratory children.
       ``(4) Reservation.--For development of nationally accepted 
     standards under paragraph (1)(B), and the vital information 
     channel under paragraph (3), the Secretary is authorized to 
     reserve $1,000,000 from the amount made available to carry 
     out this part for each of fiscal years 2000 and 2001. For 
     operation of the vital information channel, the Secretary is 
     authorized to reserve from the amount made available to carry 
     out this part such sums as may be necessary for fiscal years 
     after 2001.
       ``(5) Additional reservation.--The Secretary may reserve 
     the amount of $2 per migratory child from the annual grant 
     award to any State under this part if the State uses the 
     vital information channel to maintain its data.
       ``(6) Electronic data interface.--Each State shall be 
     responsible for providing the electronic data interface, if 
     necessary, to link its student data base to the vital 
     information channel.''.

                                 H.R. 2

                        Offered By: Mr. Hoekstra

       Amendment No. 28: In section 1611(b) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 161 of the bill, before the period, insert the 
     following: ``so that more than 95 percent of the funds 
     allocated under this title are used to improve the academic 
     achievement of children in the classroom''.
       At the end of section 1002(h) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 103 of the bill strike the quotation marks and the 
     period at the end, and insert the following:
       ``(4) Dollars to the classroom.--States may uses funds 
     reserved under paragraph (1) to reduce and facilitate 
     paperwork reporting requirements, to improve electronic data 
     reporting, or to improve the accounting of funds to the 
     school level, to ensure that not more than 4 percent of the 
     amounts made available to local educational agencies under 
     this title are spent for administrative purposes.''.

                                 H.R. 2

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 29: At the end of part F of title I of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, insert the 
     following:

     ``SEC. 1612. STUDY AND REPORT BY SECRETARY ON IDENTIFICATION 
                   AND TREATMENT OF CHILDREN WITH DYSLEXIA IN 
                   KINDERGARTEN THROUGH 3D GRADE.

       ``(a) Study.--The Secretary, in consultation with the 
     National Academy of Sciences, shall conduct a study on 
     methods for identifying and treating children with dyslexia 
     in kindergarten through 3d grade. In carrying out the study, 
     the Secretary shall consider--
       ``(1) whether there is a biological basis for dyslexia;
       ``(2) whether dyslexia is caused by--
       ``(A) a brain-based phonological deficit that prevents an 
     individual from breaking down written words into component 
     sounds;
       ``(B) post-natal experience, including inadequate 
     instruction; or
       ``(C) a combination thereof; and
       ``(3) the cost of implementing a program on a nationwide 
     basis to identify and treat children with dyslexia in 
     kindergarten through 3d grade.
       ``(b) Report.--Not later than 120 days after the date of 
     the enactment of the Student Results Act of 1999, the 
     Secretary shall prepare and submit to the Congress a report 
     containing the results of the study conducted under 
     subsection (a).

                                 H.R. 2

                  Offered By: Mrs. Maloney of New York

       Amendment No. 30: Add at the end of the bill the following 
     new title:
                     TITLE IX--HOLOCAUST EDUCATION

     SEC. 901. HOLOCAUST EDUCATION.

       Title X of the Act is amended by adding at the end the 
     following:

                     ``PART L--HOLOCAUST EDUCATION

     ``SEC. 10994. SHORT TITLE.

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

     ``SEC. 10995. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress makes the following findings:
       ``(1) The Holocaust was an historical event that resulted 
     in the systemic, state-sponsored mass murders by Nazi Germany 
     of

[[Page 25993]]

     6,000,000 Jews, along with millions of others, in the name of 
     racial purity.
       ``(2) Six States (California, Florida, Illinois, 
     Massachusetts, New Jersey, and New York) now mandate that the 
     Holocaust be taught in the educational curriculum, and 10 
     States (Connecticut, Georgia, Indiana, North Carolina, Ohio, 
     Pennsylvania, South Carolina, Tennessee, Virginia, and 
     Washington) recommend teaching the Holocaust but do not 
     provide sufficient funds to assist in the training and 
     educating of teachers.
       ``(3) The Holocaust is a sensitive and difficult issue 
     about which to teach, and to do so effectively, educators 
     need appropriate teaching tools and training to increase 
     their knowledge to enhance the educational experience.
       ``(b) Purposes.--The purposes of this part are the 
     following:
       ``(1) To educate Americans so that they can--
       ``(A) explore the lessons that the Holocaust provides for 
     all people; and
       ``(B) be less susceptible to the falsehood of Holocaust 
     denial and to the destructive messages of hate that arise 
     from Holocaust denial.
       ``(2) To provide resources and support for education 
     programs that--
       ``(A) portray accurate historical information about the 
     Holocaust;
       ``(B) sensitize communities to the circumstances that gave 
     rise to the Holocaust;
       ``(C) convey the lessons that the Holocaust provides for 
     all people; and
       ``(D) by developing curriculum guides and providing 
     training, help teachers incorporate into their mainstream 
     disciplines the study of the Holocaust and its lessons.

     ``SEC. 10996. AUTHORITY TO MAKE GRANTS.

       ``From any amounts made available to carry out this part, 
     the Secretary may make grants under this part to educational 
     organizations to carry out proposed or existing Holocaust 
     education programs.

     ``SEC. 10997. USE OF GRANT AMOUNTS.

       ``(a) In General.--An educational organization receiving 
     grant amounts under this part shall use such grant amounts 
     only to carry out the Holocaust education program for which 
     the grant amounts were provided.
       ``(b) Requirements.--An educational organization receiving 
     grant amounts under this part shall comply with the following 
     requirements:
       ``(1) Continuation of eligibility.--The educational 
     organization shall, throughout the period that the 
     educational organization receives and uses such grant 
     amounts, continue to be an educational organization.
       ``(2) Supplementation of existing funds.--The educational 
     organization shall ensure that such grant amounts are used to 
     supplement, and not supplant, non-Federal funds that would 
     otherwise be available to the educational organization to 
     carry out the Holocaust education program for which the grant 
     amounts were provided.
       ``(c) Additional Conditions.--The Secretary may require 
     additional terms and conditions in connection with the use of 
     grant amounts provided under this part as the Secretary 
     considers appropriate.

     ``SEC. 10998. SELECTION CRITERIA.

       ``(a) In General.--The Secretary shall award grant amounts 
     under this part in accordance with competitive criteria to be 
     established by the Secretary.
       ``(b) Consultation With Holocaust Educators.--In 
     establishing the competitive criteria under subsection (a), 
     the Secretary shall consult with a variety of individuals, to 
     be determined by the Secretary, who are prominent educators 
     in the field of Holocaust education.

     ``SEC. 10999. APPLICATION.

       ``The Secretary may award grant amounts under this part 
     only to an educational organization that has submitted an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.

     ``SEC. 10999A. REVIEW AND SANCTIONS.

       ``(a) Annual Review.--The Secretary shall review at least 
     annually each educational organization receiving grant 
     amounts under this part to determine the extent to which the 
     educational organization has complied with the provisions of 
     this part.
       ``(b) Imposition of Sanctions.--The Secretary may impose 
     sanctions on an educational organization for any failure of 
     the educational organization to comply substantially with the 
     provisions of this part. The Secretary shall establish the 
     sanctions to be imposed for a failure to comply substantially 
     with the provisions of this part.

     ``SEC. 10999B. ANNUAL REPORT.

       ``Not later than February 1 of each year, the Secretary 
     shall submit to the Senate and House of Representatives a 
     report describing the activities carried out under this part 
     and containing any related information that the Secretary 
     considers appropriate.

     ``SEC. 10999C. CONTRACTING WITH OTHER ENTITIES.

       ``Nothing in this part shall preclude an educational 
     organization from contracting with other entities to assist 
     the educational organization with the Holocaust education 
     program.

     ``SEC. 10999D. DEFINITIONS.

       ``For purposes of this part, the following definitions 
     shall apply:
       ``(1) Educational organization.--The term `educational 
     organization' means a local educational agency as defined in 
     section 1401.
       ``(2) Holocaust education program.--The term `Holocaust 
     education program' means a program that--
       ``(A) has as its specific and primary purpose to improve 
     awareness and understanding of the Holocaust; and
       ``(B) to achieve such purpose, furnishes one or more of the 
     following:
       ``(i) classes, seminars, or conferences.
       ``(ii) educational materials.
       ``(iii) teacher training.
       ``(iv) any other good or service designed to improve 
     awareness and understanding of the Holocaust.
       ``(3) Holocaust.--The term `Holocaust' means the historical 
     event that resulted in the systemic, state-sponsored mass 
     murders by Nazi Germany of 6,000,000 Jews, along with 
     millions of others, in the name of racial purity.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Education.

     ``SEC. 10999E. REGULATIONS.

       ``The Secretary shall issue any regulations necessary to 
     carry out this part.

     ``SEC. 10999F. AUTHORIZATION OF APPROPRIATIONS.

       ``For grants under this part, there is authorized to be 
     appropriated to the Secretary $2,000,000 each fiscal year for 
     five fiscal years, beginning with the first fiscal year to 
     commence after the date of enactment of this Act, to remain 
     available until expended.''.

                                 H.R. 2

                        Offered By: Mr. McIntosh

       Amendment No. 31: At the end of part F of title I of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, insert the 
     following:

     ``SEC. 1612. IMPORTANCE OF STRONG READING INSTRUCTION.

       ``(a) Findings.--The Congress finds that--
       ``(1) the ability to read the English language with fluency 
     and comprehension is essential if individuals are to reach 
     their full potential;
       ``(2) it is a foundational and indisputable fact that 
     written English is based on the alphabetic principle, and is, 
     in fact, a phonetic language;
       ``(3) more than 50 years of cognitive science, 
     neuroscience, and applied linguistics have confirmed that 
     learning to read is a skill that must be taught in a direct, 
     systematic way;
       ``(4) phonics instruction is the teaching of a body of 
     knowledge consisting of 26 letters of the alphabet, the 44 
     English speech sounds they represent, and the 70 most common 
     spellings for those speech sounds;
       ``(5) most public schools, teachers colleges, and 
     universities do not provide direct, systematic phonics 
     instruction;
       ``(6) the 1998 National Assessment for Educational Progress 
     (NAEP) has found that 69 percent of 4th grade students are 
     reading below the proficient level;
       ``(7) more than half of the students being placed in 
     special education programs have not been taught to read;
       ``(8) the cost of special education, at the Federal, State, 
     and local levels exceeds $60,000,000,000 each year;
       ``(9) the 1998 NAEP also found that 85 percent of minority 
     4th grade students, most of whom are in title I programs, are 
     reading below the proficient level;
       ``(10) Congress has spent more than $120,000,000,000 over 
     the past 30 years in title I alone with the primary purpose 
     of improving reading skills;
       ``(11) the National Institute of Child Health and Human 
     Development (NICHD) has conducted more than 35 years of 
     extensive scientific research in reading at a cost of more 
     than $200,000,000;
       ``(12) the NICHD findings on reading instruction conclude 
     that phonemic awareness, direct, systematic instruction in 
     sound-spelling correspondences, blending of sound spellings 
     into words, and comprehension are essential components of any 
     reading program based on scientific research; and
       ``(13) reading instruction in most schools is still based 
     on the whole language philosophy, often to the detriment of 
     the students.
       ``(b) Sense of Congress.--It is the sense of Congress that 
     direct systematic phonics instruction should be used in all 
     elementary and secondary schools as a first, and essential 
     step in teaching a student to read.

                                 H.R. 2

                      Offered By: Mrs. Napolitano

       Amendment No. 32: In section 1001(a) of the Elementary and 
     Secondary Education Act of 1965, as amended by section 102 of 
     the bill, add at the end the following:
       ``(7) The requirements of a global, high-technology-
     oriented economy demand that more emphasis be placed on math 
     and science fundamentals that equip students in kindergarten 
     through grade 12 to meet these challenges and to be better 
     prepared for postsecondary education and the demands of the 
     21st century job market.
       ``(8) Recent statistics indicate that only 3.5 percent of 
     Hispanics hold high technology jobs compared to 7.7 percent 
     of non-Hispanic whites. This disparity has grave consequences 
     for Hispanics since future job

[[Page 25994]]

     growth will continue to be generated in the high-wage, high 
     technology sector. This disparity also points to the need for 
     enhanced educational efforts to ensure that all students, 
     particularly minorities and the disadvantaged, are exposed to 
     technology careers and skills.

                                 H.R. 2

                      Offered By: Mrs. Napolitano

       Amendment No. 33: In section 1119A(b)(2) of the Elementary 
     and Secondary Education Act of 1965, as added by section 116 
     of the bill--
       (1) in subparagraph (G), strike ``and'' at the end;
       (2) in subparagraph (H), strike the period at the end and 
     insert ``; and''; and
       (3) add at the end the following:
       ``(I) instruction that provides teachers, principals, and 
     guidance counselors with innovative, culturally appropriate, 
     and linguistically appropriate strategies for--
       ``(i) working with student populations, including minority 
     students and disadvantaged students, who are underrepresented 
     in careers in mathematics, science, engineering, and 
     technology;
       ``(ii) fostering and maintaining student interest in such 
     careers and in mathematics and science education; and
       ``(iii) developing better communication with parents in 
     order that parents may be an integral part of the strategies 
     described in clauses (i) and (ii).

                                 H.R. 2

                         Offered By: Ms. Norton

       Amendment No. 34: Add at the end of the bill the following 
     new title:

  TITLE IX--UNIVERSAL KINDERGARTEN AND PRE-KINDERGARTEN INCENTIVE ACT

     SEC. 901. USE OF COMMUNITY LEARNING CENTER FUNDS FOR 
                   KINDERGARTEN OR PRE-KINDERGARTEN PROGRAMS.

       Section 10905 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8245) is amended--
       (1) by striking ``Grants awarded'' and inserting the 
     following: ``(a) In General.--Grants awarded'';
       (2) by inserting after ``may be used'' the following: ``to 
     plan, implement, or expand kindergarten or pre-kindergarten 
     programs described in subsection (b) or''; and
       (3) by adding at the end the following new subsection:
       ``(b) Kindergarten and Pre-Kindergarten Programs.--A 
     kindergarten or pre-kindergarten program described in this 
     subsection is a program of a community learning center that 
     provides kindergarten and/or pre-kindergarten curriculum and 
     classes for students not yet qualified for the first grade 
     and is taught by teachers who possess equivalent or similar 
     qualifications to teachers of other grades in the school 
     involved.''
       Section 10904 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8244) is amended--
       (1) by inserting under subsection (a) such section at the 
     end:
       ``(4) an affirmative statement by the LEA or SEA that upon 
     the expiration of a grant awarded under section 10905(b) of 
     this part (20 U.S.C. 8245(b)), the community learning center 
     will continue to be funded and operate such a program, unless 
     experience demonstrates that such a program is not 
     feasible.''

     SEC. 902. OTHER FEDERAL FUNDS.

       Title X, Part I of the Elementary and Secondary Education 
     Act is amended--
       (1) by inserting ``Sec. 10908 Other Federal Funds.
       (a) Nothing contained in this part may be construed to 
     cause the diminution of other federal funds available.
       (b) Funds received under Section 10905(b) may be used in 
     conjunction with other federal funds awarded.''

                                 H.R. 2

                         Offered By: Mr. Owens

       Amendment No. 35: In section 103(a) of the bill, in the 
     matter proposed to be inserted in section 1002(a) of the 
     Elementary and Secondary Education Act of 1965, strike 
     ``8,350,000,000'' and insert ``11,135,000,000''.
       After section 125 of the bill, insert the following:

     SEC. 126. EMERGENCY FUNDS.

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

     ``SEC. 1128. EMERGENCY FUNDS.

       ``Notwithstanding any other provision under this part, the 
     Secretary shall allocate not less than 25 percent of the 
     amount of funds authorized under section 1002(a) in the same 
     manner as funds are allocated to local educational agencies 
     under 1125 to eliminate health and safety hazards and 
     increase wiring capabilities in schools for security and 
     technology purposes.''.

                                 H.R. 2

                         Offered By: Mr. Owens

       Amendment No. 36: In section 103(a) of the bill, in the 
     matter proposed to be inserted in section 1002(a) of the 
     Elementary and Secondary Education Act of 1965, strike 
     ``8,350,000,000'' and insert ``9,278,000,000''.
       After section 125 of the bill, insert the following:

     SEC. 126. EMERGENCY FUNDS.

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

     ``SEC. 1128. EMERGENCY FUNDS.

       ``(a) In General.--Notwithstanding any other provision 
     under this part, the Secretary shall allocate not less than 
     10 percent of the amount of funds authorized under section 
     1002(a) in the same manner as funds are allocated to local 
     educational agencies under 1125 for grants to local 
     educational agencies for comprehensive staff training 
     programs for personnel responsible for educational technology 
     programs.
       ``(b) Plan.--A local educational agency that desires to 
     receive a grant under this section shall submit to the 
     Secretary a comprehensive plan for implementation of the 
     programs described in subsection (a). The plan shall include 
     provisions for initiatives to coordinate the efforts of the 
     public and private sectors to train personnel responsible for 
     educational technology programs.''.

                                 H.R. 2

                         Offered By: Mr. Owens

       Amendment No. 37: In section 103(a) of the bill, in the 
     matter proposed to be inserted in section 1002(a) of the 
     Elementary and Secondary Education Act of 1965, strike 
     ``8,350,000,000'' and insert ``9,825,500,000''.
       After section 125 of the bill, insert the following:

     SEC. 126. EMERGENCY FUNDS.

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

     ``SEC. 1128. EMERGENCY FUNDS.

       ``(a) In General.--Notwithstanding any other provision 
     under this part, the Secretary shall allocate not less than 
     15 percent of the amount of funds authorized under section 
     1002(a) in the same manner as funds are allocated to local 
     educational agencies under 1125 for grants to local 
     educational agencies to provide incentive scholarships to 
     paraprofessionals employed by the agency who are described in 
     subsection (b).
       ``(b) Paraprofessionals Described.--A paraprofessional 
     described in this subsection is a paraprofessional who--
       ``(1) is working in a program supported with funds under 
     this title; and
       ``(2) has been accepted for enrollment by, or is enrolled 
     in, a course of study at an institution of higher education 
     that will lead to an associate's or bachelor's degree.''.

                                 H.R. 2

                         Offered By: Mr. Payne

       Amendment No. 38: Strike title VIII of the bill.

                                 H.R. 2

                         Offered By: Mr. Payne

       Amendment No. 39: In heading for title VI of the bill, 
     after ``RURAL'' insert ``AND URBAN''.
       In the heading for section 601 of the bill, after ``RURAL'' 
     insert ``AND URBAN''.
       In the heading for part J of title X of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 601 of the bill, after ``RURAL'' insert ``AND 
     URBAN''.
       In section 10951 of the Elementary and Secondary Education 
     Act of 1965, as proposed to be amended by section 601 of the 
     bill, after ``Rural'' insert ``and Urban''.
       At the end of section 601 of the bill, insert the 
     following:

               ``Subpart 4--Urban Education Initiative''.

     ``SEC. 10985A. SHORT TITLE.

       ``This subpart may be cited as the `Eliminating Educational 
     Disparities and Promoting Learning for Urban Students Act of 
     1999'.

     ``SEC. 10985B. FINDINGS.

       ``The Congress finds that--
       ``(1) the ability of the Nation's major urban public school 
     systems to meet the Nation's educational goals will 
     substantially determine the country's economic 
     competitiveness and academic standing in the world community;
       ``(2) the quality of public education in the Nation's major 
     urban areas has a direct effect on the economic development 
     of the Nation's cities;
       ``(3) the success of urban public schools in accelerating 
     the achievement of its youth attending such schools will 
     determine the ability of the Nation to close the gap between 
     the `haves and the have-nots' in society;
       ``(4) the cost to America's businesses to provide remedial 
     education to high school graduates is approximately 
     $21,000,000,000 per year;
       ``(5) approximately one-third of the Nation's workforce 
     will be members of minority groups by the year 2000;
       ``(6) urban schools enroll a disproportionately large share 
     of the Nation's poor and `at-risk' youth;
       ``(7) urban schools enroll over one-third of the Nation's 
     poor, 40 percent of the Nation's African American children, 
     and 30 percent of the Nation's Hispanic youth;
       ``(8) nearly 40 percent of the Nation's limited-English-
     proficient children and 15 percent of the Nation's disabled 
     youth are enrolled in urban public schools;
       ``(9) the National Assessment of Educational Progress shows 
     substantial achievement gaps between urban and nonurban 
     students, whether enrolled in schools located in high or low 
     poverty areas;
       ``(10) urban school children have begun to narrow the 
     achievement gap in reading according to the recent Reading 
     Report Card

[[Page 25995]]

     issued by the National Assessment of Educational Progress;
       ``(11) the National Assessment of Educational Progress 
     reports show substantial achievement gaps between white 
     students and African-American and Hispanic students;
       ``(12) African-American and Hispanic school children have 
     begun to narrow the achievement gap in reading according to 
     the recent Reading Report Card issued by National Assessment 
     of Educational Progress;
       ``(13) the dropout rate for urban students is more than 50 
     percent higher than the national dropout rate;
       ``(14) urban preschoolers have one-half the access to early 
     childhood development programs as do other children;
       ``(15) teacher shortages and teacher turnover in urban 
     public school systems are substantially greater than in 
     nonurban school systems, particularly in mathematics and 
     science;
       ``(16) urban public school systems have less parental 
     involvement, and greater problems with health care, teenage 
     pregnancy, truancy and discipline, drug abuse, and gangs than 
     do other kinds of school systems;
       ``(17) urban school buildings are in more serious disrepair 
     according to the General Accounting Office than facilities in 
     other kinds of school systems with 75 percent of urban public 
     school buildings over 25 years old, 33 percent of such 
     buildings over 50 years old, which create poor and 
     demoralizing working and learning conditions;
       ``(18) solving the challenges facing our Nation's urban 
     schools will require the concerted and collaborative efforts 
     of all levels of government and all sectors of the community;
       ``(19) Federal and State funding of urban public schools 
     has not adequately reflected need; and
       ``(20) Federal funding that is well-targeted, flexible, and 
     accountable will contribute significantly to addressing the 
     comprehensive needs of inner-city public schools and school 
     children.

     ``SEC. 10985C. PURPOSE.

       ``It is the purpose of this subpart to provide financial 
     assistance to develop, demonstrate, and disseminate 
     educational policies, strategies, and practices in central 
     city schools with high concentrations of students from racial 
     and language minority groups that will significantly improve 
     the academic achievement of an entire school, and narrow or 
     overcome educational disparities between groups of minority 
     and nonminority students, and between urban and nonurban 
     public school students.

     ``SEC. 10985D. URBAN SCHOOL GRANTS.

       ``(a) Program Authorized.--The Secretary is authorized to 
     make grants to eligible local educational agencies serving an 
     urban area or State educational agencies in the case where 
     the State educational agency is the local educational agency 
     for activities designed to assist schools with high 
     concentrations of students from racial and language minority 
     groups improve schoolwide academic achievement with 
     particular attention to narrowing or overcoming disparities 
     in achievement scores and school completion (1) between 
     minority and nonminority group students; and (2) between 
     urban and nonurban public school students.
       ``(b) Authorized Activities.--(1) Funds under this section 
     may be used for activities designed--
       ``(A) to increase the academic achievement of urban public 
     school children and narrow or overcome the achievement gap 
     between urban and nonurban students;
       ``(B) to increase the academic achievement of students who 
     are members of racial and language minority groups and narrow 
     or overcome the achievement gap between minority and 
     nonminority group students
       ``(C) to increase the graduation rates of urban public 
     school students and reduce the dropout rates of urban 
     students, particularly students who are members of minority 
     groups;
       ``(D) to recruit and retain qualified teachers;
       ``(E) to facilitate effective parental and community 
     involvement;
       ``(F) to provide for ongoing staff development to increase 
     the professional capacities of the school leadership, 
     instructional staff and other support services personnel;
       ``(G) to plan, develop, operate, or expand programs and 
     activities that are designed to assist urban public schools 
     in meeting the National Education Goals; and
       ``(H) to document, evaluate, and disseminate the results of 
     such activities as required under section 10985G.
       ``(2) Activities conducted under paragraph (1) shall 
     demonstrate policies, strategies, and practices that hold the 
     promise of effectively addressing the educational disparities 
     identified in subparagraphs (A), (B), and (C) of paragraph 
     (1), such as--
       ``(A) enrollment in rigorous courses and early completion 
     of gatekeeper courses;
       ``(B) delivery of instruction by experienced and effective 
     teachers;
       ``(C) reduced class size;
       ``(D) increased emphasis on reading in the early grades;
       ``(E) data-driven instructional design and early 
     identification and intervention with at-risk students;
       ``(F) extended learning time, including extended school 
     day, extended school year, Saturday school, and summer 
     school;
       ``(G) establishing annual achievement goals tied to 
     rigorous content and performance standards;
       ``(H) school-based improvement planning and accountability, 
     and the provision of extended professional development, and 
     ongoing technical assistance and support; and
       ``(I) increased parental involvement and community 
     involvement including mentoring programs,
       ``(3) Authorized activities shall be carried out in a 
     school or schools of a feeder system with high concentrations 
     of students from racial and language minority groups within 
     the eligible agency.
       ``(c) Applications.--
       ``(1) In general.--An urban eligible local educational 
     agency desiring to receive a grant under this section shall 
     submit an application to the Secretary containing a plan 
     describing activities under subsection (b) at such time, in 
     such manner, and accompanied by such information as the 
     Secretary may reasonably require to determine that the 
     application is of sufficient size, scope, and quality to meet 
     the purposes this subpart.
       ``(2) Duration.--An application submitted pursuant to 
     paragraph (1) may be for a period of not more than five 
     years.
       ``(d) Payments.--The Secretary shall make an award only to 
     urban eligible local educational agencies that--
       ``(1) comply with the provisions of section 10985G; and
       ``(2) demonstrate to the satisfaction of the Secretary that 
     the data submitted pursuant to section 10985G shows progress 
     toward meeting National Education Goals and the purposes of 
     this subpart.
       ``(e) Administrative Costs.--Not more than five percent of 
     any award made under this subpart may be used for 
     administrative costs.
       ``(f) Federal Funds To Supplement Not Supplant Non-Federal 
     Funds.--An eligible local educational agency may use funds 
     received under this subpart only to supplement and, to the 
     extent practicable, increase the level of funds that would, 
     in the absence of such Federal funds, be made available from 
     non-Federal sources for the education of students 
     participating in activities assisted under this subpart, and 
     in no such case may such funds be used to supplant funds from 
     non-Federal sources.

     ``SEC. 10985E. ALLOCATIONS.

       ``In making awards from amounts appropriated under this 
     subpart, the Secretary shall allocate amounts directly to 
     each urban eligible local educational agency on the basis of 
     the relative number of children counted under section 1124(c) 
     of this Act in such agencies as determined by the Secretary 
     using the most recent satisfactory data.

     ``SEC. 10985F. COORDINATION.

       ``Each local educational agency receiving assistance under 
     this subpart shall carry out activities, to the extent 
     feasible and appropriate, in coordination with other programs 
     funded this Act. Such agency may request directly from the 
     Secretary under the appropriate provisions of section 14401 
     the waiver of requirements in such programs that would 
     inhibit such coordination and the effective implementation of 
     the activities required under this subpart.

     ``SEC. 10985G. EVALUATION AND DISSEMINATION.

       ``(a) In General.--Each local educational agency receiving 
     assistance under this subpart shall select an independent 
     evaluator to assist the agency in designing and implementing 
     an evaluation plan that documents and analyzes the 
     effectiveness of the demonstrated activities.
       ``(b) Limitation.--A local educational agency shall expend 
     no more than two percent of funds awarded by the Secretary 
     for activities under section 10985D(b)(1)(H).
       ``(c) Project Modifications.--A local educational agency 
     shall modify, not less than every two years, activities 
     supported under this subpart based on the results of 
     information gathered under subsection (a), and discontinue 
     practices that do not promise to produce significant results; 
     and
       ``(d) Dissemination Activities.--Each local educational 
     agency receiving assistance under this subpart shall design 
     and implement appropriate dissemination activities to 
     distribute information on effective policies, strategies and 
     practices that have been demonstrated by the project.

     ``SEC. 10985H. DEFINITIONS.

       ``Except as otherwise provided, for the purposes of this 
     subpart:
       ``(1) Central city.--The term `central city' has the same 
     meaning used by the Bureau of the Census.
       ``(2) Metropolitan statistical area.--The term 
     `metropolitan statistical area' has the same meaning used by 
     the Bureau of the Census.
       ``(3) Poverty level.--The term `poverty level' means the 
     criteria of poverty used by the Bureau of the Census in 
     compiling the most recent decennial census.
       ``(4) Urban eligible local educational agency.--The term 
     `urban eligible local educational agency' means a local 
     educational agency that--
       ``(A) serves the largest central city in a State;
       ``(B) enrolls more than 30,000 students and serves a 
     central city with a population of at

[[Page 25996]]

     least 200,000 in a metropolitan statistical area; or
       ``(C) enrolls between 25,000 and 30,000 students and serves 
     a central city with a population of at least 140,000 in a 
     metropolitan statistical area.

     ``SEC. 10985I. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $250,000,000 for 
     fiscal year 2000, and such sums as may be necessary for each 
     of the four succeeding fiscal years for the purpose of 
     carrying out this subpart.''.

                                 H.R. 2

                         Offered By: Mr. Petri

       Amendment No. 40: In section 1111(b)(1)(C) of the 
     Elementary and Secondary Education Act of 1965, as amended by 
     section 105 of the bill, strike ``mathematics and reading or 
     language arts,'' and insert ``mathematics, reading or 
     language arts, and science,''.
       In section 1111(b)(4) of the Elementary and Secondary 
     Education Act of 1965, as amended by section 105 of the bill, 
     strike ``mathematics and reading or language arts,'' and 
     insert ``mathematics, reading or language arts, and 
     science,''.
       In section 1111(h)(2)(A)(i) of the Elementary and Secondary 
     Education Act of 1965, as amended by section 105 of the bill, 
     strike ``reading or language arts and mathematics,'' and 
     insert ``mathematics, reading or language arts, and 
     science,''.
       At the end of section 105 of the bill--
       (1) strike the quotation marks and the final period; and
       (2) insert the following:
       ``(i) Special Rule on Science Standards and Assessments.--
     Notwithstanding subsections (b) and (h), no State shall be 
     required to meet the requirements under this title relating 
     to science standards or assessments until the beginning of 
     the 2005-2006 school year.''.

                                 H.R. 2

                         Offered By: Mr. Petri

       Amendment No. 41: After section 1128 of the Elementary and 
     Secondary Education Act of 1965, as proposed to be added by 
     section 126 of the bill, insert the following:

     SEC. 127. ESTABLISHMENT OF PILOT CHILD CENTERED PROGRAMS.

       Part A of title I is amended by adding at the end the 
     following:

               ``Subpart 3--Pilot Child Centered Program

     ``SEC. 1131. DEFINITIONS.

       ``In this subpart:
       ``(1) Eligible child.--The term `eligible child' means a 
     child who--
       ``(A) is an eligible child under this part; and
       ``(B) the State or participating local educational agency 
     elects to serve under this subpart.
       ``(2) Participating local educational agency.--The term 
     `participating local educational agency' means a local 
     educational agency that elects under section 1132 to carry 
     out a child centered program under this subpart.
       ``(3) School.--The term `school' means an institutional day 
     or residential school that provides elementary or secondary 
     education, as determined under State law, except that such 
     term does not include any school that provides education 
     beyond grade 12.
       ``(4) Education services.--The term `education services' 
     means services intended--
       ``(A) to meet the individual educational needs of eligible 
     children; and
       ``(B) to enable eligible children to meet challenging State 
     curriculum, content, and student performance standards.
       ``(5) Tutorial assistance providers.--The term `tutorial 
     assistance provider' means a public or private entity that--
       ``(A) has a record of effectiveness in providing tutorial 
     assistance to school children; or
       ``(B) uses instructional practices based on scientific 
     research.

     ``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

       ``(a) Funding.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall grant to the first 10 States that 
     meet the requirements of paragraph (2) the authority to use 
     funds made available under subparts 1 and 2, to carry out a 
     child centered program under this subpart on a Statewide 
     basis or to allow local educational agencies in such State to 
     elect to carry out such a program on a districtwide basis.
       ``(2) Requirements.--To be eligible to participate in a 
     program under this subpart, a State shall provide to the 
     Secretary a request to carry out a child centered program and 
     certification of approval for such participation from the 
     State legislature and Governor.
       ``(b) Participating Local Educational Agency Election.--If 
     a State does not carry out a child centered program under 
     this subpart, but allows local educational agencies in the 
     State to carry out child centered programs under this 
     subpart, the Secretary shall provide the funds that a 
     participating local educational agency is eligible to receive 
     under subparts 1 and 2 directly to the local educational 
     agency to enable the local educational agency to carry out 
     the child centered program.

     ``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

       ``(a) Uses.--Under a child centered program--
       ``(1) the State or participating local educational agency 
     shall establish a per pupil amount based on the number of 
     eligible children in the State or the school district served 
     by the participating local educational agency; and
       ``(2) the State or participating local educational agency 
     may vary the per pupil amount to take into account factors 
     that may include--
       ``(A) variations in the cost of providing education 
     services in different parts of the State or the school 
     district served by the participating local educational 
     agency;
       ``(B) the cost of providing services to pupils with 
     different educational needs; or
       ``(C) the desirability of placing priority on selected 
     grades; and
       ``(3) the State or the participating local educational 
     agency shall make available a certificate for the per pupil 
     amount determined under paragraphs (1) and (2) to the parent 
     or legal guardian of each eligible child, which certificate 
     shall be used for education services for the eligible child 
     that are--
       ``(A) subject to subparagraph (B), provided by the child's 
     school, directly or through a contract for the provision of 
     supplemental education services with any governmental or 
     nongovernmental agency, school, postsecondary educational 
     institution, or other entity, including a private 
     organization or business; or
       ``(B) if requested by the parent or legal guardian of an 
     eligible child, purchased from a tutorial assistance 
     provider, or another public or private school, selected by 
     the parent or guardian.

     ``SEC. 1134. ADMINISTRATIVE PROVISIONS.

       ``The per pupil amount provided under this subpart for an 
     eligible child shall not be treated as income of the eligible 
     child or the parent of the eligible child for purposes of 
     Federal tax laws, or for determining the eligibility for or 
     amount of any other Federal assistance.

     ``SEC. 1135. LIMITATION ON CONDITIONS; PREEMPTION.

       Nothing in this subpart shall be construed to preempt any 
     provision of a State constitution or State statute that 
     pertains to the expenditure of State funds in or by religious 
     institutions.''.

                                 H.R. 2

                         Offered By: Mr. Petri

       Amendment No. 42: After section 1128 of the Elementary and 
     Secondary Education Act of 1965, as proposed to be added by 
     section 126 of the bill, insert the following:

     SEC. 127. ESTABLISHMENT OF PILOT CHILD CENTERED PROGRAMS.

       Part of title I is amended by adding at the end the 
     following:

               ``Subpart 3--Pilot Child Centered Program

     ``SEC. 1131. DEFINITIONS.

       ``In this subpart:
       ``(1) Eligible child.--The term `eligible child' means a 
     child who--
       ``(A) is an eligible child under this part; and
       ``(B) the State or participating local educational agency 
     elects to serve under this subpart.
       ``(2) Participating local educational agency.--The term 
     `participating local educational agency' means a local 
     educational agency that elects under section 1132 to carry 
     out a child centered program under this subpart.
       ``(3) School.--The term `school' means an institutional day 
     or residential school that provides elementary or secondary 
     education, as determined under State law, except that such 
     term does not include any school that provides education 
     beyond grade 12.
       ``(4) Education services.--The term `education services' 
     means services intended--
       ``(A) to meet the individual educational needs of eligible 
     children; and
       ``(B) to enable eligible children to meet challenging State 
     curriculum, content, and student performance standards.
       ``(5) Tutorial assistance providers.--The term `tutorial 
     assistance provider' means a public or private entity that--
       ``(A) has a record of effectiveness in providing tutorial 
     assistance to school children; or
       ``(B) uses instructional practices based on scientific 
     research.

     ``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

       ``(a) Funding.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall grant to the first 10 States that 
     meet the requirements of paragraph (2) the authority to use 
     funds made available under subparts 1 and 2, to carry out a 
     child centered program under this subpart on a Statewide 
     basis or to allow local educational agencies in such State to 
     elect to carry out such a program on a districtwide basis.
       ``(2) Requirements.--To be eligible to participate in a 
     program under this subpart, a State shall provide to the 
     Secretary a request to carry out a child centered program and 
     certification of approval for such participation from the 
     State legislature and Governor.
       ``(b) Participating Local Educational Agency Election.--If 
     a State does not carry

[[Page 25997]]

     out a child centered program under this subpart, but allows 
     local educational agencies in the State to carry out child 
     centered programs under this subpart, the Secretary shall 
     provide the funds that a participating local educational 
     agency is eligible to receive under subparts 1 and 2 directly 
     to the local educational agency to enable the local 
     educational agency to carry out the child centered program.

     ``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

       ``(a) Uses.--Under a child centered program--
       ``(1) the State or participating local educational agency 
     shall establish a per pupil amount based on the number of 
     eligible children in the State or the school district served 
     by the participating local educational agency; and
       ``(2) the State or participating local educational agency 
     may vary the per pupil amount to take into account factors 
     that may include--
       ``(A) variations in the cost of providing education 
     services in different parts of the State or the school 
     district served by the participating local educational 
     agency;
       ``(B) the cost of providing services to pupils with 
     different educational needs; or
       ``(C) the desirability of placing priority on selected 
     grades; and
       ``(3) the State or the participating local educational 
     agency shall make available a certificate for the per pupil 
     amount determined under paragraphs (1) and (2) to the parent 
     or legal guardian of each eligible child, which certificate 
     shall be used for education services for the eligible child 
     that are--
       ``(A) subject to subparagraph (B), provided by the child's 
     school, directly or through a contract for the provision of 
     supplemental education services with any governmental or 
     nongovernmental agency, school, postsecondary educational 
     institution, or other entity, including a private 
     organization or business; or
       ``(B) if requested by the parent or legal guardian of an 
     eligible child, purchased from a tutorial assistance 
     provider, or another public or private school, selected by 
     the parent or guardian.

     ``SEC. 1134. LIMITATION ON CONDITIONS; PREEMPTION.

       Nothing in this subpart shall be construed to preempt any 
     provision of a State constitution or State statute that 
     pertains to the expenditure of State funds in or by religious 
     institutions.''.

                                 H.R. 2

                         Offered By: Mr. Roemer

       Amendment No. 43: In section 1002(a) of the Elementary and 
     Secondary Education Act of 1965, as proposed to be amended by 
     section 103 of the bill, strike ``$8,350,000,000'' and insert 
     ``$9,850,000,000''.

                                 H.R. 2

                         Offered By: Mr. Roemer

       Amendment No. 44: In section 1119(g)(1) of the Elementary 
     and Secondary Education Act of 1965, as proposed to be 
     amended by section 115 of the bill, strike ``may use such 
     funds'' and insert ``shall use not less than 5 percent of 
     such funds and funds made available under title II''.
       In section 1119A(b)(1) of the Elementary and Secondary 
     Education of 1965, as proposed to be amended by section 116 
     of the bill--
       (1) in subparagraph (A), after ``teachers,'' insert 
     ``paraprofessionals,''; and
       (2) in subparagraph (H), after ``teachers,'' insert 
     ``paraprofessionals,''.
       In section 1119A(a)(2)(B) of the Elementary and Secondary 
     Education Act of 1965, as proposed to be amended by section 
     116 of the bill, after ``teachers,'' insert 
     ``paraprofessionals,''.

                                 H.R. 2

Offered By: Ms. Sanchez to the Amendment in the Nature of a Substitute 
                        Offered by Mr. Goodling

       Amendment No. 45: Page I-A-6, after line 5, insert the 
     following (and redesignate any subsequent provisions 
     accordingly):
       (f) Part E Authorization.--Section 1002(g)(2) (20 U.S.C. 
     6302(g)(2)) is amended to read as follows:
       ``(2) Sections 1502, 1502A, and 1503.--For the purposes of 
     carrying out sections 1502, 1502A, and 1503 (Innovative 
     Elementary School Transition Projects), there are authorized 
     to be appropriated $100,000,000 for fiscal year 2001 and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years, of which not less than $50,000,000 shall be available 
     for each fiscal year to carry out section 1502A.''.
       Add at the end of the bill the following:

     SEC. __. LOCAL FAMILY INFORMATION CENTERS.

       (a) Centers Established.--Part E of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6491 et seq.) is amended by adding at the end the following:

     ``SEC. 1502A. LOCAL FAMILY INFORMATION CENTERS.

       ``(a) Centers Authorized.--From the amount appropriated 
     under section 1002(g)(2), the Secretary shall provide not 
     less than $50,000,000 to make grants to, and enter into 
     contracts and cooperative agreements with, locally based 
     nonprofit parent organizations to enable the organizations to 
     support Local Family Information Centers that help ensure 
     that parents of students in schools assisted under part A 
     have the training, information, and support the parents need 
     to enable the parents to participate effectively in helping 
     their children to meet challenging standards that have been 
     established for all children.
       ``(b) Definition of Local Nonprofit Parent Organization.--
     In this section, the term `local nonprofit parent 
     organization' means a locally-based, private nonprofit 
     organization (other than an institution of higher education) 
     that--
       ``(1) has a demonstrated track record of working with low 
     income individuals and parents;
       ``(2)(A) has a board of directors--
       ``(i) the majority of whom are parents of students in 
     schools that are assisted under part A and located in the in 
     the geographic area to be served by the center; and
       (ii) that includes individuals who work in schools that are 
     assisted under part A and located in the geographic area to 
     be served; or
       ``(B) has--
       ``(i) as a part of the organization's mission, serving the 
     interests of low-income families in public schools in the 
     geographic area to be served by the center; and
       ``(ii)(I) a special governing committee to direct and 
     implement the center, a majority of the members of whom are 
     parents of students in schools assisted under part A, which 
     committee shall include one or more individuals working in 
     title I programs in the geographic area to be served by the 
     center; and
       ``(II) entered into a memorandum of understanding between 
     the special governing committee and the board of directors 
     that clearly outlines the decisionmaking responsibilities and 
     authority of the special governing committee; and
       ``(3) is located in a community that has schools which 
     receive funds under part A, and is accessible to the families 
     of students in those schools.
       ``(c) Required Center Activities.--Each center assisted 
     under this section shall--
       ``(1) provide training, information, and support that meets 
     the needs of parents of children in schools assisted under 
     part A who are served through he grant, contract, or 
     cooperative agreement, particularly underserved parents, low-
     income parents, parents of students with limited English 
     proficiency, parents of students with disabilities, and 
     parents of students in schools identified for school 
     improvement or corrective action under section 1116;
       ``(2) help families of students enrolled in a school 
     assisted under part A--
       ``(A) to understand and effectively carry out their 
     responsibilities under the parent involvement provisions of 
     this Act, including participation in parent compacts, parent 
     involvement policies, and joint decision-making;
       ``(B) to learn how to effectively participate with schools 
     to create a needs assessment or school improvement plan in 
     accordance with part A;
       ``(C) to understand all of the provisions of this Act 
     designed to improve the achievement of students in the 
     school;
       ``(3) provide information in a language and form that 
     parents understand, including taking steps to ensure that 
     underserved parents, low-income parents, parents with 
     limited-English proficiency, parents of students with 
     disabilities, or parents of students in schools identified 
     for school improvement or corrective action, are effectively 
     informed and assisted;
       ``(4) assist parents to--
       ``(A) understand State content and student performance 
     standards, State and local assessments, and how schools 
     served under part A are required to help students meet the 
     State standards;
       ``(B) understand the accountability system in place in the 
     State, and support activities which are likely to improve 
     student achievement in schools assisted under part A;
       ``(C) communicate effectively with personnel responsible 
     for providing educational services to their child and for 
     planning and implementing policies and programs under part A, 
     in the school and the school district;
       ``(D) understand and analyze the meaning of data that 
     schools, local educational agencies, and States must provide 
     under the reporting requirements of this Act and other 
     statutes, including State reporting requirements;
       ``(E) locate and understand appropriate information about 
     the research on ways in which high poverty schools have made 
     real progress in getting all students to meet State 
     standards;
       ``(F) understand what their child's school is doing to 
     enable students to meet the standards, including 
     understanding the curriculum and instructional methods the 
     school is using to help students meet the standards;
       ``(G) better understand their child's educational needs, 
     where they are in comparison to State standards, and how the 
     school is addressing the child's education needs;
       ``(H) participate in--
       ``(i) decisionmaking processes at the school, school 
     district, and State levels;
       ``(ii) the development, review, and amendments of school-
     parent compacts, the school and school district parent 
     involvement policies, and the school plan; and

[[Page 25998]]

       ``(iii) the review of the needs assessment of the school;
       ``(I) understand the requirements of sections 1114, 1115, 
     and 1116, regarding improved student achievement, and school 
     planning and improvement;
       ``(J) understand the provisions of other Federal education 
     programs that provide--
       ``(i) resources and opportunities for the school 
     improvement; or
       ``(ii) educational resources to individual students, 
     including programs under chapters 1 and 2 of subpart 2 of 
     part A of title IV of the Higher Education Act of 1965 (Gear 
     Up and Federal TRIO programs) and other programs;
       ``(K) participate in other school reform activities; and
       ``(L) understand public school choice options available in 
     the local community, including magnet schools, charter 
     schools, and alternative schools;
       ``(5) provide appropriate training and information to 
     students in schools assisted under part A, to enable them to 
     participate in school compacts and in school reform 
     activities;
       ``(6) provide information on local parent involvement needs 
     and successes, where appropriate, to teachers and 
     administrators in schools and school districts assisted under 
     part A, and facilitate greater understanding of good parent 
     involvement strategies;
       ``(7) establish cooperative partnerships with community 
     parent resource centers assisted under sections 682 and 683, 
     respectively, of the Individuals with Disabilities Education 
     Act, and with parental information and resource centers 
     assisted under section 1118(g).
       ``(8) be designed to meet the specific needs of families 
     who experience significant isolation from available sources 
     of information and support;
       ``(9) network with appropriate clearinghouses; and
       ``(10) annually report to the Secretary regarding--
       ``(A) the number of parents to whom the center provided 
     information and support in the most recently concluded fiscal 
     year;
       ``(B) the number of parents who participated in training 
     sessions and the average number of parents in training 
     sessions;
       ``(C) the prior year's training which was held at times and 
     places designed to allow the attendance of the largest number 
     of parents of students in schools assisted under part A who 
     are most likely to have been isolated from other sources of 
     information and training;
       ``(D) the effectiveness of strategies used to reach and 
     serve parents, including underserved parents, low-income 
     parents, parents with limited English proficiency, parents of 
     students with disabilities, and parents of students in 
     schools identified for school improvement or corrective 
     action;
       ``(E) how the center ensured that parents had the skills 
     necessary to participate in their children's education, as 
     outlined in paragraph (4); and
       ``(F) the information provided to parents by local 
     educational agencies in the geographic area served by the 
     center; and
       ``(G) other measures, as determined appropriate by the 
     Secretary.
       ``(c) Application Requirements.--Each local nonprofit 
     parent organization desiring assistance under this section 
     shall submit to the Secretary and application at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may require. Each such application shall--
       ``(1) describe how the organization will use the assistance 
     to help families under this section;
       ``(2) describe what steps the organization has taken to 
     meet with school district or school personnel in the 
     geographic area to be served by the center in order to inform 
     the personnel of the plan and application for the assistance; 
     and
       ``(3) identify with specificity the special efforts that 
     the organization will take--
       ``(A) to ensure that the needs for training and information 
     and support for parents of students in schools assisted under 
     part A, particularly underserved parents, low-income parents, 
     parents with limited English proficiency, parents of students 
     with disabilities, and parents of students in schools 
     identified for improvement and corrective action, are 
     effectively met; and
       ``(B) to work with community-based organizations.
       ``(d) Distribution of Funds.--
       ``(1) Allocation of funds.--The Secretary shall make at 
     least two awards of assistance under this section to a local 
     nonprofit parent organization in each State, unless the 
     Secretary does not receive at least two applications from 
     such organizations in each State of sufficient quality to 
     warrant providing assistance in the State.
       ``(2) Selection requirement for local family information 
     centers.--
       ``(A) Eligibility.--In order to be eligible to receive 
     assistance under this part, a center shall serve a geographic 
     area (which may include more than one school districts), 
     having between 15,000 and 25,000 students, 50 percent of whom 
     are eligible for free and reduced price lunch under the 
     National School Lunch Act. The number of students to be 
     served under the preceding sentence may increase, at the 
     discretion of the Secretary, if the area to be served 
     contains only 1 school district and the center has the 
     capacity to effectively serve the entire school district.
       ``(B) Selection.--The Secretary shall select local 
     nonprofit parent organizations in a State to receive 
     assistance under this section in a manner that ensures the 
     provision of the most effective assistance to low-income 
     parents of students in schools assisted under part A that are 
     located in high poverty rural and urban areas in the State, 
     with particular emphasis on rural and urban geographic areas 
     with high school dropout rates, high percentages of limited 
     English proficient students, or geographic areas with schools 
     identified for improvement or corrective action under section 
     1116.
       ``(e) Quarterly Review.--
       ``(1) Meetings.--The board of directors or special 
     governing committee of each organization that receives 
     assistance under this section shall meet at least once in 
     each calendar quarter to review the activities for which the 
     assistance was provided.
       ``(2) Continuation requirement.--For each year that an 
     organization submits and application for assistance under 
     this section after the first year the organization receives 
     assistance under this section, the board of directors or 
     special governing committee shall submit to the Secretary a 
     written review of the activities of the center carried out by 
     the organization during the preceding year.
       ``(f) Evaluation.--The Secretary shall conduct an 
     evaluation of the centers assisted under this section, and 
     shall report the findings of such evaluation to Congress not 
     later than 3 years after the date of enactment of this 
     section.''.

                                 H.R. 2

                        Offered by: Mr. Schaffer

       Amendment No. 46: Before section 111 of the bill, insert 
     the following (and redesignate any subsequent sections 
     accordingly):

     SEC. 111. CLASS SIZE, QUALIFIED TEACHER AND ACCESSIBLE SCHOOL 
                   FAMILY SCHOOL CHOICE.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1115A of such Act (20 
     U.S.C. 6316) the following:

     ``SEC. 1115C. CLASS SIZE, QUALIFIED TEACHER AND ACCESSIBLE 
                   SCHOOL FAMILY SCHOOL CHOICE.

       ``(a) In General.--If a student is eligible to be served 
     under section 1115(b), or attends a school eligible for a 
     schoolwide program under section 1114, and--
       (1) attends a public elementary or secondary school and is 
     in a class that has an average class size greater than 24 
     students for grades 1-3, an average class size greater than 
     28 students for grades 4-6, or an average class size greater 
     than 30 students for grades 7-12; or
       (2) attends a public elementary or secondary school and 
     receives instruction under this part from a state uncertified 
     teacher; or
       (3) attends a public elementary or secondary school and 
     receives instruction from a state or locally uncertified 
     paraprofessional; or
       (4) attends a public elementary or secondary school and 
     such school is not readily accessible to, and usable by, 
     physically handicapped students; then--
       (b) the local educational agency shall allow such student 
     to attend another public school or public charter school in 
     the same State that is selected by the student's parent.
       (c) State Educational Agency Determinations.--
       (1) The State educational agency shall determine which 
     schools in the State are not readily accessible to physically 
     handicapped students, consistent with federal law.
       (d) Transportation Costs.--The local educational agency 
     that serves the public school in which the violent criminal 
     offense occurred or that serves the designated unsafe public 
     school may use funds provided under this part to provide 
     transportation services or to pay the reasonable costs of 
     transportation for the student to attend the school selected 
     by the student's parent.
       (e) Special Rule.--Any school receiving assistance provided 
     under this section shall comply with title VI of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.
       (f) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       (g) Maximum Amount.--Notwithstanding any other provision of 
     this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school--
       (1) where the average class size was too large for the 
     fiscal year preceding the fiscal year in which the class size 
     was too large; or
       (2) where the student is served by a state uncertified 
     teacher for the fiscal year preceding the fiscal year in 
     which the student

[[Page 25999]]

     received instruction from the uncertified teacher; or
       (3) where the student is served by a state or locally 
     uncertified paraprofessional for the fiscal year preceding 
     the fiscal year in which the student received instruction 
     from the uncertified paraprofessional; or
       (4) designated as not readily accessible by the State 
     educational agency, consistent with federal law, for the 
     fiscal year preceding the fiscal year for which the 
     designation is made.

                                 H.R. 2

                        Offered By: Mr. Schaffer

       Amendment No. 47: Before section 111 of the bill, insert 
     the following (and redesignate any subsequent sections 
     accordingly):

     SEC. __. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1115A of such Act (20 
     U.S.C. 6316) the following:

     ``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       ``(a) In General.--If a student is eligible to be served 
     under section 1115(b) or attends a school eligible for a 
     schoolwide program under section 1114, and the public school 
     that the student attends has been designated as an unsafe 
     public school, then the local educational agency may allow 
     such student to attend another public school or public 
     charter school in the same State as the unsafe public school, 
     that is selected by the student's parent.
       ``(b) Unsafe Public School.--
       ``(1) The State educational agency shall determine which 
     schools in the State are unsafe public schools for purposes 
     of this section.
       ``(2) The term `unsafe public school' means a public school 
     that has serious crime, violence, illegal drug, and 
     discipline problems, as indicated by conditions that may 
     include high rates of--
       ``(A) expulsions and suspensions of students from school;
       ``(B) referrals of students to alternative schools for 
     disciplinary reasons, to special programs or schools for 
     delinquent youth, or to juvenile court;
       ``(C) victimization of students or teachers by criminal 
     acts, including robbery, assault and homicide;
       ``(D) enrolled students who are under court supervision for 
     past criminal behavior;
       ``(E) possession, use, sale or distribution of illegal 
     drugs;
       ``(F) enrolled students who are attending school while 
     under the influence of illegal drugs or alcohol;
       ``(G) possession or use of guns or other weapons;
       ``(H) participation in youth gangs; or
       ``(I) crimes against property, such as theft or vandalism.
       ``(c) Transportation Costs.--The local educational agency 
     in which the unsafe public school is located may use funds 
     provided under this part to provide transportation services 
     or to pay the reasonable costs of transportation for the 
     student to attend the public school or public charter school 
     selected by the student's parent; and
       ``(d) Special Rule.--Any school receiving assistance 
     provided under this section shall comply with title VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.
       ``(e) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       ``(f) Maximum Amount.--Notwithstanding any other provision 
     of this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school designated as 
     an unsafe public school by the State educational agency for 
     the fiscal year preceding the fiscal year for which the 
     designation is made.''.

                                 H.R. 2

                        Offered By: Mr. Schaffer

       Amendment No. 48: Before section 111 of the bill, insert 
     the following (and redesignate any subsequent sections 
     accordingly):

     SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1115A of such Act (20 
     U.S.C. 6316) the following:

     ``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       ``(a) In General.--If a student is eligible to be served 
     under section 1115(b), or attends a school eligible for a 
     schoolwide program under section 1114, and--
       ``(1) becomes a victim of a violent criminal offense while 
     in or on the grounds of a public elementary school or 
     secondary school that the student attends and that receives 
     assistance under this part, then the local educational agency 
     shall allow such student to attend another public school or 
     public charter school in the same State as the school where 
     the criminal offense occurred, that is selected by the 
     student's parent; or
       ``(2) the public school that the student attends and that 
     receives assistance under this part has been designated as an 
     unsafe public school, then the local educational agency may 
     allow such student to attend another public school or public 
     charter school in the same State as the school where the 
     criminal offense occurred, that is selected by the student's 
     parent.
       ``(b) State Educational Agency Determinations.--
       ``(1) The State educational agency shall determine, based 
     upon State law, what actions constitute a violent criminal 
     offense for purposes of this section.
       ``(2) The State educational agency shall determine which 
     schools in the State are unsafe public schools.
       ``(3) The term `unsafe public schools' means a public 
     school that has serious crime, violence, illegal drug, and 
     discipline problems, as indicated by conditions that may 
     include high rates of--
       ``(A) expulsions and suspensions of students from school;
       ``(B) referrals of students to alternative schools for 
     disciplinary reasons, to special programs or schools for 
     delinquent youth, or to juvenile court;
       ``(C) victimization of students or teachers by criminal 
     acts, including robbery, assault and homicide;
       ``(D) enrolled students who are under court supervision for 
     past criminal behavior;
       ``(E) possession, use, sale or distribution of illegal 
     drugs;
       ``(F) enrolled students who are attending school while 
     under the influence of illegal drugs or alcohol;
       ``(G) possession or use of guns or other weapons;
       ``(H) participation in youth gangs; or
       ``(I) crimes against property, such as theft or vandalism.
       ``(c) Transportation Costs.--The local educational agency 
     that serves the public school in which the violent criminal 
     offense occurred or that serves the designated unsafe public 
     school may use funds provided under this part to provide 
     transportation services or to pay the reasonable costs of 
     transportation for the student to attend the school selected 
     by the student's parent.
       ``(d) Special Rule.--Any school receiving assistance 
     provided under this section shall comply with title VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.
       ``(e) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       ``(f) Maximum Amount.--Notwithstanding any other provision 
     of this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school--
       ``(1) where the violent criminal offense occurred for the 
     fiscal year preceding the fiscal year in which the offense 
     occurred; or
       ``(2) designated as an unsafe public school by the State 
     educational agency for the fiscal year preceding the fiscal 
     year for which the designation is made.

                                 H.R. 2

                        Offered By: Mr. Schaffer

       Amendment No. 49: Before section 111 of the bill, insert 
     the following (and redesignate any subsequent sections 
     accordingly):

     SEC. __. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1115A of such Act (20 
     U.S.C. 6316) the following:

     ``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       ``(a) In General.--If a student is eligible to be served 
     under section 1115(b), or attends a school eligible for a 
     schoolwide program under section 1114, and becomes a victim 
     of a violent criminal offense while in or on the grounds of a 
     public elementary school or secondary school that the student 
     attends and that receives assistance under this part, then 
     the local educational agency shall allow such student to 
     attend another public school or public charter school in the 
     same State as the school where the criminal offense occurred, 
     that is selected by the student's parent. The State 
     educational agency shall determine based, upon State law, 
     what actions constitute a violent criminal offense for 
     purposes of this section.
       ``(b) Transportation Costs.--The local educational agency 
     in which the violent criminal offense occurred may use funds 
     provided under this part to provide transportation services 
     or to pay the reasonable costs of transportation for the 
     student to attend the school selected by the student's 
     parent.
       ``(c) Special Rule.--Any school receiving assistance 
     provided under this section shall comply with title VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.

[[Page 26000]]

       ``(d) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       ``(e) Maximum Amount.--Notwithstanding any other provision 
     of this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school where the 
     violent criminal offense occurred for the fiscal year 
     preceding the fiscal year in which such offense occurred.''.

                                 H.R. 2

                         Offered By: Mr. Scott

       Amendment No. 50: Add at the end of part F of title I of 
     the Act, as proposed to be amended by section 161 of the 
     bill, the following:

     ``SEC. 1612. RULE OF CONSTRUCTION.

       ``Notwithstanding any provision of this title, a local 
     educational agency may not use more than 10 percent of the 
     amounts made available under sections 1124, 1124A, and 1125 
     for the costs of transportation of children under sections 
     1115A and 1116.

                                 H.R. 2

                        Offered By: Mr. Tancredo

       Amendment No. 51: At the end of section 106 of the bill, 
     insert the following:
       (g) Rulemaking on Office of Civil Rights Guidelines and 
     Compliance Standards; Requirements for Compliance 
     Agreements.--Section 1112 (20 U.S.C. 6312) is amended by 
     adding at the end the following:
       ``(h) Rulemaking on Office of Civil Rights Guidelines and 
     Compliance Standards.--
       ``(1) In general.--In accordance with subchapter II of 
     chapter 5 of part I of title 5, United States Code, the 
     Secretary--
       ``(A) shall publish in the Federal Register a notice of 
     proposed rulemaking with respect to the enforcement 
     guidelines and compliance standards of the Office of Civil 
     Rights of the Department of Education that apply to a program 
     or activity to provide English language instruction to 
     limited English proficient children and youth that is 
     undertaken using funds under this part by a State, locality, 
     or local educational agency;
       ``(B) shall undertake a rulemaking pursuant to such notice; 
     and
       ``(C) shall promulgate a final rule pursuant to such 
     rulemaking on the record after opportunity for an agency 
     hearing.
       ``(2) Effect of rulemaking on compliance agreements.--The 
     Secretary may not enter into any compliance agreement after 
     the date of the enactment of the Student Results Act of 1999 
     pursuant to a guideline or standard described in subsection 
     (a)(1) with an entity described in such subsection until the 
     Secretary has promulgated the final rule described in 
     subsection (a)(3).
       ``(i) Requirements for Compliance Agreements.--Any 
     compliance agreement entered into between a State, locality, 
     or local educational agency and the Department of Health, 
     Education, and Welfare or the Department of Education, that 
     requires such State, locality, or local educational agency to 
     develop, implement, provide, or maintain any form of 
     bilingual education using funds under this part shall--
       ``(1) include a requirement that such State, locality, or 
     local educational agency demonstrate continuous and 
     substantial progress in teaching children and youth with 
     limited English proficiency verbal and written English;
       ``(2) include a requirement that such State, locality, or 
     local educational agency annually assess student progress in 
     learning English; and
       ``(3) contain stated goals for reclassification rates for 
     limited English proficient students and evaluate progress 
     toward those goals annually.''.

                                 H.R. 2

                        Offered By: Mr. Tancredo

       Amendment No. 52: At the end of the bill, add the 
     following:
       TITLE IX--PROGRAMS FOR LIMITED ENGLISH PROFICIENT CHILDREN

     SEC. 901. RULEMAKING ON OFFICE OF CIVIL RIGHTS GUIDELINES AND 
                   COMPLIANCE STANDARDS; REQUIREMENTS FOR 
                   COMPLIANCE AGREEMENTS.

       Part E of title VII (20 U.S.C. 7601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 7503. RULEMAKING ON OFFICE OF CIVIL RIGHTS GUIDELINES 
                   AND COMPLIANCE STANDARDS.

       ``(a) In General.--In accordance with subchapter II of 
     chapter 5 of part I of title 5, United States Code, the 
     Secretary--
       ``(1) shall publish in the Federal Register a notice of 
     proposed rulemaking with respect to the enforcement 
     guidelines and compliance standards of the Office of Civil 
     Rights of the Department of Education that apply to a program 
     or activity to provide English language instruction to 
     limited English proficient children and youth that is 
     undertaken by a State, locality, or local educational agency;
       ``(2) shall undertake a rulemaking pursuant to such notice; 
     and
       ``(3) shall promulgate a final rule pursuant to such 
     rulemaking on the record after opportunity for an agency 
     hearing.
       ``(b) Effect of Rulemaking on Compliance Agreements.--The 
     Secretary may not enter into any compliance agreement after 
     the date of the enactment of the Student Results Act of 1999 
     pursuant to a guideline or standard described in subsection 
     (a)(1) with an entity described in such subsection until the 
     Secretary has promulgated the final rule described in 
     subsection (a)(3).

     ``SEC. 7504. REQUIREMENTS FOR COMPLIANCE AGREEMENTS.

       ``Any compliance agreement entered into between a State, 
     locality, or local educational agency and the Department of 
     Health, Education, and Welfare or the Department of 
     Education, that requires such State, locality, or local 
     educational agency to develop, implement, provide, or 
     maintain any form of bilingual education shall--
       ``(1) demonstrate continuous and substantial progress in 
     teaching children and youth with limited English proficiency 
     verbal and written English;
       ``(2) include, among other things, the annual assessment of 
     student progress in learning English;
       ``(3) contain stated goals for reclassification rates for 
     limited English proficient students and evaluate progress 
     toward those goals annually;
       ``(4) provide written notification to parent or parents of 
     limited English proficient students in a language 
     understandable to them which includes these goals and 
     assessments; and
       ``(5) obtain the prior written consent of a parent or 
     parents of a limited English proficient student who is 
     identified for participation in a bilingual education 
     program, or a special alternative instruction program 
     included in said agreement. The parent or parents shall 
     select among methods of instruction, if more than 1 method is 
     offered, and have the right to have the student removed from 
     the program immediately upon the parent's request.''.

                                 H.R. 2

                        Offered By: Mr. Tancredo

       Amendment No. 53: At the end of the bill, add the 
     following:
       TITLE IX--PROGRAMS FOR LIMITED ENGLISH PROFICIENT CHILDREN

     SEC. 901. RULEMAKING ON OFFICE OF CIVIL RIGHTS GUIDELINES AND 
                   COMPLIANCE STANDARDS; REQUIREMENTS FOR 
                   COMPLIANCE AGREEMENTS.

       Part E of title VII (20 U.S.C. 7601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 7503. RULEMAKING ON OFFICE OF CIVIL RIGHTS GUIDELINES 
                   AND COMPLIANCE STANDARDS.

       ``(a) In General.--In accordance with subchapter II of 
     chapter 5 of part I of title 5, United States Code, the 
     Secretary--
       ``(1) shall publish in the Federal Register a notice of 
     proposed rulemaking with respect to the enforcement 
     guidelines and compliance standards of the Office of Civil 
     Rights of the Department of Education that apply to a program 
     or activity to provide English language instruction to 
     limited English proficient children and youth that is 
     undertaken by a State, locality, or local educational agency;
       ``(2) shall undertake a rulemaking pursuant to such notice; 
     and
       ``(3) shall promulgate a final rule pursuant to such 
     rulemaking on the record after opportunity for an agency 
     hearing.
       ``(b) Effect of Rulemaking on Compliance Agreements.--The 
     Secretary may not enter into any compliance agreement after 
     the date of the enactment of the Student Results Act of 1999 
     pursuant to a guideline or standard described in subsection 
     (a)(1) with an entity described in such subsection until the 
     Secretary has promulgated the final rule described in 
     subsection (a)(3).

     ``SEC. 7504. REQUIREMENTS FOR COMPLIANCE AGREEMENTS.

       ``Any compliance agreement entered into after the date of 
     the enactment of the Student Results Act of 1999 between a 
     State, locality, or local educational agency and the 
     Department of Education, that requires such State, locality, 
     or local educational agency to develop, implement, provide, 
     or maintain any form of bilingual education shall--
       ``(1) include a requirement that such State, locality, or 
     local educational agency demonstrate continuous and 
     substantial progress in teaching children and youth with 
     limited English proficiency verbal and written English;
       ``(2) include a requirement that such State, locality, or 
     local educational agency annually assess student progress in 
     learning English;
       ``(3) contain stated goals for reclassification rates for 
     limited English proficient students and evaluate progress 
     toward those goals annually;
       ``(4) include a requirement that such State, locality, or 
     local educational agency provide written notification to 
     parent or parents of limited English proficient students in a 
     language understandable to them which includes such goals and 
     the results of such assessments; and
       ``(5) include a requirement that such State, locality, or 
     local educational agency--
       ``(A) obtain the prior written consent of a parent or 
     parents of a limited English proficient student before 
     placing the student in a bilingual education program or a 
     special

[[Page 26001]]

     alternative instruction program that is subject to the 
     compliance agreement;
       ``(B) permit the parent or parents to select among methods 
     of instruction, if more than one method is offered; and
       ``(C) afford the right to have the student removed from the 
     program immediately upon the parent's request.''.

                                 H.R. 2

                        Offered By: Mrs. Wilson

       Amendment No. 54: At the end of part F of title I of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, insert the 
     following:

     ``SEC. 1612. PERRY PRESCHOOL STUDY.

       The Secretary shall conduct a peer-review study to evaluate 
     the long-term results of the High/Scope Educational Research 
     Foundation's Perry Preschool Study and all subsequent studies 
     based on the Perry Preschool Study. The study shall examine 
     Head Start and Even Start programs to determine their 
     similarities to Perry. The Secretary of Education shall 
     report the findings to Congress not later than 180 days after 
     the date of the enactment of the Student Results Act of 1999, 
     which report shall include a comparison of and policy 
     recommendations regarding the successes or failures of the 
     Perry Preschool Study, and the successes or failures of Head 
     Start and Even Start Programs.

                                 H.R. 2

                        Offered By: Mrs. Wilson

       Amendment No. 55: Add at the end of section 1609 of the 
     Elementary and Secondary Education Act of 1965, as proposed 
     to be amended by section 161 of the bill, the following:
       ``(e) Charter Schools Capital Financing.--The General 
     Accounting Office shall conduct a study on the availability 
     of capital funds for facilities for charter schools and 
     whether charter schools have access to local education bonds 
     or funds. The General Accounting Office shall submit to 
     Congress a report on its findings not later than 90 days 
     after the enactment of the Student Results Act of 1999. The 
     report shall include policy recommendations on means to 
     improve capital availability for charter schools, including 
     the establishment of an investment corporation to provide 
     charter schools with access to low-interest capital 
     improvement loans, loan guarantees and changes of Federal tax 
     law that would improve accessibility and reduce the cost of 
     capital to charter schools.