[Congressional Record (Bound Edition), Volume 146 (2000), Part 5]
[Senate]
[Pages 6108-6242]
[From the U.S. Government Publishing Office, www.gpo.gov]



                     EDUCATIONAL OPPORTUNITIES ACT

  The PRESIDING OFFICER. The clerk will report S. 2.
  The legislative clerk read as follows:

       A bill (S. 2) to extend programs and activities under the 
     Elementary and Secondary Education Act of 1965.


[[Page 6109]]


  The Senate proceeded to consider the bill which had been reported 
from the Committee on Health, Education, Labor, and Pensions, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Short title; purpose; definitions.

      TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS

Sec. 101. Policy and purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Reservation and allocation for school improvement.

                         Part A--Basic Programs

Sec. 111. State plans.
Sec. 112. Local educational agency plans.
Sec. 113. Eligible school attendance areas.
Sec. 114. Schoolwide programs.
Sec. 115. Targeted assistance schools.
Sec. 116. Pupil safety and family school choice.
Sec. 117. Assessment and local educational agency and school 
              improvement.
Sec. 118. Assistance for school support and improvement.
Sec. 119. Parental involvement.
Sec. 120. Professional development.
Sec. 120A. Participation of children enrolled in private schools.
Sec. 120B. Early childhood education.
Sec. 120C. Allocations.
Sec. 120D. Establishment of the child centered program.

              Part B--Even Start Family Literacy Programs

Sec. 121. Even start family literacy programs.

                Part C--Education of Migratory Children

Sec. 131. Program purpose.
Sec. 132. State application.
Sec. 133. Comprehensive plan.
Sec. 134. Coordination.

                      Part D--Parental Assistance

Sec. 141. Parental assistance.

Part E--General Provisions; Comprehensive School Reform; Assistance to 
                    Address School Dropout Problems

Sec. 151. General provisions; comprehensive school reform; assistance 
              to address school dropout problems.

            TITLE II--PROFESSIONAL DEVELOPMENT FOR TEACHERS

Sec. 201. Teacher quality.
Sec. 202. Leadership education and development program.
Sec. 203. Reading excellence.
Sec. 204. National Writing Project.
Sec. 205. General provisions.
Sec. 206. New century program and digital education content 
              collaborative.
Sec. 207. Conforming amendments.

                   TITLE III--ENRICHMENT INITIATIVES

Sec. 301. Enrichment initiatives.
Sec. 302. Dissemination of advanced placement information.
Sec. 303. Technical and conforming amendments.

          TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

Sec. 401. Amendment to the Elementary and Secondary Education Act of 
              1965.
Sec. 402. Gun-free requirements.
Sec. 403. School safety and violence prevention.
Sec. 404. Background checks.
Sec. 405. Constitutionality of memorial services and memorials at 
              public schools.
Sec. 406. Environmental tobacco smoke.

              TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES

Sec. 501. Educational opportunity initiatives.

                      Part A--Technology Education

Sec. 511. Technology education.

            Part B--Women's Educational Equity; Star Schools

Sec. 521. Women's educational equity.
Sec. 522. Star schools.

                   Part C--Magnet Schools Assistance

Sec. 531. Magnet schools assistance.

                     Part D--Public Charter Schools

Sec. 541. Public charter schools.

  Part E--Civic Education; FIE; Ellender Fellowships; Ready-to-Learn 
               Television; Inexpensive Book Distribution

Sec. 551. Civic education; FIE; Ellender fellowships; ready-to-learn 
              television; inexpensive book distribution.

              Part F--Technical and Conforming Amendments

Sec. 561. Technical and conforming amendments.

                     TITLE VI--INNOVATIVE EDUCATION

Sec. 601. Innovative education.
Sec. 602. Technical and conforming amendment.

                     TITLE VII--BILINGUAL EDUCATION

Sec. 701. Purpose.
Sec. 702. Authorization of appropriations.
Sec. 703. Repeal of program development and implementation grants.
Sec. 704. Program enhancement projects.
Sec. 705. Comprehensive school and systemwide improvement grants.
Sec. 706. Repeal of systemwide improvement grants.
Sec. 707. Applications.
Sec. 708. Repeal of intensified instruction.
Sec. 709. Repeal of subgrants, priority, and coordination provisions.
Sec. 710. Evaluations.
Sec. 711. Research.
Sec. 712. Academic excellence awards.
Sec. 713. State grant program.
Sec. 714. National Clearinghouse.
Sec. 715. Instructional materials development.
Sec. 716. Training for all teachers program.
Sec. 717. Graduate fellowships.
Sec. 718. Repeal of program requirements.
Sec. 719. Program evaluations.
Sec. 720. Special rule.
Sec. 721. Repeal of finding relating to foreign language assistance.
Sec. 722. Foreign language assistance applications.
Sec. 723. Emergency immigrant education purpose.
Sec. 724. Emergency immigrant education State administrative costs.
Sec. 725. Conforming amendments.
Sec. 726. Emergency immigrant education authorization of 
              appropriations.
Sec. 727. Coordination and reporting requirements.

                         TITLE VIII--IMPACT AID

Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Payments relating to Federal acquisition of real property.
Sec. 804. Payments for eligible federally connected children.
Sec. 805. Sudden and substantial increases in attendance of military 
              dependents.
Sec. 806. School construction and facility modernization.
Sec. 807. State consideration of payments in providing State aid.
Sec. 808. Federal administration.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Forgiveness of overpayments.
Sec. 811. Applicability.
Sec. 812. Definitions.
Sec. 813. Authorization of appropriations.
Sec. 814. Technical and conforming amendment.

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

Sec. 901. Programs.
Sec. 902. Conforming amendments.

                      TITLE X--GENERAL PROVISIONS

Sec. 10001. Uniform provisions.
Sec. 10002. Evaluations.
Sec. 10003. America's Education Goals.
Sec. 10004. America's Education Goals Panel.
Sec. 10005. Comprehensive regional assistance centers.
Sec. 10006. Repeals.
Sec. 10007. Technical and conforming amendments.

                   TITLE XI--AMENDMENTS TO OTHER LAWS

                            Part A--Repeals

Sec. 11101. Goals 2000: Educate America Act.
Sec. 11102. Higher Education Amendments of 1998.
Sec. 11103. Conforming amendments.

           Part B--Education for Homeless Children and Youth

Sec. 11201. Statement of policy.
Sec. 11202. Grants for State and local activities.
Sec. 11203. Local educational agency grants.
Sec. 11204. Secretarial responsibilities.
Sec. 11205. Definitions.
Sec. 11206. Authorization of appropriations.
Sec. 11207. Conforming amendments.

            Part C--Albert Einstein Distinguished Educators

Sec. 11301. Albert Einstein Distinguished Educator Act of 1994.

     SEC. 2. REFERENCES.

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

     SEC. 3. SHORT TITLE; PURPOSE; DEFINITIONS.

       The Act (20 U.S.C. 6301 et seq.) is amended--
       (1) in the heading for section 1, by striking ``TABLE OF 
     CONTENTS'' and inserting ``SHORT TITLE''; and
       (2) by adding after section 1 the following:

     ``SEC. 2. PURPOSE.

       ``It is the purpose of this Act to support programs and 
     activities that will improve the Nation's schools and enable 
     all children to achieve high standards.

     ``SEC. 3. DEFINITIONS.

       ``Except as otherwise provided, in this Act:
       ``(1) Average daily attendance.--
       ``(A) In general.--Except as provided otherwise by State 
     law or this paragraph, the term `average daily attendance' 
     means--
       ``(i) the aggregate number of days of attendance of all 
     students during a school year; divided by
       ``(ii) the number of days school is in session during such 
     school year.
       ``(B) Conversion.--The Secretary shall permit the 
     conversion of average daily membership (or other similar 
     data) to average daily attendance for local educational 
     agencies in States that provide State aid to local 
     educational agencies on the basis of average daily membership 
     or such other data.

[[Page 6110]]

       ``(C) Special rule.--If the local educational agency in 
     which a child resides makes a tuition or other payment for 
     the free public education of the child in a school located in 
     another school district, the Secretary shall, for purposes of 
     this Act--
       ``(i) consider the child to be in attendance at a school of 
     the agency making such payment; and
       ``(ii) not consider the child to be in attendance at a 
     school of the agency receiving such payment.
       ``(D) Children with disabilities.--If a local educational 
     agency makes a tuition payment to a private school or to a 
     public school of another local educational agency for a child 
     with a disability, as defined in section 602 of the 
     Individuals with Disabilities Education Act, the Secretary 
     shall, for the purposes of this Act, consider such child to 
     be in attendance at a school of the agency making such 
     payment.
       ``(2) Average per-pupil expenditure.--The term `average 
     per-pupil expenditure' means, in the case of a State or of 
     the United States--
       ``(A) without regard to the source of funds--
       ``(i) the aggregate current expenditures, during the third 
     fiscal year preceding the fiscal year for which the 
     determination is made (or, if satisfactory data for that year 
     are not available, during the most recent preceding fiscal 
     year for which satisfactory data are available) of all local 
     educational agencies in the State or, in the case of the 
     United States for all States (which, for the purpose of this 
     paragraph, means the 50 States and the District of Columbia); 
     plus
       ``(ii) any direct current expenditures by the State for the 
     operation of such agencies; divided by
       ``(B) the aggregate number of children in average daily 
     attendance to whom such agencies provided free public 
     education during such preceding year.
       ``(3) Child.--The term `child' means any person within the 
     age limits for which the State provides free public 
     education.
       ``(4) Community-based organization.--The term `community-
     based organization' means a public or private nonprofit 
     organization of demonstrated effectiveness that--
       ``(A) is representative of a community or significant 
     segments of a community; and
       ``(B) provides educational or related services to 
     individuals in the community.
       ``(5) Consolidated local application.--The term 
     `consolidated local application' means an application 
     submitted by a local educational agency pursuant to section 
     6505.
       ``(6) Consolidated local plan.--The term `consolidated 
     local plan' means a plan submitted by a local educational 
     agency pursuant to section 6505.
       ``(7) Consolidated state application.--The term 
     `consolidated State application' means an application 
     submitted by a State educational agency pursuant to section 
     6502.
       ``(8) Consolidated state plan.--The term `consolidated 
     State plan' means a plan submitted by a State educational 
     agency pursuant to section 14302.
       ``(9) County.--The term `county' means one of the divisions 
     of a State used by the Secretary of Commerce in compiling and 
     reporting data regarding counties.
       ``(10) Covered program.--The term `covered program' means 
     each of the programs authorized by--
       ``(A) part A of title I;
       ``(B) part C of title I;
       ``(C) title II (other than section 2103 and part D);
       ``(D) subpart 2 of part A of title V;
       ``(E) part A of title IV (other than section 4114); and
       ``(F) title VI.
       ``(11) The term `current expenditures' means expenditures 
     for free public education--
       ``(A) including expenditures for administration, 
     instruction, attendance and health services, pupil 
     transportation services, operation and maintenance of plant, 
     fixed charges, and net expenditures to cover deficits for 
     food services and student body activities; but
       ``(B) not including expenditures for community services, 
     capital outlay, and debt service, or any expenditures made 
     from funds received under title I and title VI.
       ``(12) Department.--The term `Department' means the 
     Department of Education.
       ``(13) Educational service agency.--The term `educational 
     service agency' means a regional public multiservice agency 
     authorized by State statute to develop, manage, and provide 
     services or programs to local educational agencies.
       ``(14) Elementary school.--The term `elementary school' 
     means a nonprofit institutional day or residential school, 
     including a public elementary charter school, that provides 
     elementary education, as determined under State law.
       ``(15) Free public education.--The term `free public 
     education' means education that is provided--
       ``(A) at public expense, under public supervision and 
     direction, and without tuition charge; and
       ``(B) as elementary school or secondary school education as 
     determined under applicable State law, except that such term 
     does not include any education provided beyond grade 12.
       ``(16) Gifted and talented.--The term `gifted and 
     talented', when used with respect to students, children or 
     youth, means students, children or youth who give evidence of 
     high performance capability in areas such as intellectual, 
     creative, artistic, or leadership capacity, or in specific 
     academic fields, and who require services or activities not 
     ordinarily provided by the school in order to fully develop 
     such capabilities.
       ``(17) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965.
       ``(18) Local educational agency.--
       ``(A) In general.--The term `local educational agency' 
     means a public board of education or other public authority 
     legally constituted within a State for either administrative 
     control or direction of, or to perform a service function 
     for, public elementary schools or secondary schools in a 
     city, county, township, school district, or other political 
     subdivision of a State, or for such combination of school 
     districts or counties as are recognized in a State as an 
     administrative agency for the State's public elementary or 
     secondary schools.
       ``(B) Administrative control and direction.--The term 
     includes any other public institution or agency having 
     administrative control and direction of a public elementary 
     or secondary school.
       ``(C) BIA schools.--The term includes an elementary school 
     or secondary school funded by the Bureau of Indian Affairs 
     but only to the extent that such inclusion makes such school 
     eligible for programs for which specific eligibility is not 
     provided to such school in another provision of law and such 
     school does not have a student population that is smaller 
     than the student population of the local educational agency 
     receiving assistance under this Act with the smallest student 
     population, except that such school shall not be subject to 
     the jurisdiction of any State educational agency other than 
     the Bureau of Indian Affairs.
       ``(19) Mentoring.--The term `mentoring' means a program in 
     which an adult works with a child or youth on a 1-to-1 basis, 
     establishing a supportive relationship, providing academic 
     assistance, and introducing the child or youth to new 
     experiences that enhance the child or youth's ability to 
     excel in school and become a responsible citizen.
       ``(20) Other staff.--The term `other staff' means pupil 
     services personnel, librarians, career guidance and 
     counseling personnel, education aides, and other 
     instructional and administrative personnel.
       ``(21) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and for the 
     purpose of section 1121 and any other discretionary grant 
     program under this Act, the Republic of the Marshall Islands, 
     the Federated States of Micronesia, and the Republic of 
     Palau.
       ``(22) Parent.--The term `parent' includes a legal guardian 
     or other person standing in loco parentis.
       ``(23) Parental involvement.--The term `parental 
     involvement' means the participation of parents on all levels 
     of a school's operation, including all of the activities 
     described in section 1118.
       ``(24) Public telecommunications entity.--The term `public 
     telecommunication entity' has the same meaning given to such 
     term in section 397 of the Communications Act of 1934.
       ``(25) Pupil services personnel; pupil services.--
       ``(A) Pupil services personnel.--The term `pupil services 
     personnel' means school counselors, school social workers, 
     school psychologists, and other qualified professional 
     personnel involved in providing assessment, diagnosis, 
     counseling, educational, therapeutic, and other necessary 
     services (including related services as such term is defined 
     in section 602 of the Individuals with Disabilities Education 
     Act) as part of a comprehensive program to meet student 
     needs.
       ``(B) Pupil services.--The term `pupil services' means the 
     services provided by pupil services personnel.
       ``(26) Research-based.--The term `research-based' used with 
     respect to an activity or a program, means an activity based 
     on specific strategies and implementation of such strategies 
     that, based on theory, research and evaluation, are effective 
     in improving student achievement and performance and other 
     program objectives.
       ``(27) Secondary school.--The term `secondary school' means 
     a nonprofit institutional day or residential school, 
     including a public secondary charter school, that provides 
     secondary education, as determined under State law, except 
     that such term does not include any education beyond grade 
     12.
       ``(28) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(29) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each of the outlying areas.
       ``(30) State educational agency.--The term `State 
     educational agency' means the agency primarily responsible 
     for the State supervision of public elementary schools and 
     secondary schools.
       ``(31) Technology.--The term `technology' means the latest 
     state-of-the-art technology products and services, such as 
     closed circuit television systems, educational television or 
     radio programs and services, cable television, satellite, 
     copper fiber optic transmission, computer hardware and 
     software, video and audio laser and CD-ROM disks, video and 
     audio tapes, including interactive forms of such products and 
     services, or other technologies.''.

[[Page 6111]]



      TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS

     SEC. 101. POLICY AND PURPOSE.

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

     ``SEC. 1001. STATEMENT OF PURPOSE.

       ``The purpose of this title is to enable schools to provide 
     opportunities for children served under this title to acquire 
     the knowledge and skills contained in the challenging State 
     content standards and to meet the challenging State student 
     performance standards developed for all children. This 
     purpose should be accomplished by--
       ``(1) ensuring high standards for all children and aligning 
     the efforts of States, local educational agencies, and 
     schools to help children served under this title to reach 
     such standards;
       ``(2) providing children an enriched and accelerated 
     educational program, including the use of schoolwide programs 
     or additional services that increase the amount and quality 
     of instructional time so that children served under this 
     title receive at least the classroom instruction that other 
     children receive;
       ``(3) promoting schoolwide reform and ensuring access of 
     children (from the earliest grades, including 
     prekindergarten) to effective instructional strategies and 
     challenging academic content that includes intensive complex 
     thinking and problem-solving experiences;
       ``(4) significantly elevating the quality of instruction by 
     providing staff in participating schools with substantial 
     opportunities for professional development;
       ``(5) coordinating services under all parts of this title 
     with each other, with other educational services, and to the 
     extent feasible, with other agencies providing services to 
     youth, children, and families that are funded from other 
     sources;
       ``(6) affording parents substantial and meaningful 
     opportunities to participate in the education of their 
     children at home and at school;
       ``(7) distributing resources in amounts sufficient to make 
     a difference to local educational agencies and schools where 
     needs are greatest;
       ``(8) improving and strengthening accountability, teaching, 
     and learning by using State assessment systems designed to 
     measure how well children served under this title are 
     achieving challenging State student performance standards 
     expected of all children; and
       ``(9) providing greater decisionmaking authority and 
     flexibility to schools and teachers in exchange for greater 
     responsibility for student performance.''.

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       Section 1002 (20 U.S.C. 6302) is amended--
       (1) in subsection (a), by striking ``$7,400,000,000 for 
     fiscal year 1995'' and inserting ``$15,000,000,000 for fiscal 
     year 2001'';
       (2) in subsection (b), by striking ``$118,000,000 for 
     fiscal year 1995'' and inserting ``$500,000,000 for fiscal 
     year 2001'';
       (3) in subsection (c), by striking ``$310,000,000 for 
     fiscal year 1995'' and inserting ``$400,000,000 for fiscal 
     year 2001'';
       (4) by amending subsection (d) to read as follows:
       ``(d) Parental Assistance.--For the purpose of carrying out 
     part D, there are authorized to be appropriated $50,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.'';
       (5) by amending subsection (e) to read as follows:
       ``(e) Capital Expenses.--For the purpose of carrying out 
     section 1120(e), there are authorized to be appropriated 
     $15,000,000 for fiscal year 2001, $15,000,000 for fiscal year 
     2002, and $5,000,000 for fiscal year 2003.'';
       (6) in subsection (f), by striking ``1996 and each of the 
     three'' and inserting ``2001 and each of the four'';
       (7) by amending subsection (g) to read as follows:
       ``(g) Federal Activities.--
       ``(1) Section 1501.--For the purpose of carrying out 
     section 1501, there are authorized to be appropriated 
     $10,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the four succeeding fiscal years.
       ``(2) Section 1502.--For the purpose of carrying out 
     section 1502 there are authorized to be appropriated 
     $25,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the four succeeding fiscal years.''; 
     and
       (8) by adding at the end the following:
       ``(h) Comprehensive School Reform.--For the purpose of 
     carrying out part F, there are authorized to be appropriated 
     $200,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the four succeeding fiscal years.''.

     SEC. 103. RESERVATION AND ALLOCATION FOR SCHOOL IMPROVEMENT.

       Section 1003 (20 U.S.C. 6303) is amended to read as 
     follows:

     ``SEC. 1003. RESERVATIONS AND ALLOCATIONS FOR SCHOOL 
                   IMPROVEMENT.

       ``(a) Secretary's Reservation and Allocation for School 
     Improvement From Amounts in Excess of $8,076,000,000.--
       ``(1) Reservation.--The Secretary shall reserve 50 percent 
     of the amount appropriated to carry out part A for fiscal 
     year 2001 and each of the 4 succeeding fiscal years that is 
     in excess of $8,076,000,000 to make allotments to States 
     under paragraph (2).
       ``(2) Additional state allotments for assessment 
     development, school improvement, and academic achievement 
     awards.--
       ``(A) Allotments.--The Secretary shall allot to each State 
     for a fiscal year an amount that bears the same relation to 
     the amount reserved under paragraph (1) for the fiscal year 
     as the amount all local educational agencies in the State 
     received under section 1124 for the fiscal year bears to the 
     amount all local educational agencies in all States received 
     under section 1124 for the fiscal year, except that no State 
     shall receive less than 0.5 percent of the amount reserved 
     under paragraph (1) for the fiscal year.
       ``(B) Use of funds.--Funds allotted under subparagraph (A) 
     shall be used by a State to carry out section 1111(b)(3), 
     subsections (c) and (d) of section 1116, and section 1117.
       ``(C) Public notice and comment.--Each State using funds 
     allotted under this subsection shall--
       ``(i) provide the public with adequate and efficient notice 
     of the proposed uses of the funds;
       ``(ii) provide the opportunity for parents, educators, and 
     all other interested members of the community to comment 
     regarding the proposed uses of funds; and
       ``(iii) provide the opportunity described in clause (ii) in 
     accordance with any applicable State law specifying how the 
     comments may be received, and how the comments may be 
     reviewed by any member of the public.
       ``(D) Definition.--For purposes of this subsection, the 
     term `State' means each of the several States of the United 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       ``(b) State Reservation and Allocation for School 
     Improvement.--
       ``(1) Payment for school improvement.--
       ``(A) In general.--Except as provided in paragraph (3), for 
     fiscal year 2001 and each succeeding fiscal year each State 
     may reserve for the proper and efficient performance of its 
     duties under subsections (c) and (d) of section 1116, and 
     section 1117, one-half of 1 percent of the funds made 
     available to the State under--
       ``(i) part A, except that such reserved amount shall not 
     exceed one-half of 1 percent of the funds made available to 
     the State under part A for fiscal year 2000; and
       ``(ii) part C of this title, and part B of title III, for 
     the fiscal year for which the reservation is made.
       ``(B) Minimum.--The total amount that may be reserved by 
     each State, other than the outlying areas, under this 
     subsection for any fiscal year, when added to amounts 
     appropriated for such fiscal year under section 1002(f) that 
     are allocated to the State under paragraph (2), if any, may 
     not be less than $200,000. The total amount that may be 
     reserved by each outlying area under this subsection for any 
     fiscal year, when added to amounts appropriated for such 
     fiscal year under section 1002(f) that are allocated under 
     paragraph (2) to the outlying area, if any, may not be less 
     than $25,000.
       ``(C) Special rule.--If the amount reserved under 
     subparagraph (A) when added to the amount made available 
     under section 1002(f) for a State is less than $200,000 for 
     any fiscal year, then such State may reserve such additional 
     funds under parts A and C of this title, and part C of title 
     III, as are necessary to make $200,000 available to such 
     State.
       ``(2) Additional State Allocations for School 
     Improvement.--From the amount appropriated under section 
     1002(f) for any fiscal year, each State shall be eligible to 
     receive an amount that bears the same ratio to the amount 
     appropriated as the amount allocated to the State under part 
     A (other than section 1120(e)) bears to the total amount 
     allocated to all States under part A (other than section 
     1120(e)).''.

                         PART A--BASIC PROGRAMS

     SEC. 111. STATE PLANS.

       Section 1111 (20 U.S.C. 6311) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``the Goals 2000: Educate America Act,'' 
     and inserting ``the Individuals with Disabilities Education 
     Act, the Carl D. Perkins Vocational and Technical Education 
     Act of 1998, the Head Start Act,''; and
       (ii) by striking ``14306'' and inserting ``6506''; and
       (B) in paragraph (2), by striking ``14302'' and inserting 
     ``6502'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by amending subparagraph (B) to read as follows:
       ``(B) The standards described in subparagraph (A) shall be 
     the same standards that the State applies to all schools and 
     children in the State.''; and
       (ii) by amending subparagraph (C) to read as follows:
       ``(C) The State shall have the standards described in 
     subparagraph (A) for elementary school and secondary school 
     children served under this part in subjects determined by the 
     State that include at least mathematics, and reading or 
     language arts, and such standards shall require the same 
     knowledge, skills, and levels of performance for all 
     children.'';
       (B) in paragraph (2), by amending subparagraph (B) to read 
     as follows:
       ``(B) Adequate yearly progress shall be defined in a 
     manner--
       ``(i) that is sufficient to achieve the goal of all 
     children served under this part meeting the State's 
     proficient and advanced levels of performance within 10 
     years;
       ``(ii) that results in continuous and substantial academic 
     improvement for all students, including economically 
     disadvantaged and limited English proficient students, except 
     that this clause shall not apply if the State demonstrates to 
     the Secretary that the State has an insufficient number of 
     economically disadvantaged or limited English proficient 
     students;
       ``(iii) that is based primarily on the standards described 
     in paragraph (1) and the assessments

[[Page 6112]]

     aligned to State standards described in paragraph (3), and 
     shall include specific State determined yearly progress 
     requirements in subjects and grades included in the State 
     assessments; and
       ``(iv) that is linked to performance on the assessments 
     carried out under this section while permitting progress to 
     be established in part through other academic indicators, 
     whether defined in the State plan or in a State-approved 
     local educational agency plan, such as dropout rates.'';
       (C) in paragraph (3)--
       (i) in subparagraph (F)--

       (I) in clause (ii), by striking ``and'' after the 
     semicolon;
       (II) in clause (iii), by inserting ``and'' after the 
     semicolon; and
       (III) by adding at the end the following:

       ``(iv) notwithstanding clause (iii), the assessment (using 
     tests written in English) of reading or language arts of any 
     student who has attended school in the United States 
     (excluding the Commonwealth of Puerto Rico) for 3 or more 
     consecutive years for the purpose of school 
     accountability;''; and
       (ii) by amending subparagraph (H) to read as follows:
       ``(H) provide individual student interpretive and 
     descriptive reports, which shall include scores or other 
     information on the attainment of student performance 
     standards, such as measures of student course work over time, 
     student attendance rates, student dropout rates, and student 
     participation in advanced level courses;''; and
       (D) in paragraph (5) by striking ``through the Office of 
     Bilingual Education and Minority Languages Affairs'' and 
     inserting ``, but shall not mandate a specific assessment or 
     mode of instruction'';
       (3) in subsection (c)--
       (A) in paragraph (1)(B)--
       (i) by striking ``1119 and'' and inserting ``1119,''; and
       (ii) by inserting ``, and parental involvement under 
     section 1118'' after ``1117'';
       (B) by redesignating paragraphs (5) and (6) as paragraphs 
     (8) and (9), respectively;
       (C) by inserting after paragraph (4) the following:
       ``(5) the State educational agency will inform the 
     Secretary and the public regarding how Federal laws hinder, 
     if at all, the ability of States to hold local educational 
     agencies and schools accountable for student academic 
     performance;
       ``(6) the State educational agency will inform the 
     Secretary and the public regarding how the State educational 
     agency is reducing, if necessary, State fiscal, accounting, 
     and other barriers to local school and school district 
     reform, including barriers to implementing schoolwide 
     programs;
       ``(7) the State educational agency will inform local 
     educational agencies of the local educational agencies' 
     ability to obtain waivers under part F of title VI and, if 
     the State is an Ed-Flex Partnership State, waivers under the 
     Educational Flexibility Partnership Act of 1999 (20 U.S.C. 
     5891a et seq.);''; and
       (D) by amending paragraph (9) (as so redesignated) to read 
     as follows:
       ``(9) the State will coordinate activities funded under 
     this part with other Federal activities as appropriate.'';
       (4) by redesignating subsections (d) through (g) as 
     subsections (e) through (h), respectively;
       (5) by inserting after subsection (c) the following:
       ``(d) Parental Involvement.--Each State plan shall 
     demonstrate that the State will support, in collaboration 
     with the regional educational laboratories, the collection 
     and dissemination to local educational agencies and schools 
     of effective parental involvement practices. Such practices 
     shall--
       ``(1) be based on the most current research on effective 
     parental involvement that fosters achievement to high 
     standards for all children; and
       ``(2) be geared toward lowering barriers to greater 
     participation in school planning, review, and improvement 
     experienced by parents.'';
       (6) in subsection (e)(1)(B) (as so redesignated), by 
     inserting ``, and who are familiar with educational 
     standards, assessments, accountability, and other diverse 
     educational needs of students'' before the semicolon;
       (7) in subsection (h) (as so redesignated), by striking 
     ``1998'' and inserting ``2005''; and
       (8) by adding at the end the following:
       ``(i) Privacy.--Information collected under this section 
     shall be collected and disseminated in a manner that protects 
     the privacy of individuals.

     SEC. 112. LOCAL EDUCATIONAL AGENCY PLANS.

       Section 1112 (20 U.S.C. 6312) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``the Goals'' and all 
     that follows through ``section 14306'' and inserting ``the 
     Individuals with Disabilities Education Act, the Carl D. 
     Perkins Vocational and Technical Education Act of 1998, the 
     Head Start Act, and other Acts, as appropriate''; and
       (B) in paragraph (2), by striking ``14304'' and inserting 
     ``6504'';
       (2) in subsection (b)--
       (A) in paragraph (3), by inserting ``, which strategy shall 
     be coordinated with activities under title II if the local 
     educational agency receives funds under title II'' before the 
     semicolon;
       (B) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) by striking ``programs, vocational'' and inserting 
     ``programs and vocational''; and
       (II) by striking ``, and school-to-work transition 
     programs''; and

       (ii) in subparagraph (B)--

       (I) by striking ``served under part C'' and all that 
     follows through ``1994''; and
       (II) by striking ``served under part D''; and

       (C) by amending paragraph (9) to read as follows:
       ``(9) where appropriate, a description of how the local 
     educational agency will use funds under this part to support 
     early childhood education programs under section 1120B.'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(1) inform eligible schools and parents of schoolwide 
     project authority;
       ``(2) provide technical assistance and support to 
     schoolwide programs;
       ``(3) work in consultation with schools as the schools 
     develop the schools' plans pursuant to section 1114 and 
     assist schools as the schools implement such plans or 
     undertake activities pursuant to section 1115 so that each 
     school can make adequate yearly progress toward meeting the 
     State content standards and State student performance 
     standards;
       ``(4) fulfill such agency's school improvement 
     responsibilities under section 1116, including taking 
     corrective actions under section 1116(c)(5);
       ``(5) work in consultation with schools as the schools 
     develop and implement their plans or activities under 
     sections 1118 and 1119;
       ``(6) coordinate and collaborate, to the extent feasible 
     and necessary as determined by the local educational agency, 
     with other agencies providing services to children, youth, 
     and families, including health and social services;
       ``(7) provide services to eligible children attending 
     private elementary and secondary schools in accordance with 
     section 1120, and timely and meaningful consultation with 
     private school officials regarding such services;
       ``(8) take into account the experience of model programs 
     for the educationally disadvantaged, and the findings of 
     relevant research indicating that services may be most 
     effective if focused on students in the earliest grades at 
     schools that receive funds under this part;
       ``(9) comply with the requirements of section 1119 
     regarding professional development;
       ``(10) inform eligible schools of the local educational 
     agency's authority to obtain waivers on the school's behalf 
     under part F of title VI, and if the State is an Ed-Flex 
     Partnership State, waivers under the Education Flexibility 
     Partnership Act of 1999; and
       ``(11) coordinate and collaborate, to the extent feasible 
     and necessary as determined by the local educational agency, 
     with other agencies providing services to children, youth, 
     and families.''; and
       (4) in subsection (e)--
       (A) in paragraph (1), by striking ``, except that'' and all 
     that follows through ``finally approved by the State 
     educational agency''; and
       (B) in paragraph (3)--
       (i) by striking ``professional development''; and
       (ii) by striking ``section 1119'' and inserting ``sections 
     1118 and 1119''.

     SEC. 113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

       Section 1113(b)(1) (20 U.S.C. 6313(b)(2)) is amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C)(iii), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) designate and serve a school attendance area or 
     school that is not an eligible school attendance area under 
     subsection (a)(2), but that was an eligible school attendance 
     area and was served in the fiscal year preceding the fiscal 
     year for which the determination is made, but only for 1 
     additional fiscal year.''.

     SEC. 114. SCHOOLWIDE PROGRAMS.

       Section 1114 (20 U.S.C. 6314) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--A local educational agency may use funds 
     under this part, together with other Federal, State, and 
     local funds, to upgrade the entire educational program of a 
     school that serves an eligible school attendance area in 
     which not less than 40 percent of the children are from low-
     income families, or not less than 40 percent of the children 
     enrolled in the school are from such families, for the 
     initial year of the schoolwide program.''; and
       (B) in paragraph (4)--
       (i) by amending the heading to read as follows: ``Exemption 
     from statutory and regulatory requirements.--''; and
       (ii) by adding at the end the following:
       ``(C) A school that chooses to use funds from such other 
     programs under this section shall not be required to maintain 
     separate fiscal accounting records, by program, that identify 
     the specific activities supported by those particular funds 
     as long as the school maintains records that demonstrate that 
     the schoolwide program, considered as a whole, addresses the 
     intent and purposes of each of the programs that were 
     consolidated to support the schoolwide program.''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B)(vii), by striking ``, if any, 
     approved under title III of the Goals 2000: Educate America 
     Act''; and
       (ii) in subparagraph (E), by striking ``, such as family 
     literacy services'' and inserting ``(including activities 
     described in section 1118), such

[[Page 6113]]

     as family literacy services, in-school volunteer 
     opportunities, or parent membership on school-based 
     leadership or management teams.''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking 
     ``Improving America's Schools Act of 1994'' and inserting 
     ``Educational Opportunities Act''; and
       (II) in clause (iv), by inserting ``in a language the 
     family can understand'' after ``results''; and

       (ii) in subparagraph (C)--

       (I) in clause (i)(II), by striking ``Improving America's 
     Schools Act of 1994'' and inserting ''Educational 
     Opportunities Act''; and
       (II) in clause (v), by striking ``the School-to-Work 
     Opportunities Act of 1994'' and inserting ``part C of title 
     II''.

     SEC. 115. TARGETED ASSISTANCE SCHOOLS.

       Section 1115 (20 U.S.C. 6315) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)(ii), by striking ``, yet'' and all 
     that follows through ``setting''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), insert ``or in early childhood 
     education services under this title,'' after ``program,''; 
     and
       (ii) in subparagraph (C)(i), by striking ``under part D (or 
     its predecessor authority)''; and
       (2) in subsection (c)(1)--
       (A) by amending subparagraph (G) to read as follows:
       ``(G) provide opportunities for professional development 
     with resources provided under this part, and to the extent 
     practicable, from other sources, for teachers, principals, 
     administrators, paraprofessionals, pupil services personnel, 
     and parents, who work with participating children in programs 
     under this section or in the regular education program; 
     and''; and
       (B) in subparagraph (H), by striking ``, such as family 
     literacy services'' and inserting ``(including activities 
     described in section 1118), such as family literacy services, 
     in-school volunteer opportunities, or parent membership on 
     school-based leadership or management teams.''.

     SEC. 116. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

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

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

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

     SEC. 117. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                   IMPROVEMENT.

       Section 1116 (20 U.S.C. 6317) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Local Review.--
       ``(1) In general.--Each local educational agency receiving 
     funds under this part shall--
       ``(A) use the State assessments described in the State 
     plan;
       ``(B) use any additional measures or indicators described 
     in the local educational agency's plan to review annually the 
     progress of each school served under this part to determine 
     whether the school is meeting, or making adequate progress as 
     defined in section 1111(b)(2)(A)(i) toward enabling its 
     students to meet the State's student performance standards 
     described in the State plan; and
       ``(C) provide the results of the local annual review to 
     schools so that the schools can continually refine the 
     program of instruction to help all children served under this 
     part in those schools meet the State's student performance 
     standards.
       ``(2) Local reports.--(A) Following the annual review 
     specified in paragraph (1)(B), each local educational agency 
     receiving funds under this part shall prepare and disseminate 
     an annual performance report regarding each school that 
     receives funds under this part. The report, at a minimum, 
     shall include information regarding--
       ``(i) each school's performance in making adequate yearly 
     progress and whether the school has been identified for 
     school improvement;
       ``(ii) the progress of each school in enabling all students 
     served under this part to meet the State-determined levels of 
     performance, including the progress of economically 
     disadvantaged students and limited English proficient 
     students, except that this clause shall not apply to a State 
     if the State demonstrates that the State has an insufficient 
     number of economically disadvantaged or limited English 
     proficient students; and
       ``(iii) any other information the local educational agency 
     determines appropriate (such as information on teacher 
     quality, school safety, and drop-out rates).
       ``(B) The local educational agency shall publicize and 
     disseminate the report to teachers and other staff, parents, 
     students, and the community. Such report shall be concise and 
     presented in a format and manner that parents can understand. 
     The local educational agency may issue individual school 
     performance reports directly to teachers and other staff, 
     parents, students, and the community, or the local 
     educational agency may publicize and disseminate the report 
     through a widely read or distributed medium, such as posting 
     on the Internet or distribution to the media.
       ``(C) Information collected and reported under this section 
     shall be collected and disseminated in a manner that protects 
     the privacy of individuals.
       ``(D) In the case of a local educational agency for which 
     the State report described in section 1116(d) contains data 
     about an individual school served by the local educational 
     agency that is equivalent to the data required by this 
     subsection, such local educational agency shall not be 
     required to prepare or distribute a report regarding such 
     school under this paragraph.'';
       (2) by amending subsection (c) to read as follows:
       ``(c) School Improvement.--
       ``(1) In general.--(A) A local educational agency shall 
     identify for school improvement any school served under this 
     part that for 2 consecutive years failed to make adequate 
     yearly progress as defined in the State's plan in section 
     1111, except that in the case of a targeted assistance 
     program under section 1115, a local educational agency may 
     review the progress of only those students in such school who 
     are served under this part.
       ``(B) The 2 year period described in clause (i) shall 
     include any continuous period of time immediately preceding 
     the date of enactment of the Education Opportunities Act, 
     during which a school did not make adequate yearly progress 
     as defined in the State's plan, as such plan was in effect on 
     the day preceding the date of such enactment.
       ``(C) Before identifying a school for school improvement 
     under subparagraph (A), the local educational agency shall 
     provide the school with an opportunity to review the school-
     level data, including assessment data, on which such 
     identification is based. The review period shall not exceed 
     30 days, and at the end of the review period the local 
     educational agency shall make a final determination as to the 
     school improvement status of the school. If the school 
     believes that such identification for school improvement is 
     in error for statistical or other substantive reasons, such 
     school may provide evidence to the local educational agency 
     to support such belief.
       ``(2) School plan.--(A) Each school identified under 
     paragraph (1), in consultation with parents, the local 
     educational agency, and the

[[Page 6114]]

     school support team or other outside experts, shall revise a 
     school plan that addresses the fundamental teaching and 
     learning needs in the school and--
       ``(i) describes the specific achievement problems to be 
     solved;
       ``(ii) includes research-based strategies, supported with 
     specific goals and objectives, that have the greatest 
     likelihood of improving the performance of participating 
     children in meeting the State's student performance 
     standards;
       ``(iii) explains how those strategies will work to address 
     the achievement problems identified under clause (i);
       ``(iv) addresses the need for high-quality staff by setting 
     goals for ensuring that high quality professional development 
     programs are supported with funds under this part;
       ``(v) addresses the professional development needs of 
     instructional staff by committing to spend not less than 10 
     percent of the funds received by the school under this part 
     during 1 fiscal year for professional development, which 
     professional development shall increase the content knowledge 
     of teachers and build the capacity of the teachers to align 
     classroom instruction with challenging content standards and 
     to bring all students to proficient or advanced levels of 
     performance as determined by the State;
       ``(vi) identifies specific goals and objectives the school 
     will undertake for making adequate yearly progress, which 
     goals and objectives shall be consistent with State and local 
     standards;
       ``(vii) specifies the responsibilities of the school and 
     the local educational agency, including how the local 
     educational agency will hold the school accountable for, and 
     assist the school in, meeting the school's obligations to 
     provide enriched and accelerated curricula, effective 
     instructional methods, high quality professional development, 
     and timely and effective individual assistance, in 
     partnership with parents; and
       ``(viii) includes strategies to promote effective parental 
     involvement in the school.
       ``(B) The school shall submit the plan or revised plan to 
     the local educational agency for approval within 3 months of 
     being identified. The local educational agency shall promptly 
     subject the plan to a review process, work with the school to 
     revise the plan as necessary, and approve the plan within 1 
     month of submission. The school shall implement the plan as 
     soon as the plan is approved.
       ``(3) Parental notification.--Each school identified under 
     paragraph (1) shall in understandable language and form, 
     promptly notify the parents of each student enrolled in the 
     school that the school was designated by the local 
     educational agency as needing improvement and provide with 
     the notification--
       ``(A) the reasons for such designation;
       ``(B) information about opportunities for parents to 
     participate in the school improvement process; and
       ``(C) an explanation of the option afforded to parents, 
     pursuant to paragraph (6), to transfer their child to another 
     public school, including a public charter school, that is not 
     identified for school improvement.
       ``(4) Technical assistance.--(A) For each school identified 
     for school improvement under paragraph (1), the local 
     educational agency shall provide technical assistance as the 
     school develops and implements its plan. Such technical 
     assistance shall include effective methods and research-based 
     instructional strategies.
       ``(B) Such technical assistance shall be designed to 
     strengthen the core academic program for the students served 
     under this part and addresses specific elements of student 
     performance problems, including problems, if any, in 
     implementing the parental involvement requirements described 
     in section 1118, the professional development requirements 
     described in section 1119, and the responsibilities of the 
     school and local educational agency under the school plan.
       ``(5) Corrective action.--In order to help students served 
     under this part meet challenging State standards, each local 
     educational agency shall implement a system of corrective 
     action in accordance with the following:
       ``(A) After providing technical assistance under paragraph 
     (4), the local educational agency may take corrective action 
     at any time with respect to a school that has been identified 
     under paragraph (1), but shall take corrective action with 
     respect to any school that fails to make adequate yearly 
     progress, as defined by the State, at the end of the second 
     year following the school's identification under paragraph 
     (1) and shall continue to provide technical assistance while 
     instituting any corrective action.
       ``(B) Consistent with State and local law, in the case of a 
     school described in subparagraph (A) for which corrective 
     action is required, the local educational agency shall not 
     take less than 1 of the following corrective actions:
       ``(i) Instituting and fully implementing a new curriculum 
     that is based on State and local standards, including 
     appropriate research-based professional development for all 
     relevant staff that offers substantial promise of improving 
     educational achievement for low-performing students.
       ``(ii) Restructuring the school, such as by--

       ``(I) making alternative governance arrangements (such as 
     the creation of a public charter school); or
       ``(II) creating schools within schools or other small 
     learning environments.

       ``(iii) Developing and implementing a joint plan between 
     the local educational agency and the school that addresses 
     specific elements of student performance problems and that 
     specifies the responsibilities of the local educational 
     agency and the school under the plan.
       ``(iv) Reconstituting the school staff.
       ``(v) Decreasing decisionmaking authority at the school 
     level.
       ``(C) Consistent with State and local law, in the case of a 
     school described in subparagraph (A), the local educational 
     agency may take the following corrective actions:
       ``(i) Deferring, reducing, or withholding funds.
       ``(ii) Restructuring or abolishing the school.
       ``(D) A local educational agency may delay, for a period 
     not to exceed 1 year, implementation of corrective action 
     if--
       ``(i) the local educational agency assesses the school's 
     performance and determines that the school is meeting the 
     specific State-determined yearly progress requirements in 
     subjects and grades included in the State assessments; and
       ``(ii) the school will meet the State's criteria for 
     adequate yearly progress within 1 year;
       ``(E) The local educational agency shall publish, and 
     disseminate to the public and to parents, in a format and, to 
     the extent practicable, in a language that the parents can 
     understand, any corrective action the local educational 
     agency takes under this paragraph, through such means as the 
     Internet, the media, and public agencies.
       ``(6) Public school choice.--
       ``(A) Schools identified for improvement.--
       ``(i) Schools identified on or before enactment.--Not later 
     than 6 months after the date of the enactment of the 
     Educational Opportunities Act, a local educational agency 
     shall provide all students enrolled in a school identified 
     (on or before such date of enactment) under paragraphs (1) 
     and (5) with an option to transfer to any other public school 
     within the local educational agency or any public school 
     consistent with subparagraph (B), including a public charter 
     school that has not been identified for school improvement, 
     unless such option to transfer is prohibited--

       ``(I) under the provisions of a State or local law; or
       ``(II) by a local educational agency policy that is 
     approved by a local school board.

       ``(ii) Schools identified after enactment.--Not later than 
     6 months after the date on which a local educational agency 
     identifies a school under paragraphs (1) and (5), the agency 
     shall provide all students enrolled in such school with an 
     option described in clause (i).
       ``(B) Cooperative agreements.--If all public schools in the 
     local educational agency to which a child may transfer are 
     identified under paragraphs (1) and (5), then the agency, to 
     the extent practicable, shall establish a cooperative 
     agreement with other local educational agencies in the area 
     for the transfer, unless the transfer is prohibited under--
       ``(i) the provisions of a State or local law; or
       ``(ii) a local educational agency policy that is approved 
     by a local school board.
       ``(C) Transportation.--
       ``(i) In general.--The local educational agency in which 
     the schools have been identified under paragraph (1) may use 
     funds under this part to provide transportation to students 
     whose parents choose to transfer their child or children to a 
     different school.
       ``(ii) Corrective action.--If a school has been identified 
     under paragraph (5), the local educational agency shall 
     provide such students transportation (or the costs of 
     transportation) to schools not identified under paragraph (1) 
     or (5).
       ``(iii) Maximum amount.--Notwithstanding any other 
     provision of this paragraph, the amount of assistance 
     provided under this part for a student who elects a transfer 
     under this paragraph shall not exceed the per pupil 
     expenditures for elementary school or secondary school 
     students as provided by the local educational agency that 
     serves the school involved in the transfer.
       ``(D) Continue option.--Once a school is no longer 
     identified for school improvement, the local educational 
     agency shall continue to provide public school choice as an 
     option to students in such school for a period of not less 
     than 2 years.
       ``(7) State educational agency responsibilities.--If a 
     State educational agency determines that a local educational 
     agency failed to carry out the local educational agency's 
     responsibilities under this section, the State educational 
     agency shall take into account such action as the State 
     educational agency finds necessary, consistent with this 
     section, to improve the affected schools and to ensure that 
     the local educational agency carries out the local 
     educational agency's responsibilities under this section.
       ``(8) Special rule.--Schools that, for at least 2 of the 3 
     years following identification under paragraph (1), make 
     adequate progress toward meeting the State's proficient and 
     advanced levels of performance shall no longer need to be 
     identified for school improvement.
       ``(9) Waivers.--The State educational agency shall review 
     any waivers approved for a school designated for improvement 
     or corrective action prior to the date of enactment of the 
     Educational Opportunities Act and shall terminate any waiver 
     approved by the State under the Educational Flexibility 
     Partnership Act of 1999 if the State determines, after notice 
     and an opportunity for a hearing, that the waiver is not 
     helping such school to make yearly progress to meet the 
     objectives and specific goals described in the school's 
     improvement plan.''; and
       (3) in subsection (d)--

[[Page 6115]]

       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--(A) A State educational agency shall 
     annually review the progress of each local educational agency 
     receiving funds under this part to determine whether schools 
     receiving assistance under this part are making adequate 
     progress as defined in section 1111(b)(2)(A)(ii) toward 
     meeting the State's student performance standards.
       ``(B) State reports.--Following the annual review specified 
     in subparagraph (A), each State educational agency that 
     receives funds under this part shall prepare and disseminate 
     an annual performance report regarding each local educational 
     agency that receives funds under this part.
       ``(C) Contents.--The State, at a minimum, shall include in 
     the report information on each local educational agency 
     regarding--
       ``(i) local educational agency performance in making 
     adequate yearly progress, including the number and percentage 
     of schools that did and did not make adequate yearly 
     progress;
       ``(ii) the progress of the local educational agency in 
     enabling all students served under this part to meet the 
     State's proficient and advanced levels of performance, 
     including the progress of economically disadvantaged students 
     and limited English proficient students, except that this 
     clause shall not apply to a State if the State demonstrates 
     that the State has an insufficient number of economically 
     disadvantaged or limited English proficient students; and
       ``(iii) any other information the State determines 
     appropriate (such as information on teacher quality, school 
     safety, and drop-out rates).
       ``(D) Parent and public dissemination.--The State shall 
     publicize and disseminate to local educational agencies, 
     teachers and other staff, parents, students, and the 
     community, the report. Such report shall be concise and 
     presented in a format and manner that parents can understand. 
     The State may issue local educational agency performance 
     reports directly to the local educational agencies, teachers 
     and other staff, parents, students, and the community or the 
     State may publicize and disseminate the report through a 
     widely read or distributed medium, such as posting on the 
     Internet or distribution to the media.''.
       (B) by amending paragraph (4) to read as follows:
       ``(4) Local educational agency revisions.--(A) Each local 
     educational agency identified under paragraph (3) shall, not 
     later than 3 months after being so identified, revise a local 
     educational agency plan as described under section 1112. The 
     plan shall--
       ``(i) include specific State-determined yearly progress 
     requirements in subjects and grades to ensure that all 
     students will meet proficient levels of performance within 10 
     years;
       ``(ii) address the fundamental teaching and learning needs 
     in the schools of that agency, and the specific academic 
     problems of low-performing students including a determination 
     of why the local educational agency's prior plan failed to 
     bring about increased student achievement and performance;
       ``(iii) incorporate research-based strategies that 
     strengthen the core academic program in the local educational 
     agency;
       ``(iv) address the professional development needs of the 
     instructional staff by committing to spend not less than 10 
     percent of the funds received by the school under this part 
     during 1 fiscal year for professional development, which 
     professional development shall increase the content knowledge 
     of teachers and build the capacity of the teachers to align 
     classroom instruction with challenging content standards and 
     to bring all students to proficient or advanced levels of 
     performance as determined by the State;
       ``(v) identify specific goals and objectives the local 
     educational agency will undertake for making adequate yearly 
     progress, which goals and objectives shall be consistent with 
     State standards;
       ``(vi) identify how the local educational agency will 
     provide written notification to parents in a format, and to 
     the extent practicable, in a language that the parents can 
     understand;
       ``(vii) specify the responsibilities of the State 
     educational agency and the local educational agency under the 
     plan; and
       ``(viii) include strategies to promote effective parental 
     involvement in the school.'';
       (C) by amending subparagraph (B) of paragraph (5) to read 
     as follows:
       ``(B) Technical assistance provided under this section by 
     the State educational agency or an entity authorized by such 
     agency shall be supported by effective methods and research-
     based instructional strategies.'';
       (D) in paragraph (6)--
       (i) by amending subparagraph (B) to read as follows:
       ``(B)(i) Consistent with State and local law, in order to 
     help students served under this part meet challenging State 
     and local standards, each State educational agency shall 
     implement a corrective action system in accordance with the 
     following:
       ``(I) After providing technical assistance as described 
     under paragraph (5), the State educational agency--

       ``(aa) may take corrective action at any time with respect 
     to a local educational agency that has been identified under 
     paragraph (3);
       ``(bb) shall take corrective action with respect to any 
     local educational agency that fails to make adequate yearly 
     progress, as defined by the State; and
       ``(cc) shall continue to provide technical assistance while 
     implementing any corrective action.

       ``(II) Consistent with State and local law, in the case of 
     a local educational agency described under subclause (I), the 
     State educational agency shall not take less than 1 of the 
     following corrective actions:

       ``(aa) Instituting and fully implementing a new curriculum 
     that is based on State and local standards, including 
     appropriate research-based professional development for all 
     relevant staff that offers substantial promise of improving 
     educational achievement for low-performing students.
       ``(bb) Restructuring the local educational agency.
       ``(cc) Developing and implementing a joint plan between the 
     State educational agency and the local educational agency 
     that addresses specific elements of student performance 
     problems and that specifies the responsibilities of the State 
     educational agency and the local educational agency under the 
     plan.
       ``(dd) Reconstituting school district personnel.
       ``(ee) Making alternative governance arrangements.

       ``(III) Consistent with State and local law, in the case of 
     a local educational agency described under subclause (I), the 
     State educational agency may take 1 of the following 
     corrective actions:

       ``(aa) Deferring, reducing, or withholding funds.
       ``(bb) Restructuring or abolishing the local educational 
     agency.
       ``(cc) Removal of particular schools from the jurisdiction 
     of the local educational agency and establishment of 
     alternative arrangements for public governance and 
     supervision of such schools.
       ``(dd) Appointment by the State educational agency of a 
     receiver or trustee to administer the affairs of the local 
     educational agency in place of the superintendent and school 
     board.

       ``(ii) Notwithstanding clause (i), corrective actions taken 
     pursuant to this section shall not include the actions 
     described in subclauses (I), (II), and (III) of clause (i) 
     until the State has developed assessments that meet the 
     requirements of paragraph (3)(C) of section 1111(b).''; and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Hearing.--Prior to implementing any corrective 
     action, the State educational agency shall provide notice and 
     a hearing to the affected local educational agency, if State 
     law provides for such notice and hearing. The hearing shall 
     take place not later than 45 days following the decision to 
     implement corrective action.
       ``(D) Notification to parents.--The State educational 
     agency shall publish, and disseminate to parents and the 
     public, any corrective action the State educational agency 
     takes under this paragraph through a widely read or 
     distributed medium.
       ``(E) Delay.--A State educational agency may delay, for a 
     period not to exceed 1 year, implementation of corrective 
     action if--
       ``(i) the State educational agency determines that the 
     local educational agency is meeting the State-determined 
     yearly progress requirements in subjects and grades included 
     in the State assessments; and
       ``(ii) the schools within the local educational agency will 
     meet the State's criteria for improvement within 1 year.
       ``(F) Waivers.--The State educational agency shall review 
     any waivers approved prior to the date of enactment of the 
     Educational Opportunities Act for a local educational agency 
     designated for improvement or corrective action and shall 
     terminate any waiver approved by the State under the 
     Educational Flexibility Partnership Act of 1999 if the State 
     determines, after notice and an opportunity for a hearing, 
     that the waiver is not helping the local educational agency 
     make yearly progress to meet the objectives and specific 
     goals described in the local educational agency's improvement 
     plan.''.

     SEC. 118. ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.

       Section 1117 (20 U.S.C. 6318) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Priorities.--In carrying out this section, a State 
     educational agency shall--
       ``(A) first, provide support and assistance to local 
     educational agencies subject to corrective action described 
     in section 1116 and assist schools, in accordance with 
     section 1116, for which a local educational agency has failed 
     to carry out its responsibilities under section 1116;
       ``(B) second, provide support and assistance to other local 
     educational agencies and schools identified as in need of 
     improvement under section 1116; and
       ``(C) third, provide support and assistance to other local 
     educational agencies and schools participating under this 
     part that need support and assistance in order to achieve the 
     purpose of this part.'';
       (2) in subsection (b), by striking ``the comprehensive 
     regional technical assistance centers under part A of title 
     XIII and'' and inserting ``comprehensive regional technical 
     assistance centers, and''; and
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Approaches.--In order to achieve the purpose 
     described in subsection (a), each such system shall provide 
     technical assistance and support through such approaches as--
       ``(A) school support teams which are composed of 
     individuals who are knowledgeable about research and practice 
     on teaching and

[[Page 6116]]

     learning, particularly about strategies for improving 
     educational results for low-achieving children and persons 
     knowledgeable about effective parental involvement programs, 
     including parents;
       ``(B) the designation and use of distinguished teachers and 
     principals, chosen from schools served under this part that 
     have been especially successful in improving academic 
     achievement;
       ``(C) providing assistance to the local educational agency 
     or school in the implementation of research-based 
     comprehensive school reform models; and
       ``(D) a review process designed to increase the capacity of 
     local educational agencies and schools to develop high-
     quality school improvement plans.'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``part which'' and all 
     that follows through the period and inserting ``part.''; and
       (ii) in subparagraph (C)--

       (I) by striking ``and may'' and inserting ``(and may''; and
       (II) by striking ``exemplary performance'' and inserting 
     ``exemplary performance)''; and

       (C) in paragraph (3)--
       (i) in the paragraph heading, by striking ``Educators'' and 
     inserting ``Teachers and Principals'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) The State may also recognize and provide financial 
     awards to teachers or principals in a school described in 
     paragraph (2) whose students consistently make significant 
     gains in academic achievement.'';
       (iii) in subparagraph (B), by striking ``educators'' and 
     inserting ``teachers or principals''; and
       (iv) by striking subparagraph (C).

     SEC. 119. PARENTAL INVOLVEMENT.

       Section 1118 (20 U.S.C. 6319) is amended--
       (1) in subsection (a)(2)(B), by inserting ``activities to 
     improve student achievement and student and school 
     performance'' after ``involvement'';
       (2) in subsection (b)(1)--
       (A) in the first sentence, by inserting ``(in a language 
     parents can understand)'' after ``distribute''; and
       (B) in the second sentence, insert ``shall be made 
     available to the local community and'' after ``Such policy'';
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``participating parents 
     in such areas as understanding the National'' and inserting 
     ``parents of children served by the school or local 
     educational agency, as appropriate, in understanding 
     America's'';
       (B) in paragraph (14), by striking ``and'' after the 
     semicolon;
       (C) by amending paragraph (15) to read as follows:
       ``(15) may establish a school district wide parent advisory 
     council to advise the school and local educational agency on 
     all matters related to parental involvement in programs 
     supported under this section; and''; and
       (D) by adding at the end the following:
       ``(16) shall provide such other reasonable support for 
     parental involvement activities under this section as parents 
     may request, which may include emerging technologies.'';
       (4) in subsection (f), by striking ``or with'' and 
     inserting ``, parents of migratory children, or parents 
     with''; and
       (5) by amending subsection (g) to read as follows:
       ``(g) Information From Parental Information and Resource 
     Centers.--In a State where a parental information and 
     resource center is established to provide training, 
     information, and support to parents and individuals who work 
     with local parents, local educational agencies, and schools 
     receiving assistance under this part, each school or local 
     educational agency that receives assistance under this part 
     and is located in the State, shall assist parents and 
     parental organizations by informing such parents and 
     organizations of the existence and purpose of such centers, 
     providing such parents and organizations with a description 
     of the services and programs provided by such centers, 
     advising parents on how to use such centers, and helping 
     parents to contact such centers.''.

     SEC. 120. PROFESSIONAL DEVELOPMENT.

       Section 1119 (20 U.S.C. 6320) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by amending subparagraph (A) to read 
     as follows:
       ``(A) support professional development activities that give 
     teachers, principals, administrators, paraprofessionals, 
     pupil services personnel, and parents the knowledge and 
     skills to provide students with the opportunity to meet 
     challenging State or local content standards and student 
     performance standards;'';
       (B) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (D) through (G), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) advance teacher understanding of effective 
     instructional strategies, based on research for improving 
     student achievement, at a minimum in reading or language arts 
     and mathematics;
       ``(C) be of sufficient intensity and duration (not to 
     include 1-day or short-term workshops and conferences) to 
     have a positive and lasting impact on the teacher's 
     performance in the classroom, except that this subparagraph 
     shall not apply to an activity if such activity is 1 
     component of a long-term comprehensive professional 
     development plan established by the teacher and the teacher's 
     supervisor based upon an assessment of the needs of the 
     teacher, the needs of students, and the needs of the local 
     educational agency;'';
       (D) in subparagraph (E) (as so redesignated), by striking 
     ``title III of the Goals 2000: Educate America Act,'';
       (E) in subparagraph (F) (as so redesignated), by striking 
     ``and'' after the semicolon;
       (F) in subparagraph (G) (as so redesignated), by striking 
     the period and inserting a semicolon; and
       (G) by adding at the end the following:
       ``(H) to the extent appropriate, provide training for 
     teachers in the use of technology and the applications of 
     technology that are effectively used--
       ``(i) in the classroom to improve teaching and learning in 
     the curriculum; and
       ``(ii) in academic content areas in which the teachers 
     provide instruction;
       ``(I) be regularly evaluated for their impact on increased 
     teacher effectiveness and improved student performance and 
     achievement, with the findings of such evaluations used to 
     improve the quality of professional development; and
       ``(J) include strategies for identifying and eliminating 
     gender and racial bias in instructional materials, methods, 
     and practices.''; and
       (2) in subsection (g), by striking ``title III of the Goals 
     2000: Educate America Act,'' and inserting ``other Acts''.

     SEC. 120A. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       (a) Amendments.--Section 1120 (20 U.S.C. 6321) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``that address their 
     needs, and shall ensure that teachers and families of such 
     children participate, on an equitable basis, in services and 
     activities under sections 1118 and 1119'' before the period;
       (B) in paragraph (3), by inserting ``and shall be provided 
     in a timely manner'' before the period; and
       (C) in paragraph (4), insert ``as determined by the local 
     educational agency each year or every 2 years'' before the 
     period;
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (C), by striking ``and where'' and 
     inserting ``, where, and by whom'';
       (ii) by amending subparagraph (D) to read as follows:
       ``(D) how the services will be assessed and how the results 
     of that assessment will be used to improve those services;'';
       (iii) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(F) how and when the local educational agency will make 
     decisions about the delivery of services to eligible private 
     school children, including a thorough consideration and 
     analysis of the views of private school officials regarding 
     the provision of contract services through potential third 
     party providers, and if the local educational agency 
     disagrees with the views of the private school officials on 
     such provision of services, the local educational agency 
     shall provide in writing to such private school officials an 
     analysis of the reasons why the local educational agency has 
     chosen not to so provide such services.''; and
       (B) by adding at the end the following:
       ``(4) Consultation.--Each local educational agency shall 
     provide to the State educational agency, and maintain in the 
     local educational agency's records, a written affirmation 
     signed by officials of each participating private school that 
     the consultation required by this section has occurred. If a 
     private school declines in writing to have eligible children 
     in the private school participate in services provided under 
     this section, the local educational agency is not required to 
     further consult with the private school officials or to 
     document the local educational agency's consultation with the 
     private school officials until the private school officials 
     request in writing such consultation. The local educational 
     agency shall inform the private school each year of the 
     opportunity for eligible children to participate in services 
     provided under this section.
       ``(5) Compliance.--A private school official shall have the 
     right to appeal to the State educational agency the decision 
     of a local educational agency as to whether consultation 
     provided for in this section was meaningful and timely, and 
     whether due consideration was given to the views of the 
     private school official. If the private school official 
     wishes to appeal the decision, the basis of the claim of 
     noncompliance with this section by the local educational 
     agencies shall be provided to the State educational agency, 
     and the local educational agency shall forward the 
     appropriate documentation to the State educational agency.'';
       (3) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (4) by inserting after subsection (b) the following:
       ``(c) Allocation for Equitable Service to Private School 
     Students.--
       ``(1) Calculation.--A local educational agency shall have 
     the final authority, consistent with this section, to 
     calculate the number of private school children, ages 5 
     through 17, who are low-income by--
       ``(A) using the same measure of low-income used to count 
     public school children;
       ``(B) using the results of a survey that, to the extent 
     possible, protects the identity of families of private school 
     students, and allowing such survey results to be extrapolated 
     if complete actual data are unavailable; or

[[Page 6117]]

       ``(C) applying the low-income percentage of each 
     participating public school attendance area, determined 
     pursuant to this section, to the number of private school 
     children who reside in that school attendance area.
       ``(2) Complaint process.--Any dispute regarding low-income 
     data for private school students shall be subject to the 
     complaint process authorized in section 10105.'';
       (5) in subsection (e) (as so redesignated),
       (A) in paragraph (2), by striking ``14505 and 14506'' and 
     inserting ``10105 and 10106'';
       (B) by redesignating paragraphs (1) and (2) (as so amended) 
     as subparagraphs (A) and (B), respectively;
       (C) by striking ``If a'' and inserting the following:
       ``(1)  In general.--If a''; and
       (D) by adding at the end the following:
       ``(2) Determination.--In making the determination under 
     paragraph (1), the Secretary shall consider 1 or more 
     factors, including the quality, size, scope, or location of 
     the program, or the opportunity of eligible children to 
     participate in the program.''; and
       (6) by repealing subsection (f) (as so redesignated).
       (b) Effective Date.--The amendment made by subsection 
     (a)(4) shall take effect on September 30, 2003.
       (c) Conforming Amendment.--Section 1120A(a) (20 U.S.C. 
     6322(a)) is amended by striking ``14501 of this Act'' and 
     inserting ``10101''.

     SEC. 120B. EARLY CHILDHOOD EDUCATION.

       Section 1120B (20 U.S.C. 6321) is amended--
       (1) by amending the section heading to read as follows:

     ``SEC. 1120B. COORDINATION REQUIREMENTS; EARLY CHILDHOOD 
                   EDUCATION SERVICES.'';

       (2) in subsection (c), by striking ``Head Start Act 
     Amendments of 1994'' and inserting ``Head Start Amendments of 
     1998''; and
       (3) by adding at the end the following:
       ``(d) Early Childhood Services.--A local educational agency 
     may use funds received under this part to provide preschool 
     services--
       ``(1) directly to eligible preschool children in all or 
     part of its school district;
       ``(2) through any school participating in the local 
     educational agency's program under this part; or
       ``(3) through a contract with a local Head Start agency, an 
     eligible entity operating an Even Start program, a State-
     funded preschool program, or a comparable public early 
     childhood development program.
       ``(e) Early Childhood Education Programs.--Early childhood 
     education programs operated with funds provided under this 
     part may be operated and funded jointly with Even Start 
     programs under part B of this title, Head Start programs, or 
     State-funded preschool programs. Early childhood education 
     programs funded under this part shall--
       ``(1) focus on the developmental needs of participating 
     children, including their social, cognitive, and language-
     development needs, and use research-based approaches that 
     build on competencies that lead to school success, 
     particularly in language and literacy development and in 
     reading;
       ``(2) teach children to understand and use language in 
     order to communicate for various purposes;
       ``(3) enable children to develop and demonstrate an 
     appreciation of books; and
       ``(4) in the case of children with limited English 
     proficiency, enable the children to progress toward 
     acquisition of the English language.''.

     SEC. 120C. ALLOCATIONS.

       Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is 
     amended to read as follows:

                        ``Subpart 2--Allocations

     ``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 
                   OF THE INTERIOR.

       ``(a) Reservation of Funds.--From the amount appropriated 
     for any fiscal year under section 1002(a), the Secretary 
     shall reserve a total of 1 percent to provide assistance to--
       ``(1) the outlying areas on the basis of their respective 
     need for such assistance according to such criteria as the 
     Secretary determines will best carry out the purpose of this 
     part; and
       ``(2) the Secretary of the Interior in the amount necessary 
     to make payments pursuant to subsection (c).
       ``(b) Assistance to the Outlying Areas.--
       ``(1) In general.--From amounts made available under 
     subsection (a)(1) in each fiscal year the Secretary shall 
     make grants to local educational agencies in the outlying 
     areas.
       ``(2) Competitive grants.--
       ``(A) In general.--For fiscal years 2000 and 2001, the 
     Secretary shall reserve $5,000,000 from the amounts made 
     available under subsection (a)(1) to award grants, on a 
     competitive basis, to local educational agencies in the 
     Freely Associated States. The Secretary shall award such 
     grants according to the recommendations of the Pacific Region 
     Educational Laboratory which shall conduct a competition for 
     such grants.
       ``(B) Uses.--Except as provided in subparagraph (C), grant 
     funds awarded under this paragraph only may be used--
       ``(i) for programs described in this Act, including teacher 
     training, curriculum development, instructional materials, or 
     general school improvement and reform; and
       ``(ii) to provide direct educational services.
       ``(C) Administrative costs.--The Secretary may provide 5 
     percent of the amount made available for grants under this 
     paragraph to the Pacific Region Educational Laboratory to pay 
     the administrative costs of the Pacific Region Educational 
     Laboratory regarding activities assisted under this 
     paragraph.
       ``(c) Allotment to the Secretary of the Interior.--
       ``(1) In general.--The amount reserved for payments to the 
     Secretary of the Interior under subsection (a)(2) for any 
     fiscal year shall be, as determined pursuant to criteria 
     established by the Secretary, the amount necessary to meet 
     the special educational needs of--
       ``(A) Indian children on reservations served by elementary 
     schools and secondary schools for Indian children operated or 
     supported by the Department of the Interior; and
       ``(B) out-of-State Indian children in elementary schools 
     and secondary schools in local educational agencies under 
     special contracts with the Department of the Interior.
       ``(2) Payments.--From the amount reserved for payments to 
     the Secretary of the Interior under subsection (a)(2), the 
     Secretary of the Interior shall make payments to local 
     educational agencies, upon such terms as the Secretary 
     determines will best carry out the purposes of this part, 
     with respect to out-of-State Indian children described in 
     paragraph (1)(B). The amount of such payment may not exceed, 
     for each such child, the greater of--
       ``(A) 40 percent of the average per-pupil expenditure in 
     the State in which the agency is located; or
       ``(B) 48 percent of such expenditure in the United States.

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

       ``(a) In General.--For each of the fiscal years 2001 
     through 2005--
       ``(1) the amount appropriated to carry out this part that 
     is less than or equal to the amount appropriated to carry out 
     section 1124 for fiscal year 2000, shall be allocated in 
     accordance with section 1124;
       ``(2) the amount appropriated to carry out this part that 
     is not used under paragraph (1) that equals the amount 
     appropriated to carry out section 1124A for fiscal year 2000, 
     shall be allocated in accordance with section 1124A; and
       ``(3) any amount appropriated to carry out this part for 
     the fiscal year for which the determination is made that is 
     not used to carry out paragraphs (1) and (2) shall be 
     allocated in accordance with section 1125.
       ``(b) Adjustments Where Necessitated by Appropriations.--
       ``(1) In general.--If the sums made available under this 
     part for any fiscal year are insufficient to pay the full 
     amounts that all local educational agencies in States are 
     eligible to receive under sections 1124, 1124A, and 1125 for 
     such year, the Secretary shall ratably reduce the allocations 
     to such local educational agencies, subject to subsections 
     (c) and (d).
       ``(2) Additional funds.--If additional funds become 
     available for making payments under sections 1124, 1124A, and 
     1125 for such fiscal year, allocations that were reduced 
     under paragraph (1) shall be increased on the same basis as 
     the allocations were reduced.
       ``(c) Hold-Harmless Amounts.--
       ``(1) In general.--For each fiscal year the amount made 
     available to each local educational agency under each of 
     sections 1124, 1124A, and 1125 shall be not less than--
       ``(A) 95 percent of the amount made available to the local 
     educational agency under each such section for the preceding 
     fiscal year if the number of children counted for grants 
     under section 1124 is not less than 30 percent of the total 
     number of children aged 5 to 17 years, inclusive, served by 
     the local educational agency;
       ``(B) 90 percent of the amount made available to the local 
     educational agency under each such section for the preceding 
     fiscal year if such percentage is not less than 15 percent 
     and not more than 30 percent; and
       ``(C) 85 percent of the amount made available to the local 
     educational agency under each such section for the preceding 
     fiscal year if such percentage is less than 15 percent.
       ``(2) Special rules.--If sufficient funds are appropriated, 
     the hold-harmless amounts described in paragraph (1) shall be 
     paid to all local educational agencies that received grants 
     under section 1124, 1124A, or 1125 for the preceding fiscal 
     year, regardless of whether the local educational agency 
     meets the minimum eligibility criteria provided in section 
     1124(b), 1124A(a)(1)(A), or 1125(a), respectively, except 
     that a local educational agency that does not meet such 
     minimum eligibility criteria for 5 consecutive years shall no 
     longer be eligible to receive a hold-harmless amount under 
     this subsection.
       ``(3) County calculation basis.--Any fiscal year for which 
     the Secretary calculates grants on the basis of population 
     data for counties, the Secretary shall apply the hold-
     homeless percentages in paragraphs (1) and (2) to counties, 
     and if the Secretary's allocation for a county is not 
     sufficient to meet the hold-harmless requirements of this 
     subsection for every local educational agency within that 
     county, then the State educational agency shall reallocate 
     funds proportionately from all other local educational 
     agencies in the State that receive funds for the fiscal year 
     in excess of the hold-harmless amounts specified in this 
     paragraph.
       ``(d) Ratable Reductions.--
       ``(1) In general.--If the sums made available under this 
     part for any fiscal year are insufficient to pay the full 
     amounts that all States are eligible to receive under 
     subsection (c) for such year, the Secretary shall ratably 
     reduce such amounts for such year.

[[Page 6118]]

       ``(2) Additional funds.--If additional funds become 
     available for making payments under subsection (c) for such 
     fiscal year, amounts that were reduced under paragraph (1) 
     shall be increased on the same basis as such amounts reduced.

     ``SEC. 1123. DEFINITIONS.

       ``In this subpart:
       ``(1) Freely associated states.--The term `Freely 
     Associated States' means the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and the Republic 
     of Palau.
       ``(2) Outlying areas.--The term `outlying areas' means the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(3) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.

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

       ``(a) Amount of Grants.--
       ``(1) Grants for local educational agencies and puerto 
     rico.--Except as provided in paragraph (4) and in section 
     1126, the grant that a local educational agency is eligible 
     to receive under this section for a fiscal year is the amount 
     determined by multiplying--
       ``(A) the number of children counted under subsection (c); 
     and
       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     subparagraph shall not be less than 32 percent, and not more 
     than 48 percent, of the average per-pupil expenditure in the 
     United States.
       ``(2) Calculation of grants.--
       ``(A) Allocations to local educational agencies.--The 
     Secretary shall calculate grants under this section on the 
     basis of the number of children counted under subsection (c) 
     for local educational agencies, unless the Secretary and the 
     Secretary of Commerce determine that some or all of those 
     data are unreliable or that their use would be otherwise 
     inappropriate, in which case--
       ``(i) the Secretary and the Secretary of Commerce shall 
     publicly disclose the reasons for their determination in 
     detail; and
       ``(ii) paragraph (3) shall apply.
       ``(B) Allocations to large and small local educational 
     agencies.--
       ``(i) Large local educational agencies.--In the case of an 
     allocation under this section to a large local educational 
     agency, the amount of the grant under this section for the 
     large local educational agency shall be the amount determined 
     under paragraph (1).
       ``(ii) Small local educational agencies.--

       ``(I) In general.--In the case of an allocation under this 
     section to a small local educational agency the State 
     educational agency may--

       ``(aa) distribute grants under this section in amounts 
     determined by the Secretary under paragraph (1); or
       ``(bb) use an alternative method approved by the Secretary 
     to distribute the portion of the State's total grants under 
     this section that is based on those small local educational 
     agencies.

       ``(II) Alternative method.--An alternative method under 
     subclause (I)(bb) shall be based on population data that the 
     State educational agency determines best reflect the current 
     distribution of children in poor families among the State's 
     small local educational agencies that meet the minimum number 
     of children to qualify described in subsection (b).
       ``(III) Appeal.--If a small local educational agency is 
     dissatisfied with the determination of the amount of its 
     grant by the State educational agency under subclause 
     (I)(bb), the small local educational agency may appeal the 
     determination to the Secretary, who shall respond within 45 
     days of receiving the appeal.

       ``(iii) Definitions.--In this subparagraph--

       ``(I) the term `large local educational agency' means a 
     local educational agency serving a school district with a 
     total population of 20,000 or more; and
       ``(II) the term `small local educational agency' means a 
     local educational agency serving a school district with a 
     total population of less than 20,000.

       ``(3) Allocations to counties.--
       ``(A) In general.--For any fiscal year to which this 
     paragraph applies, the Secretary shall calculate grants under 
     this section on the basis of the number of children counted 
     under section 1124(c) for counties, and State educational 
     agencies shall allocate county amounts to local educational 
     agencies, in accordance with regulations promulgated by the 
     Secretary.
       ``(B) Application.--In any State in which a large number of 
     local educational agencies overlap county boundaries, or for 
     which the State believes the State has data that would better 
     target funds than allocating the funds by county, the State 
     educational agency may apply to the Secretary for authority 
     to make the allocations under this part for a particular 
     fiscal year directly to local educational agencies without 
     regard to counties.
       ``(C) Allocations to local educational agencies.--If the 
     Secretary approves its application under subparagraph (B), 
     the State educational agency shall provide the Secretary an 
     assurance that the allocations will be made--
       ``(i) using precisely the same factors for determining a 
     grant as are used under this section; or
       ``(ii) using data that the State educational agency submits 
     to the Secretary for approval that more accurately target 
     poverty.
       ``(D) Appeal.--The State educational agency shall provide 
     the Secretary an assurance that a procedure is or will be 
     established through which local educational agencies that are 
     dissatisfied with determinations under subparagraph (B) may 
     appeal directly to the Secretary for a final determination.
       ``(4) Puerto rico.--For each fiscal year, the Secretary 
     shall determine the percentage which the average per-pupil 
     expenditure in the Commonwealth of Puerto Rico is of the 
     lowest average per-pupil expenditure of any of the 50 States. 
     The grant which the Commonwealth of Puerto Rico shall be 
     eligible to receive under this section for a fiscal year 
     shall be the amount arrived at by multiplying the number of 
     children counted under subsection (c) for the Commonwealth of 
     Puerto Rico by the product of--
       ``(A) the percentage determined under the preceding 
     sentence; and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(b) Minimum Number of Children To Qualify.--A local 
     educational agency is eligible for a basic grant under this 
     section for any fiscal year only if the number of children 
     counted under subsection (c) for that agency is--
       ``(1) 10 or more; and
       ``(2) more than 2 percent of the total school-age 
     population in the school district of the local educational 
     agency.
       ``(c) Children To Be Counted.--
       ``(1) Categories of children.--The number of children to be 
     counted for purposes of this section is the aggregate of--
       ``(A) the number of children aged 5 to 17, inclusive, in 
     the school district of the local educational agency from 
     families below the poverty level as determined under 
     paragraphs (2) and (3);
       ``(B) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency from families above the 
     poverty level as determined under paragraph (4); and
       ``(C) the number of children determined under paragraph (4) 
     for the preceding year as described in that paragraph, or for 
     the second preceding year, as the Secretary finds 
     appropriate) aged 5 to 17, inclusive, in the school district 
     of such agency in institutions for neglected and delinquent 
     children and youth (other than such institutions operated by 
     the United States), but not counted pursuant to chapter 1 of 
     subpart 2 of part C of title III for the purposes of a grant 
     to a State agency, or being supported in foster homes with 
     public funds.
       ``(2) Determination of number of children.--For the 
     purposes of this section, the Secretary shall determine the 
     number of children aged 5 to 17, inclusive, from families 
     below the poverty level on the basis of the most recent 
     satisfactory data, described in paragraph (3), available from 
     the Department of Commerce. The District of Columbia and the 
     Commonwealth of Puerto Rico shall be treated as individual 
     local educational agencies. If a local educational agency 
     contains 2 or more counties in their entirety, then each 
     county will be treated as if such county were a separate 
     local educational agency for purposes of calculating grants 
     under this part. The total of grants for such counties shall 
     be allocated to such a local educational agency, which local 
     educational agency shall distribute to schools in each county 
     within such agency a share of the local educational agency's 
     total grant that is no less than the county's share of the 
     population counts used to calculate the local educational 
     agency's grant.
       ``(3) Population updates.--In fiscal year 2001 and every 2 
     years thereafter, the Secretary shall use updated data on the 
     number of children, aged 5 to 17, inclusive, from families 
     below the poverty level for counties or local educational 
     agencies, published by the Department of Commerce, unless the 
     Secretary and the Secretary of Commerce determine that use of 
     the updated population data would be inappropriate or 
     unreliable. If the Secretary and the Secretary of Commerce 
     determine that some or all of the data referred to in this 
     paragraph are inappropriate or unreliable, the Secretary and 
     the Secretary of Commerce shall publicly disclose their 
     reasons. In determining the families which are below the 
     poverty level, the Secretary shall utilize the criteria of 
     poverty used by the Bureau of the Census in compiling the 
     most recent decennial census, in such form as those criteria 
     have been updated by increases in the Consumer Price Index 
     for all urban consumers, published by the Bureau of Labor 
     Statistics.
       ``(4) Other children to be counted.--For purposes of this 
     section, the Secretary shall determine the number of children 
     aged 5 to 17, inclusive, from families above the poverty 
     level on the basis of the number of such children from 
     families receiving an annual income, in excess of the current 
     criteria of poverty, from payments under a State program 
     funded under part A of title IV of the Social Security Act. 
     In making such determinations the Secretary shall utilize the 
     criteria of poverty used by the Bureau of the Census in 
     compiling the most recent decennial census for a family of 4 
     in such form as those criteria have been updated by increases 
     in the Consumer Price Index for all urban consumers, 
     published by the Bureau of Labor Statistics. The Secretary 
     shall determine the number of children aged 5 through 17 
     living in institutions for neglected or delinquent children, 
     or being supported in foster homes with public funds, on the 
     basis of the caseload data for the month of October of the 
     preceding fiscal year (using, in the case of children 
     described in the preceding sentence, the criteria of poverty 
     and the form of such criteria required by such sentence which 
     were determined for the calendar year preceding such month of 
     October) or, to the extent that such data are not available 
     to the Secretary before January of the calendar year in which 
     the

[[Page 6119]]

     Secretary's determination is made, then on the basis of the 
     most recent reliable data available to the Secretary at the 
     time of such determination. The Secretary of Health and Human 
     Services shall collect and transmit the information required 
     by this subparagraph to the Secretary not later than January 
     1 of each year. For the purpose of this section, the 
     Secretary shall consider all children who are in correctional 
     institutions to be living in institutions for delinquent 
     children.
       ``(5) Estimate.--When requested by the Secretary, the 
     Secretary of Commerce shall make a special updated estimate 
     of the number of children of such ages who are from families 
     below the poverty level (as determined under paragraph (2)) 
     in each school district, and the Secretary is authorized to 
     pay (either in advance or by way of reimbursement) the 
     Secretary of Commerce the cost of making this special 
     estimate. The Secretary of Commerce shall give consideration 
     to any request of the chief executive of a State for the 
     collection of additional census information. For purposes of 
     this section, the Secretary shall consider all children who 
     are in correctional institutions to be living in institutions 
     for delinquent children.
       ``(d) State Minimum.--Notwithstanding section 1122, the 
     aggregate amount allotted for all local educational agencies 
     within a State may not be less than the lesser of--
       ``(1) 0.25 percent of the total amount made available to 
     carry out this section for such fiscal year; or
       ``(2) the average of--
       ``(A) 0.25 percent of the total amount made available to 
     carry out this section for such fiscal year; and
       ``(B) the number of children in such State counted under 
     subsection (c) in the fiscal year multiplied by 150 percent 
     of the national average per-pupil payment made with funds 
     available under this section for that fiscal year.

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

       ``(a) Eligibility for and Amount of Grants.--
       ``(1) Eligibility.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, each local educational agency in a State that is 
     eligible for a grant under section 1124 for any fiscal year 
     is eligible for an additional grant under this section for 
     that fiscal year if the number of children counted under 
     section 1124(c) who are served by the agency exceeds--
       ``(i) 6,500; or
       ``(ii) 15 percent of the total number of children aged 5 
     through 17 served by the agency.
       ``(B) Minimum.--Notwithstanding section 1122, no State 
     shall receive under this section an amount that is less than 
     the lesser of--
       ``(i) 0.25 percent of the total amount made available to 
     carry out this section for such fiscal year; or
       ``(ii) the average of--

       ``(I) 0.25 percent of the sums available to carry out this 
     section for such fiscal year; and
       ``(II) the greater of--

       ``(aa) $340,000; or
       ``(bb) the number of children in such State counted for 
     purposes of this section in that fiscal year multiplied by 
     150 percent of the national average per-pupil payment made 
     with funds available under this section for that fiscal year.
       ``(2) Determination.--For each county or local educational 
     agency eligible to receive an additional grant under this 
     section for any fiscal year the Secretary shall determine the 
     product of--
       ``(A) the number of children counted under section 1124(c) 
     for that fiscal year; and
       ``(B) the amount in section 1124(a)(1)(B) for all States 
     except the Commonwealth of Puerto Rico, and the amount in 
     section 1124(a)(3) for the Commonwealth of Puerto Rico.
       ``(3) Amount.--The amount of the additional grant for which 
     an eligible local educational agency or county is eligible 
     under this section for any fiscal year shall be an amount 
     that bears the same ratio to the amount available to carry 
     out this section for that fiscal year as the product 
     determined under paragraph (2) for such local educational 
     agency for that fiscal year bears to the sum of such products 
     for all local educational agencies in the United States for 
     that fiscal year.
       ``(4) Local allocations.--
       ``(A) In general.--Grant amounts under this section shall 
     be calculated in the same manner as grant amounts are 
     calculated under section 1124(a) (2) and (3).
       ``(B) Special rule.--For any fiscal year for which the 
     Secretary allocates funds under this section on the basis of 
     counties, a State may reserve not more than 2 percent of the 
     amount made available to the State under this section for any 
     fiscal year to make grants to local educational agencies that 
     meet the criteria in paragraph (1)(A) (i) or (ii) but that 
     are in ineligible counties.
       ``(b) Ratable Reduction Rule.--If the sums available under 
     subsection (a) for any fiscal year for making payments under 
     this section are not sufficient to pay in full the total 
     amounts which all States are eligible to receive under 
     subsection (a) for such fiscal year, the maximum amounts that 
     all States are eligible to receive under subsection (a) for 
     such fiscal year shall be ratably reduced. In the case that 
     additional funds become available for making such payments 
     for any fiscal year during which the preceding sentence is 
     applicable, such reduced amounts shall be increased on the 
     same basis as they were reduced.
       ``(c) States Receiving 0.25 Percent or Less.--In States 
     that receive 0.25 percent or less of the total amount made 
     available to carry out this section for a fiscal year, the 
     State educational agency shall allocate such funds among the 
     local educational agencies in the State--
       ``(1) in accordance with paragraphs (2) and (4) of 
     subsection (a); or
       ``(2) based on their respective concentrations and numbers 
     of children counted under section 1124(c), except that only 
     those local educational agencies with concentrations or 
     numbers of children counted under section 1124(c) that exceed 
     the statewide average percentage of such children or the 
     statewide average number of such children shall receive any 
     funds on the basis of this paragraph.

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

       ``(a) Eligibility of Local Educational Agencies.--
       ``(1) In general.--A local educational agency in a State is 
     eligible to receive a targeted grant under this section for 
     any fiscal year if--
       ``(A) the number of children in the local educational 
     agency counted under section 1124(c), before application of 
     the weighted child count described in subsection (c), is at 
     least 10; and
       ``(B) if the number of children counted for grants under 
     section 1124(c), before application of the weighted child 
     count described in subsection (c), is at least 5 percent of 
     the total number of children aged 5 to 17 years, inclusive, 
     in the school district of the local educational agency.
       ``(2) Special rule.--For any fiscal year for which the 
     Secretary allocates funds under this section on the basis of 
     counties, funds made available as a result of applying this 
     subsection shall be reallocated by the State educational 
     agency to other eligible local educational agencies in the 
     State in proportion to the distribution of other funds under 
     this section.
       ``(b) Grants for Local Educational Agencies, the District 
     of Columbia, and the Commonwealth of Puerto Rico.--
       ``(1) In general.--The amount of the grant that a local 
     educational agency in a State (other than the Commonwealth of 
     Puerto Rico) is eligible to receive under this section for 
     any fiscal year shall be the product of--
       ``(A) the weighted child count determined under subsection 
     (c); and
       ``(B) the amount of the grant the local educational agency 
     is eligible to receive under section 1124(a)(1).
       ``(2) Puerto rico.--For each fiscal year, the amount of the 
     grant the Commonwealth of Puerto Rico is eligible to receive 
     under this section shall be equal to the number of children 
     counted under subsection (c) for the Commonwealth of Puerto 
     Rico, multiplied by the amount determined in section 
     1124(a)(4) for the Commonwealth of Puerto Rico.
       ``(c) Weighted Child Count.--
       ``(1) Weights for allocations to counties.--
       ``(A) In general.--For each fiscal year for which the 
     Secretary uses county population data to calculate grants, 
     the weighted child count used to determine a county's 
     allocation under this section is the larger of the 2 amounts 
     determined under subparagraphs (B) and (C).
       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that county who constitute not more than 12.20 
     percent, inclusive, of the county's total population aged 5 
     to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     12.20 percent, but not more than 17.70 percent, of such 
     population, multiplied by 1.75;
       ``(iii) the number of such children who constitute more 
     than 17.70 percent, but not more than 22.80 percent, of such 
     population, multiplied by 2.5;
       ``(iv) the number of such children who constitute more than 
     22.80 percent, but not more than 29.70 percent, of such 
     population, multiplied by 3.25; and
       ``(v) the number of such children who constitute more than 
     29.70 percent of such population, multiplied by 4.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 1,917, inclusive, of the 
     county's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 1,918 and 5,938, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 5,939 and 
     20,199, inclusive, in such population, multiplied by 2.0;
       ``(iv) the number of such children between 20,200 and 
     77,999, inclusive, in such population, multiplied by 2.5; and
       ``(v) the number of such children in excess of 77,999 in 
     such population, multiplied by 3.0.
       ``(D) Puerto rico.--Notwithstanding subparagraph (A), the 
     weighting factor for the Commonwealth of Puerto Rico under 
     this paragraph shall not be greater than the total number of 
     children counted under section 1124(c) multiplied by 1.72.
       ``(2) Weights for allocations to local educational 
     agencies.--
       ``(A) In general.--For each fiscal year for which the 
     Secretary uses local educational agency data, the weighted 
     child count used to determine a local educational agency's 
     grant under this section is the larger of the 2 amounts 
     determined under subparagraphs (B) and (C).

[[Page 6120]]

       ``(B) By percentage of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) for that local educational agency who constitute not 
     more than 14.265 percent, inclusive, of the agency's total 
     population aged 5 to 17, inclusive, multiplied by 1.0;
       ``(ii) the number of such children who constitute more than 
     14.265 percent, but not more than 21.553 percent, of such 
     population, multiplied by 1.75;
       ``(iii) the number of such children who constitute more 
     than 21.553 percent, but not more than 29.223 percent, of 
     such population, multiplied by 2.5;
       ``(iv) the number of such children who constitute more than 
     29.223 percent, but not more than 36.538 percent, of such 
     population, multiplied by 3.25; and
       ``(v) the number of such children who constitute more than 
     36.538 percent of such population, multiplied by 4.0.
       ``(C) By number of children.--The amount referred to in 
     subparagraph (A) is determined by adding--
       ``(i) the number of children determined under section 
     1124(c) who constitute not more than 575, inclusive, of the 
     agency's total population aged 5 to 17, inclusive, multiplied 
     by 1.0;
       ``(ii) the number of such children between 576 and 1,870, 
     inclusive, in such population, multiplied by 1.5;
       ``(iii) the number of such children between 1,871 and 
     6,910, inclusive, in such population, multiplied by 2.0;
       ``(iv) the number of such children between 6,911 and 
     42,000, inclusive, in such population, multiplied by 2.5; and
       ``(v) the number of such children in excess of 42,000 in 
     such population, multiplied by 3.0.
       ``(D) Puerto rico.--Notwithstanding subparagraph (A), the 
     weighting factor for the Commonwealth of Puerto Rico under 
     this paragraph shall not be greater than the total number of 
     children counted under section 1124(c) multiplied by 1.72.
       ``(d) Calculation of Grant Amounts.--Grant amounts under 
     this section shall be calculated in the same manner as grant 
     amounts are calculated under section 1124(a) (2) and (3).
       ``(e) State Minimum.--Notwithstanding any other provision 
     of this section or section 1122, from the total amount 
     available for any fiscal year to carry out this section, each 
     State shall be allotted not less than the lesser of--
       ``(1) 0.25 percent of the total amount made available to 
     carry out this section for such fiscal year; or
       ``(2) the average of--
       ``(A) 0.25 percent of the total amount made available to 
     carry out this section for such fiscal year; and
       ``(B) 150 percent of the national average grant under this 
     section per child described in section 1124(c), without 
     application of a weighted child count, multiplied by the 
     State's total number of children described in section 
     1124(c), without application of a weighted child count.

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

       ``(a) Grants.--From funds appropriated under subsection (e) 
     the Secretary is authorized to make grants to States, from 
     allotments under subsection (b), to carry out the purposes of 
     this part.
       ``(b) Distribution Based Upon Fiscal Effort and Equity.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     funds appropriated pursuant to subsection (e) shall be 
     allotted to each State based upon the number of children aged 
     5 to 17, inclusive, in such State multiplied by the product 
     of--
       ``(i) such State's effort factor described in paragraph 
     (2); multiplied by
       ``(ii) 1.30 minus such State's equity factor described in 
     paragraph (3).
       ``(B) Minimum.--For each fiscal year no State shall receive 
     under this section less than 0.25 percent of the total amount 
     appropriated under subsection (e) for the fiscal year.
       ``(2) Effort factor.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the effort factor for a State shall be determined in 
     accordance with the succeeding sentence, except that such 
     factor shall not be less than 0.95 nor greater than 1.05. The 
     effort factor determined under this sentence shall be a 
     fraction the numerator of which is the product of the 3-year 
     average per-pupil expenditure in the State multiplied by the 
     3-year average per capita income in the United States and the 
     denominator of which is the product of the 3-year average per 
     capita income in such State multiplied by the 3-year average 
     per-pupil expenditure in the United States.
       ``(B) Commonwealth of puerto rico.--The effort factor for 
     the Commonwealth of Puerto Rico shall be equal to the lowest 
     effort factor calculated under subparagraph (A) for any 
     State.
       ``(3) Equity factor.--
       ``(A) Determination.--
       ``(i) In general.--Except as provided in subparagraph (B), 
     the Secretary shall determine the equity factor under this 
     section for each State in accordance with clause (ii).
       ``(ii) Computation.--

       ``(I) In general.--For each State, the Secretary shall 
     compute a weighted coefficient of variation for the per-pupil 
     expenditures of local educational agencies in accordance with 
     subclauses (II), (III), (IV), and (V).
       ``(II) Variation.--In computing coefficients of variation, 
     the Secretary shall weigh the variation between per-pupil 
     expenditures in each local educational agency and the average 
     per-pupil expenditures in the State according to the number 
     of pupils served by the local educational agency.
       ``(III) Number of pupils.--In determining the number of 
     pupils under this paragraph served by each local educational 
     agency and in each State, the Secretary shall multiply the 
     number of children from low-income families by a factor of 
     1.4.
       ``(IV) Enrollment requirement.--In computing coefficients 
     of variation, the Secretary shall include only those local 
     educational agencies with an enrollment of more than 200 
     students.
       ``(V) Separate coefficients.--The Secretary shall compute 
     separate coefficients of variation for elementary schools, 
     secondary schools, and unified local educational agencies and 
     shall combine such coefficients into a single weighted 
     average coefficient for the State by multiplying each 
     coefficient by the total enrollments of the local educational 
     agencies in each group, adding such products, and dividing 
     such sum by the total enrollments of the local educational 
     agencies in the State.

       ``(B) Special rule.--The equity factor for a State that 
     meets the disparity standard described in section 222.162 of 
     title 34, Code of Federal Regulations (as such section was in 
     effect on the day preceding the date of enactment of the 
     Educational Opportunities Act) or a State with only 1 local 
     educational agency shall be not greater than 0.10.
       ``(C) Revisions.--The Secretary may revise each State's 
     equity factor as necessary based on the advice of independent 
     education finance scholars to reflect other need-based costs 
     of local educational agencies in addition to low-income 
     student enrollment, such as differing geographic costs, costs 
     associated with students with disabilities, children with 
     limited English-proficiency or other meaningful educational 
     needs, which deserve additional support. In addition, after 
     obtaining the advice of independent education finance 
     scholars, the Secretary may revise each State's equity factor 
     to incorporate other valid and accepted methods to achieve 
     adequacy of educational opportunity that may not be reflected 
     in a coefficient of variation method.
       ``(c) Use of Funds.--All funds awarded to each State under 
     this section shall be allocated to local educational agencies 
     and schools on a basis consistent with the distribution of 
     other funds to such agencies and schools under sections 1124, 
     1124A, and 1125 to carry out activities under this part.
       ``(d) Maintenance of Effort.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     State is entitled to receive its full allotment of funds 
     under this section for any fiscal year if the Secretary finds 
     that either the combined fiscal effort per student or the 
     aggregate expenditures within the State with respect to the 
     provision of free public education for the fiscal year 
     preceding the fiscal year for which the determination is made 
     was not less than 90 percent of such combined fiscal effort 
     or aggregate expenditures for the second fiscal year 
     preceding the fiscal year for which the determination is 
     made.
       ``(2) Reduction of funds.--The Secretary shall reduce the 
     amount of funds awarded to any State under this section in 
     any fiscal year in the exact proportion to which the State 
     fails to meet the requirements of paragraph (1) by falling 
     below 90 percent of both the fiscal effort per student and 
     aggregate expenditures (using the measure most favorable to 
     the State), and no such lesser amount shall be used for 
     computing the effort required under paragraph (1) for 
     subsequent years.
       ``(3) Waivers.--The Secretary may waive, for 1 fiscal year 
     only, the requirements of this subsection if the Secretary 
     determines that such a waiver would be equitable due to 
     exceptional or uncontrollable circumstances such as a natural 
     disaster or a precipitous and unforeseen decline in the 
     financial resources of the State.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $200,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.

     ``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

       ``(a) Allocations for Neglected Children.--
       ``(1) In general.--If a State educational agency determines 
     that a local educational agency in the State is unable or 
     unwilling to provide for the special educational needs of 
     children who are living in institutions for neglected or 
     delinquent children as described in section 1124(c)(1)(C), 
     the State educational agency shall, if such agency assumes 
     responsibility for the special educational needs of such 
     children, receive the portion of such local educational 
     agency's allocation under sections 1124, 1124A, and 1125 that 
     is attributable to such children.
       ``(2) Special rule.--If the State educational agency does 
     not assume such responsibility, any other State or local 
     public agency that does assume such responsibility shall 
     receive that portion of the local educational agency's 
     allocation.
       ``(b) Allocations Among Local Educational Agencies.--The 
     State educational agency may allocate the amounts of grants 
     under sections 1124, 1124A, and 1125 among the affected local 
     educational agencies--
       ``(1) if 2 or more local educational agencies serve, in 
     whole or in part, the same geographical area;
       ``(2) if a local educational agency provides free public 
     education for children who reside in

[[Page 6121]]

     the school district of another local educational agency; or
       ``(3) to reflect the merger, creation, or change of 
     boundaries of 1 or more local educational agencies.
       ``(c) Reallocation.--If a State educational agency 
     determines that the amount of a grant a local educational 
     agency would receive under sections 1124, 1124A, and 1125 is 
     more than such local educational agency will use, the State 
     educational agency shall make the excess amount available to 
     other local educational agencies in the State that need 
     additional funds in accordance with criteria established by 
     the State educational agency.

     ``SEC. 1127. CARRYOVER AND WAIVER.

       ``(a) Limitation on Carryover.--Notwithstanding section 421 
     of the General Education Provisions Act or any other 
     provision of law, not more than 15 percent of the funds 
     allocated to a local educational agency for any fiscal year 
     under this subpart (but not including funds received through 
     any reallocation under this subpart) may remain available for 
     obligation by such agency for one additional fiscal year.
       ``(b) Waiver.--A State educational agency may, once every 3 
     years, waive the percentage limitation in subsection (a) if--
       ``(1) the agency determines that the request of a local 
     educational agency is reasonable and necessary; or
       ``(2) supplemental appropriations for this subpart become 
     available.
       ``(c) Exclusion.--The percentage limitation under 
     subsection (a) shall not apply to any local educational 
     agency that receives less than $50,000 under this subpart for 
     any fiscal year.''.

     SEC. 120D. ESTABLISHMENT OF THE CHILD CENTERED PROGRAM.

       Part A of title I (20 U.S.C. 6311 et seq.) is amended by 
     adding at the end the following:

                  ``Subpart 3--Child Centered Program

     ``SEC. 1131. DEFINITIONS.

       ``In this subpart:
       ``(1) Eligible child.--The term `eligible child' means a 
     child who--
       ``(A) is eligible to be counted under section 1124(c); or
       ``(B)(i) the State or participating local educational 
     agency elects to serve under this subpart; and
       ``(ii) is a child eligible to be served under this part 
     pursuant to section 1115(b).
       ``(2) Participating local educational agency.--The term 
     `participating local educational agency' means a local 
     educational agency that elects under section 1133(b) to carry 
     out a child centered program under this subpart.
       ``(3) School.--The term `school' means an institutional day 
     or residential school that provides elementary or secondary 
     education, as determined under State law, except that such 
     term does not include any school that provides education 
     beyond grade 12.
       ``(4) Supplemental education services.--The term 
     `supplemental education services' means educational services 
     intended--
       ``(A) to meet the individual educational needs of eligible 
     children; and
       ``(B) to enable eligible children to meet challenging State 
     curriculum, content, and student performance standards.
       ``(5) Tutorial assistance providers.--The term `tutorial 
     assistance provider' means a public or private entity that--
       ``(A) has a record of effectiveness in providing tutorial 
     assistance to school children; or
       ``(B) uses instructional practices based on scientific 
     research.

     ``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

       ``(a) Funding.--Notwithstanding any other provision of law, 
     not more than 10 States and not more than 20 participating 
     local educational agencies may use the funds made available 
     under subparts 1 and 2, and shall use the funds made 
     available under subsection (c), to carry out a child centered 
     program under this subpart.
       ``(b) Participating Local Educational Agency Election.--
       ``(1) In general.--If a State does not carry out a child 
     centered program under this subpart or does not have an 
     application approved under section 1134 for a fiscal year, a 
     local educational agency in the State may elect to carry out 
     a child centered program under this subpart, and the 
     Secretary shall provide the funds that the local educational 
     agency (with an application approved under section 1134) is 
     eligible to receive under subparts 1 and 2, and subsection 
     (c), directly to the local educational agency to enable the 
     local educational agency to carry out the child centered 
     program.
       ``(2) Submission approval.--In order to be eligible to 
     carry out a child centered program under this subpart a 
     participating local educational agency shall obtain from the 
     State approval of the submission, but not the contents, of 
     the application submitted under section 1134.
       ``(c) Incentive Grants.--
       ``(1) In general.--From amounts appropriated under 
     paragraph (3) for a fiscal year the Secretary shall award 
     grants to each State, or participating local educational 
     agency described in subsection (b), that elects to carry out 
     a child centered program under this subpart and has an 
     application approved under section 1134, to enable the State 
     or participating local educational agency to carry out the 
     child centered program.
       ``(2) Amount.--Each State or participating local 
     educational agency that elects to carry out a child centered 
     program under this subpart and has an application approved 
     under section 1134 for a fiscal year shall receive a grant in 
     an amount that bears the same relation to the amount 
     appropriated under paragraph (3) for the fiscal year as the 
     amount the State or participating local educational agency 
     received under subparts 1 and 2 for the fiscal year bears to 
     the amount all States and participating local educational 
     agencies carrying out a child centered program under this 
     subpart received under subparts 1 and 2 for the fiscal year.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated $500,000,000 to carry out this 
     subsection for fiscal year 2000 and each of the 4 succeeding 
     fiscal years.

     ``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

       ``(a) Uses.--Each State or participating local educational 
     agency with an application approved under section 1134 shall 
     use funds made available under subparts 1 and 2, and 
     subsection (c), to carry out a child centered program under 
     which--
       ``(1) the State or participating local educational agency 
     establishes a per pupil amount based on the number of 
     eligible children in the State or the school district served 
     by the participating local educational agency; and
       ``(2) the State or participating local educational agency 
     may vary the per pupil amount to take into account factors 
     that may include--
       ``(A) variations in the cost of providing supplemental 
     education services in different parts of the State or the 
     school district served by the participating local educational 
     agency;
       ``(B) the cost of providing services to pupils with 
     different educational needs; or
       ``(C) the desirability of placing priority on selected 
     grades; and
       ``(3) in the case of a child centered program for eligible 
     children at a public school, the State or the participating 
     local educational agency makes available, not later than 3 
     months after the beginning of the school year, the per pupil 
     amount determined under paragraphs (1) and (2) to the public 
     school in which an eligible child is enrolled, which per 
     pupil amount shall be used for supplemental education 
     services for the eligible child that are--
       ``(A) subject to subparagraph (B), provided by the school 
     directly or through the provision of supplemental education 
     services with any governmental or nongovernmental agency, 
     school, postsecondary educational institution, or other 
     entity, including a private organization or business; or
       ``(B) if directed by the parent of an eligible child, 
     provided by the school or local educational agency through a 
     school-based program or through the provision of supplemental 
     education services with a tutorial service provider, and in 
     the case that a parent directs that the services be provided 
     through a tutorial assistance provider, the school or local 
     educational agency shall ensure that the provider selected by 
     the parent is reimbursed (not to exceed the per pupil amount) 
     for their tutorial services following notification to the 
     school or local educational agency by the parent that those 
     services were provided in a satisfactory manner.
       ``(b) Schoolwide Programs.--
       ``(1) In general.--In the case of a public school in which 
     50 percent of the students enrolled in the school are 
     eligible children, the public school may use funds provided 
     under this subpart, in combination with other Federal, State, 
     and local funds, to carry out a schoolwide program to upgrade 
     the entire educational program in the school.
       ``(2) Plan.--If the public school elects to use funds 
     provided under this part in accordance with paragraph (1), 
     and does not have a plan approved by the Secretary under 
     section 1114(b)(2), the public school shall develop and adopt 
     a comprehensive plan for reforming the entire educational 
     program of the public school that--
       ``(A) incorporates--
       ``(i) strategies for improving achievement for all children 
     to meet the State's proficient and advanced levels of 
     performance described in section 1111(b);
       ``(ii) instruction by highly qualified staff;
       ``(iii) professional development for teachers and aides in 
     content areas in which the teachers or aides provide 
     instruction and, where appropriate, professional development 
     for pupil services personnel, parents, and principals, and 
     other staff to enable all children in the school to meet the 
     State's student performance standards; and
       ``(iv) activities to ensure that eligible children who 
     experience difficulty mastering any of the standards 
     described in section 1111(b) during the course of the school 
     year shall be provided with effective, timely additional 
     assistance;
       ``(B) describes the school's use of funds provided under 
     this subpart and from other sources to implement the 
     activities described in subparagraph (A);
       ``(C) includes a list of State and local educational agency 
     programs and other Federal programs that will be included in 
     the schoolwide program;
       ``(D) describes how the school will provide individual 
     student assessment results, including an interpretation of 
     those results, to the parents of an eligible child who 
     participates in the assessment; and
       ``(E) describes how and where the school will obtain 
     technical assistance services and a description of such 
     services.
       ``(3) Special rule.--In the case of a public school 
     operating a schoolwide program under this subsection, the 
     Secretary may, through publication of a notice in the Federal 
     Register, exempt child centered programs under this section 
     from statutory or regulatory requirements

[[Page 6122]]

     of any other noncompetitive formula grant program 
     administered by the Secretary, or any discretionary grant 
     program administered by the Secretary (other than formula or 
     discretionary grant programs under the Individuals with 
     Disabilities Education Act), to support the schoolwide 
     program, if the intent and purposes of such other 
     noncompetitive or discretionary programs are met.
       ``(c) Private School Children.--A State or participating 
     local educational agency carrying out a child centered 
     program under this subpart shall ensure that eligible 
     children who are enrolled in a private school receive 
     supplemental education services in the same manner as such 
     services are provided under section 1120.
       ``(d) Open Enrollment.--
       ``(1) In general.--In order to be eligible to carry out a 
     child centered program under this subpart a State or 
     participating local educational agency shall operate a 
     statewide or school district wide, respectively, open 
     enrollment program that permits parents to enroll their child 
     in any public school in the State or school district, 
     respectively, if space is available in the public school and 
     the child meets the qualifications for attendance at the 
     public school.
       ``(2) Waiver.--The Secretary may waive paragraph (1) for a 
     State or participating local educational agency if the State 
     or agency, respectively, demonstrates that parents served by 
     the State or agency, respectively--
       ``(A) have sufficient options to enroll their child in 
     multiple public schools; or
       ``(B) will have sufficient options to use the per pupil 
     amount made available under this subpart to purchase 
     supplemental education services from multiple tutorial 
     assistance providers or schools.
       ``(e) Parent Involvement.--
       ``(1) In general.--Any public school receiving funds under 
     this subpart shall convene an annual meeting at a convenient 
     time. All parents of eligible children shall be invited and 
     encouraged to attend the meeting, in order to explain to the 
     parents the activities assisted under this subpart and the 
     requirements of this subpart. At the meeting, the public 
     school shall explain to parents how the school will use funds 
     provided under this subpart to enable eligible children 
     enrolled at the school to meet challenging State curriculum, 
     content, and student performance standards. In addition, the 
     public school shall inform parents of their right to choose 
     to have supplemental education services provided under this 
     subpart to an eligible child through a school-based program 
     or a tutorial assistance provider.
       ``(2) Information.--Any public school receiving funds under 
     this subpart shall provide to parents a description and 
     explanation of the curriculum in use at the school, the forms 
     of assessment used to measure student progress, and the 
     proficiency levels students are expected to meet.

     ``SEC. 1134. APPLICATION.

       ``(a) In General.--Each State or participating local 
     educational agency desiring to carry out a child centered 
     program under this subpart shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall contain--
       ``(1) a detailed description of the program to be assisted, 
     including an assurance that--
       ``(A) the per pupil amount established under section 
     1133(a) will follow each eligible child described in that 
     section to the school or tutorial assistance provider of the 
     parent's choice;
       ``(B) funds made available under this subpart will be spent 
     in accordance with the requirements of this subpart; and
       ``(C) parents have the option to select to have their child 
     receive the supplemental education services from multiple 
     tutorial assistance providers and schools;
       ``(2) an assurance that the State or participating local 
     educational agency will publish in a widely read or 
     distributed medium an annual report card that contains--
       ``(A) information regarding the academic progress of all 
     students served by the State or participating local 
     educational agency in meeting State standards, including 
     students assisted under this subpart, with results 
     disaggregated by race, family income, and limited English 
     proficiency, if such disaggregation can be performed in a 
     statistically sound manner; and
       ``(B) such other information as the State or participating 
     local educational agency may require;
       ``(3) a description of how the State or participating local 
     educational agency will make available, to parents of 
     children participating in the child centered program, annual 
     school report cards, with results disaggregated by race, 
     family income, and limited English proficiency, for schools 
     in the State or in the school district of the participating 
     local educational agency;
       ``(4) in the case of an application from a participating 
     local educational agency, an assurance that the participating 
     local educational agency has notified the State regarding the 
     submission of the application;
       ``(5) a description of specific measurable objectives for 
     improving the student performance of students served under 
     this subpart;
       ``(6) a description of the process by which the State or 
     participating local educational agency will measure progress 
     in meeting the objectives;
       ``(7)(A) in the case of an application from a State, an 
     assurance that the State meets the requirements of 
     subsections (a), (b) and (f) of section 1111 as applied to 
     activities assisted under this subpart; and
       ``(B) in the case of an application from a participating 
     local educational agency, an assurance that the State's 
     application under section 1111 met the requirements of 
     subsections (a), (b) and (f) of such section; and
       ``(8) an assurance that each local educational agency 
     serving a school that receives funds under this subpart will 
     meet the requirements of subsections (a) and (c) of section 
     1116 as applied to activities assisted under this subpart.

     ``SEC. 1135. ADMINISTRATIVE PROVISIONS.

       ``(a) Program Duration.--A State or participating local 
     educational agency shall carry out a child centered program 
     under this subpart for a period of 5 years.
       ``(b) Administrative Costs.--A State may reserve 2 percent 
     of the funds made available to the State under this subpart, 
     and a participating local educational agency may reserve 5 
     percent of the funds made available to the participating 
     local educational agency under this subpart, to pay the costs 
     of administrative expenses of the child centered program. The 
     costs may include costs of providing technical assistance to 
     schools receiving funds under this subpart, in order to 
     increase the opportunity for all students in the schools to 
     meet the State's content standards and student performance 
     standards. The technical assistance may be provided directly 
     by the State educational agency, local educational agency, 
     or, with a local educational agency's approval, by an 
     institution of higher education, by a private nonprofit 
     organization, by an educational service agency, by a 
     comprehensive regional assistance center, or by another 
     entity with experience in helping schools improve student 
     achievement.
       ``(c) Reports.--
       ``(1) Annual reports.--
       ``(A) In general.--The State educational agency serving 
     each State, and each participating local educational agency, 
     carrying out a child centered program under this subpart 
     shall submit to the Secretary an annual report, that is 
     consistent with data provided under section 1134(a)(2)(A), 
     regarding the performance of eligible children receiving 
     supplemental education services under this subpart.
       ``(B) Data.--Not later than 2 years after establishing a 
     child centered program under this subpart and each year 
     thereafter, each State or participating local educational 
     agency shall include in the annual report data on student 
     achievement for eligible children served under this subpart 
     with results disaggregated by race, family income, and 
     limited English proficiency, demonstrating the degree to 
     which measurable progress has been made toward meeting the 
     objectives described in section 1134(a)(5).
       ``(C) Data assurances.--Each annual report shall include--
       ``(i) an assurance from the managers of the child centered 
     program that data used to measure student achievement under 
     subparagraph (B) is reliable, complete, and accurate, as 
     determined by the State or participating local educational 
     agency; or
       ``(ii) a description of a plan for improving the 
     reliability, completeness, and accuracy of such data as 
     determined by the State or participating local educational 
     agency.
       ``(2) Secretary's report.--The Secretary shall make each 
     annual report available to Congress, the public, and the 
     Comptroller General of the United States (for purposes of the 
     evaluation described in section 1136).
       ``(d) Termination.--Three years after the date a State or 
     participating local educational agency establishes a child 
     centered program under this subpart the Secretary shall 
     review the performance of the State or participating local 
     educational agency in meeting the objectives described in 
     section 1134(a)(5). The Secretary, after providing notice and 
     an opportunity for a hearing, may terminate the authority of 
     the State or participating local educational agency to 
     operate a child centered program under this subpart if the 
     State or participating local educational agency submitted 
     data that indicated the State or participating local 
     educational agency has not made any progress in meeting the 
     objectives.
       ``(e) Treatment of Amounts Received.--The per pupil amount 
     provided under this subpart for an eligible child shall not 
     be treated as income of the eligible child or the parent of 
     the eligible child for purposes of Federal tax laws, or for 
     determining the eligibility for or amount of any other 
     Federal assistance.

     ``SEC. 1136. EVALUATION.

       ``(a) Annual Evaluation.--
       ``(1) Contract.--The Comptroller General of the United 
     States shall enter into a contract, with an evaluating entity 
     that has demonstrated experience in conducting evaluations, 
     for the conduct of an ongoing rigorous evaluation of child 
     centered programs under this subpart.
       ``(2) Annual evaluation requirement.--The contract 
     described in paragraph (1) shall require the evaluating 
     entity entering into such contract to annually evaluate each 
     child centered program under this subpart in accordance with 
     the evaluation criteria described in subsection (b).
       ``(3) Transmission.--The contract described in paragraph 
     (1) shall require the evaluating entity entering into such 
     contract to transmit to the Comptroller General of the United 
     States the findings of each annual evaluation under paragraph 
     (2).
       ``(b) Evaluation Criteria.--The Comptroller General of the 
     United States, in consultation with the Secretary, shall 
     establish minimum criteria for evaluating the child centered 
     programs under this subpart. Such criteria shall provide for 
     a description of--

[[Page 6123]]

       ``(1) the implementation of each child centered program 
     under this subpart;
       ``(2) the effects of the programs on the level of parental 
     participation and satisfaction with the programs; and
       ``(3) the effects of the programs on the educational 
     achievement of eligible children participating in the 
     programs.

     ``SEC. 1137. REPORTS.

       ``(a) Reports by Comptroller General.--
       ``(1) Interim reports.--Three years after the date of 
     enactment of this subpart the Comptroller General of the 
     United States shall submit an interim report to Congress on 
     the findings of the annual evaluations under section 
     1136(a)(2) for each child centered program assisted under 
     this subpart. The report shall contain a copy of the annual 
     evaluation under section 1136(a)(2) of each child centered 
     program under this subpart.
       ``(2) Final report.--The Comptroller General shall submit a 
     final report to Congress, not later than March 1, 2006, that 
     summarizes the findings of the annual evaluations under 
     section 1136(a)(2).''.

     ``SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.

       ``Nothing in this subpart shall be construed--
       ``(1) to authorize or permit an officer or employee of the 
     Federal Government to mandate, direct, or control a State, 
     local educational agency, or school's specific instructional 
     content or student performance standards and assessments, 
     curriculum, or program of instruction, as a condition of 
     eligibility to receive funds under this subpart; and
       ``(2) to preempt any provision of a State constitution or 
     State statute that pertains to the expenditure of State funds 
     in or by religious institutions.''.

              PART B--EVEN START FAMILY LITERACY PROGRAMS

     SEC. 121. EVEN START FAMILY LITERACY PROGRAMS.

       (a) Program Authorized.--
       (1) Reservation for migrant programs, outlying areas, and 
     indian tribes.--Section 1202(a) (20 U.S.C. 6362(a)) is 
     amended--
       (A) in paragraph (1), by inserting ``(or, if such 
     appropriated amount exceeds $250,000,000, 6 percent of such 
     amount)'' after ``1002(b)'';
       (B) in paragraph (2), by striking ``If the amount of funds 
     made available under this subsection exceeds $4,600,000,'' 
     and inserting ``After the date of the enactment of the 
     Educational Opportunities Act,''; and
       (C) by adding at the end the following:
       ``(3) Coordination of programs for american indians.--The 
     Secretary shall ensure that programs under paragraph (1)(C) 
     are coordinated with family literacy programs operated by the 
     Bureau of Indian Affairs in order to avoid duplication and to 
     encourage the dissemination of information on high-quality 
     family literacy programs serving American Indians.''.
       (2) Reservation for federal activities.--Section 1202(b) 
     (20 U.S.C. 6362(b)) is amended to read as follows:
       ``(b) Reservation for Federal Activities.--
       ``(1) Evaluation, technical assistance, program 
     improvement, and replication activities.--From amounts 
     appropriated under section 1002(b), the Secretary may reserve 
     not more than 3 percent of such amounts or the amount 
     reserved to carry out the activities described in paragraphs 
     (1) and (2) of subsection (a) for the fiscal year 1994, 
     whichever is greater, for purposes of--
       ``(A) carrying out the evaluation required by section 1209; 
     and
       ``(B) providing, through grants or contracts with eligible 
     organizations, technical assistance, program improvement, and 
     replication activities.
       ``(2) Research.--In the case of fiscal years 2001 through 
     2005, if the amounts appropriated under section 1002(b) for 
     any of such years exceed such amounts appropriated for the 
     preceding fiscal year, the Secretary shall reserve from such 
     excess amount $2,000,000 or 50 percent, whichever is less, to 
     carry out section 1211.''.
       (3) Reservation for grants.--Section 1202(c) (20 U.S.C. 
     6362(c)) is amended--
       (A) in the subsection heading, by striking ``for Grants'' 
     and inserting ``for Statewide Family Literacy Initiatives''; 
     and
       (B) by striking ``From funds reserved under section 
     2260(b)(3), the Secretary shall'' and inserting ``From funds 
     appropriated under section 1002(b) for any fiscal year, the 
     Secretary may''.
       (c) State Plan.--Part B of title I (20 U.S.C. 6361 et seq.) 
     is amended by inserting after section 1202 (20 U.S.C. 6362) 
     the following:

     ``SEC. 1202A. STATE PLAN.

       ``(a) Contents.--Each State that desires to receive a grant 
     under this part shall submit a plan to the Secretary 
     containing such budgetary and other information as the 
     Secretary may require. Each plan shall--
       ``(1) include the State's indicators of program quality 
     developed under section 1210, or if the State has not 
     completed work on those indicators, describe the State's 
     progress in developing the indicators;
       ``(2) describe how the State is using, or will use, the 
     indicators to monitor, evaluate, and improve projects the 
     State assists under this part, and to decide whether to 
     continue to assist those projects;
       ``(3) describe how the State will help each program 
     assisted under this part ensure the full implementation of 
     the program elements described in section 1205, including how 
     the State will encourage local programs to use technology, 
     such as distance learning, to improve program access and the 
     intensity of services, especially for isolated populations;
       ``(4) describe how the State will conduct competition for 
     subgrants, including the application of the criteria 
     described in section 1208; and
       ``(5) describe how the State will coordinate resources, 
     especially among State agencies, to improve family literacy 
     services in the State.
       ``(b) Duration.--Each State plan shall--
       ``(1) be submitted for the first year for which this part 
     is in effect after the date of enactment of the Educational 
     Opportunities Act;
       ``(2) remain in effect for the duration of the State's 
     participation under this part; and
       ``(3) be periodically reviewed and revised by the State, as 
     necessary.''.
       (d) Uses of Funds.--Section 1204 (20 U.S.C. 6364) is 
     amended--
       (1) in subsection (b)(1)(A)--
       (A) in clause (iv), by striking ``and'' after the 
     semicolon; and
       (B) by striking clause (v) and inserting the following:
       ``(v) 50 percent in the fifth, sixth, seventh, and eighth 
     such years; and
       ``(vi) 35 percent in any subsequent such year.''; and
       (2) by adding at the end the following:
       ``(c) Use of Funds for Family Literacy Services.--
       ``(1) In general.--A State may use a portion of funds 
     received under this part to assist eligible entities 
     receiving a subgrant under section 1203(b) in improving the 
     quality of family literacy services provided under Even Start 
     programs under this part, except that in no case may a 
     State's use of funds for this purpose for a fiscal year 
     result in a decrease from the level of activities and 
     services provided to program participants in the preceding 
     year.
       ``(2) Priority.--In carrying out paragraph (1), a State 
     shall give priority to programs that were of low quality, as 
     evaluated based on the indicators of program quality 
     developed by the State under section 1210.
       ``(3) Technical assistance and training.--Assistance under 
     paragraph (1) shall be in the form of technical assistance 
     and training, provided by a State through a grant, contract, 
     or cooperative agreement with an entity that has experience 
     in offering high quality training and technical assistance to 
     family literacy providers.''.
       (e) Program Elements.--Section 1205 (20 U.S.C. 6365) is 
     amended--
       (1) by amending paragraph (4) to read as follows:
       ``(4) provide high-quality, intensive family literacy 
     services using instructional approaches that the best 
     available research on reading indicates will be most 
     effective in building adult literacy and children's language 
     development and reading ability;'';
       (2) by amending paragraph (7) to read as follows:
       ``(7) use methods that ensure that participating families 
     successfully complete the program, including--
       ``(A) operating a year-round program, including continuing 
     to provide some instructional services for participants 
     during the summer months;
       ``(B) providing developmentally appropriate educational 
     services for at least a 3-year age range of children;
       ``(C) encouraging participating families to regularly 
     attend and remain in the program for a sufficient time to 
     meet their program goals; and
       ``(D) promoting the continuity of family literacy services 
     across critical points in the lives of children and their 
     parents so that those individuals can retain and improve 
     their educational outcomes;'';
       (3) by amending paragraph (10) to read as follows:
       ``(10) provide for an independent evaluation of the program 
     to be used for program improvement.'';
       (4) by redesignating paragraphs (9) and (10) (as so 
     amended) as paragraphs (10) and (11), respectively; and
       (5) by inserting after paragraph (8) the following:
       ``(9) use instructional programs based on scientifically 
     based reading research (as defined in section 2252) for 
     children and, to the extent such research is available, for 
     adults;''.
       (f) Eligible Participants.--Section 1206(b) (20 U.S.C. 
     6366(b)) is amended by adding at the end the following:
       ``(3) Children 8 years of age or older.--If an Even Start 
     program assisted under this part collaborates with a program 
     under part A, and funds received under such part A program 
     contribute to paying the cost of providing programs under 
     this part to children 8 years of age or older, the Even Start 
     program, notwithstanding subsection (a)(2), may permit the 
     participation of children 8 years of age or older.''.
       (g) Application.--
       (1) Plan.--Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) 
     is amended--
       (A) by striking ``Act, the Goals 2000: Educate America 
     Act,'' and inserting ``Act''; and
       (B) by striking ``14306'' and inserting ``6506''.
       (2) Consolidated application.--Section 1207(d) (20 U.S.C. 
     6367(d)) is amended by striking ``14302'' and inserting 
     ``6502''.
       (h) Award of Subgrants.--
       (1) Review panel.--The matter preceding subparagraph (A) of 
     section 1208(a)(3) (20 U.S.C. 6368(a)(3)) is amended--
       (A) by inserting ``and one individual with expertise in 
     family literacy programs.'' after ``education 
     professional,''; and
       (B) by striking ``and one or more of the following 
     individuals:'' and inserting ``The review panel may include 
     other individuals such as one or more of the following:''.

[[Page 6124]]

       (2) Continuing eligibility; federal share.--Section 1208(b) 
     (20 U.S.C. 6368(b)) is amended--
       (A) by striking paragraph (3) and inserting the following:
       ``(3) Continuing eligibility.--In awarding subgrant funds 
     to continue a program under this part after the first year, 
     the State educational agency shall review the progress of 
     each eligible entity in meeting the goals of the program 
     referred to in section 1207(c)(1)(A) and shall evaluate the 
     program based on the indicators of program quality developed 
     by the State under section 1210.''; and
       (B) in paragraph (5)--
       (i) in subparagraph (A), by striking the last sentence; and
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) The Federal share of any subgrant renewed under 
     subparagraph (A) shall be limited in accordance with section 
     1204(b).''.
       (i) Indicators of Program Quality.--Section 1210 (20 U.S.C. 
     6369a) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Each'' and inserting ``Not later than September 30, 2000, 
     each''; and
       (2) by adding at the end the following:
       ``(3) With respect to a program's implementation of high-
     quality, intensive family literacy services, specific levels 
     of intensity of those services and the duration of 
     individuals' participation that are necessary to result in 
     the outcomes described in paragraphs (1) and (2), which 
     levels the State periodically shall review and revise as 
     needed to achieve those outcomes.''.
       (j) Research.--Section 1211 (20 U.S.C. 6369b) is amended to 
     read as follows:

     ``SEC. 1211. RESEARCH.

       ``(a) In General.--From amounts reserved under section 
     1202(b)(2), the Secretary, in consultation with the National 
     Institute for Literacy and other appropriate organizations, 
     may carry out, directly or through grants or contracts, 
     research on family literacy services, including--
       ``(1) scientifically based research on the development of 
     reading and literacy in young children;
       ``(2) the most effective ways of improving the literacy 
     skills of adults with reading difficulties; and
       ``(3) how family literacy services can best provide parents 
     with the knowledge and skills the parents need to support 
     their children's literacy development.
       ``(b) Dissemination.--The Secretary shall ensure the 
     dissemination, through the National Institute for Literacy 
     and other appropriate means, of the results of the research 
     conducted under subsection (a).''.

                PART C--EDUCATION OF MIGRATORY CHILDREN

     SEC. 131. PROGRAM PURPOSE.

       Section 1301 (20 U.S.C. 6391) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (7), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) ensure that migratory children who move among the 
     States are not penalized in any manner by disparities among 
     the States in curriculum, graduation requirements, and State 
     student performance and content standards;'';
       (3) in paragraph (5) (as so redesignated), by striking 
     ``and'' after the semicolon;
       (4) in paragraph (6) (as so redesignated), by striking the 
     period and inserting ``; and''; and
       (5) by adding at the end the following:
       ``(7) ensure that migratory children receive full and 
     appropriate opportunities to meet the same challenging State 
     content and student performance standards that all children 
     are expected to meet.''.

     SEC. 132. STATE APPLICATION.

       Section 1304 (20 U.S.C. 6394) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``a comprehensive'' and 
     all that follows through ``1306;'' and inserting ``the full 
     range of services that are available for migratory children 
     from appropriate local, State, and Federal educational 
     programs;'';
       (B) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) a description of joint planning efforts that will be 
     made with respect to programs assisted under this Act, local, 
     State, and Federal programs, and bilingual education programs 
     under part A of title VII;''; and
       (2) in subsection (c), by amending paragraph (3) to read as 
     follows:
       ``(3) in the planning and operation of programs and 
     projects at both the State and local agency operating level 
     there is consultation with parent advisory councils for 
     programs of one school year in duration, and that all such 
     programs and projects are carried out--
       ``(A) in a manner consistent with section 1118 unless 
     extraordinary circumstances make implementation with such 
     section impractical; and
       ``(B) in a format and language understandable to the 
     parents;''.

     SEC. 133. COMPREHENSIVE PLAN.

       Section 1306(a)(1) (20 U.S.C. 6396(a)(1)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``the Goals 2000: Educate America Act,''; 
     and
       (B) by striking ``14306'' and inserting ``6506''; and
       (2) in subparagraph (B), by striking ``14302;'' and 
     inserting ``6502, if--
       ``(i) the special needs of migratory children are 
     specifically addressed in the comprehensive State plan;
       ``(ii) the comprehensive State plan is developed in 
     collaboration with parents of migratory children; and
       ``(iii) the comprehensive State planning is not used to 
     supplant State efforts regarding, or administrative funding 
     for, this part;''.

     SEC. 134. COORDINATION.

       Section 1308 (20 U.S.C. 6398) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Access to Information on Migrant Students.--
       ``(1) National system.--(A) The Secretary shall establish a 
     national system for electronically exchanging, among the 
     States, health and educational information regarding all 
     students served under this part. Such information shall 
     include--
       ``(i) immunization records and other health information;
       ``(ii) elementary and secondary academic history (including 
     partial credit), credit accrual, and results from State 
     assessments required under this title;
       ``(iii) other academic information essential to ensuring 
     that migrant children achieve to high standards; and
       ``(iv) eligibility for services under the Individuals with 
     Disabilities Education Act.
       ``(B) The Secretary shall publish, not later than 120 days 
     after the date of enactment of the Educational Opportunities 
     Act, a notice in the Federal Register seeking public comment 
     on the proposed data elements that each State receiving funds 
     under this part shall be required to collect for purposes of 
     electronic transfer of migrant student information, the 
     requirements for immediate electronic access to such 
     information, and the educational agencies eligible to access 
     such information.
       ``(C) Such system of electronic access to migrant student 
     information shall be operational not later than 1 year after 
     the date of enactment of the Educational Opportunities Act.
       ``(D) For the purpose of carrying out this subsection in 
     any fiscal year, the Secretary shall reserve not more than 
     $10,000,000 of the amount appropriated to carry out this part 
     for such year.
       ``(2) Report to congress.--(A) Not later than April 30, 
     2002, the Secretary shall report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives the Secretary's findings and recommendations 
     regarding services under this part, and shall include in this 
     report, recommendations for the interim measures that may be 
     taken to ensure continuity of services under this part.
       ``(B) The Secretary shall assist States in developing 
     effective methods for the transfer of student records and in 
     determining the number of students or full-time equivalent 
     students in each State if such interim measures are 
     required.''.
       (2) in subsection (c), by striking ``$6,000,000'' and 
     inserting ``$10,000,000'';
       (3) in subsection (d)(1), by striking ``$1,500,000'' and 
     inserting ``$3,000,000''; and
       (4) by adding at the end the following:
       ``(e) Data Collection.--The Secretary shall direct the 
     National Center for Education Statistics to collect data on 
     migratory children.''.

                      PART D--PARENTAL ASSISTANCE

     SEC. 141. PARENTAL ASSISTANCE.

       Part D of title I (20 U.S.C. 6421 et seq.) is amended to 
     read as follows:

                     ``PART D--PARENTAL ASSISTANCE

     ``SEC. 1401. PARENTAL INFORMATION AND RESOURCE CENTERS.

       ``(a) Purpose.--The purpose of this part is--
       ``(1) to provide leadership, technical assistance, and 
     financial support to nonprofit organizations and local 
     educational agencies to help the organizations and agencies 
     implement successful and effective parental involvement 
     policies, programs, and activities that lead to improvements 
     in student performance;
       ``(2) to strengthen partnerships among parents (including 
     parents of preschool age children), teachers, principals, 
     administrators, and other school personnel in meeting the 
     educational needs of children;
       ``(3) to develop and strengthen the relationship between 
     parents and the school;
       ``(4) to further the developmental progress primarily of 
     children assisted under this part; and
       ``(5) to coordinate activities funded under this part with 
     parental involvement initiatives funded under section 1118 
     and other provisions of this Act.
       ``(b) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants in each fiscal year to nonprofit organizations, and 
     nonprofit organizations in consortia with local educational 
     agencies, to establish school-linked or school-based parental 
     information and resource centers that provide training, 
     information, and support to--
       ``(A) parents of children enrolled in elementary schools 
     and secondary schools;
       ``(B) individuals who work with the parents described in 
     subparagraph (A); and
       ``(C) State educational agencies, local educational 
     agencies, schools, organizations that support family-school 
     partnerships (such as parent-teacher associations), and other 
     organizations that carry out parent education and family 
     involvement programs.
       ``(2) Award rule.--In awarding grants under this part, the 
     Secretary shall ensure that such grants are distributed in 
     all geographic regions of the United States.

[[Page 6125]]



     ``SEC. 1402. APPLICATIONS.

       ``(a) Grants Applications.--
       ``(1) In general.--Each nonprofit organization or nonprofit 
     organization in consortium with a local educational agency 
     that desires a grant under this part shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary shall require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1), at a minimum, shall include assurances that the 
     organization or consortium will--
       ``(A)(i) be governed by a board of directors the membership 
     of which includes parents; or
       ``(ii) be an organization or consortium that represents the 
     interests of parents;
       ``(B) establish a special advisory committee the membership 
     of which includes--
       ``(i) parents described in section 1401(b)(1)(A);
       ``(ii) representatives of education professionals with 
     expertise in improving services for disadvantaged children; 
     and
       ``(iii) representatives of local elementary schools and 
     secondary schools who may include students and 
     representatives from local youth organizations;
       ``(C) use at least \1/2\ of the funds provided under this 
     part in each fiscal year to serve areas with high 
     concentrations of low-income families in order to serve 
     parents who are severely educationally or economically 
     disadvantaged;
       ``(D) operate a center of sufficient size, scope, and 
     quality to ensure that the center is adequate to serve the 
     parents in the area;
       ``(E) serve both urban and rural areas;
       ``(F) design a center that meets the unique training, 
     information, and support needs of parents described in 
     section 1401(b)(1)(A), particularly such parents who are 
     educationally or economically disadvantaged;
       ``(G) demonstrate the capacity and expertise to conduct the 
     effective training, information and support activities for 
     which assistance is sought;
       ``(H) network with--
       ``(i) local educational agencies and schools;
       ``(ii) parents of children enrolled in elementary schools 
     and secondary schools;
       ``(iii) parent training and information centers assisted 
     under section 682 of the Individuals with Disabilities 
     Education Act;
       ``(iv) clearinghouses; and
       ``(v) other organizations and agencies;
       ``(I) focus on serving parents described in section 
     1401(b)(1)(A) who are parents of low-income, minority, and 
     limited English proficient, children;
       ``(J) use part of the funds received under this part to 
     establish, expand, or operate Parents as Teachers programs or 
     Home Instruction for Preschool Youngsters programs;
       ``(K) provide assistance to parents in such areas as 
     understanding State and local standards and measures of 
     student and school performance; and
       ``(L) work with State and local educational agencies to 
     determine parental needs and delivery of services.
       ``(b) Grant Renewal.--For each fiscal year after the first 
     fiscal year an organization or consortium receives assistance 
     under this part, the organization or consortium shall 
     demonstrate in the application submitted for such fiscal year 
     after the first fiscal year that a portion of the services 
     provided by the organization or consortium is supported 
     through non-Federal contributions, which contributions may be 
     in cash or in kind.

     ``SEC. 1403. USES OF FUNDS.

       ``(a) In General.--Grant funds received under this part 
     shall be used--
       ``(1) to assist parents in participating effectively in 
     their children's education and to help their children meet 
     State and local standards, such as assisting parents--
       ``(A) to engage in activities that will improve student 
     performance, including understanding the accountability 
     systems in place within their State educational agency and 
     local educational agency and understanding their children's 
     educational performance in comparison to State and local 
     standards;
       ``(B) to provide followup support for their children's 
     educational achievement;
       ``(C) to communicate effectively with teachers, principals, 
     counselors, administrators, and other school personnel;
       ``(D) to become active participants in the development, 
     implementation, and review of school-parent compacts, parent 
     involvement policies, and school planning and improvement;
       ``(E) to participate in the design and provision of 
     assistance to students who are not making adequate 
     educational progress;
       ``(F) to participate in State and local decisionmaking; and
       ``(G) to train other parents;
       ``(2) to obtain information about the range of options, 
     programs, services, and resources available at the national, 
     State, and local levels to assist parents and school 
     personnel who work with parents;
       ``(3) to help the parents learn and use the technology 
     applied in their children's education;
       ``(4) to plan, implement, and fund activities for parents 
     that coordinate the education of their children with other 
     Federal programs that serve their children or their families; 
     and
       ``(5) to provide support for State or local educational 
     personnel if the participation of such personnel will further 
     the activities assisted under the grant.
       ``(b) Permissive Activities.--Grant funds received under 
     this part may be used to assist schools with activities such 
     as--
       ``(1) developing and implementing their plans or activities 
     under sections 1118 and 1119; and
       ``(2) developing and implementing school improvement plans, 
     including addressing problems that develop in the 
     implementation of sections 1118 and 1119.
       ``(3) providing information about assessment and individual 
     results to parents in a manner and a language the family can 
     understand;
       ``(4) coordinating the efforts of Federal, State, and local 
     parent education and family involvement initiatives; and
       ``(5) providing training, information, and support to--
       ``(A) State educational agencies;
       ``(B) local educational agencies and schools, especially 
     those local educational agencies and schools that are low 
     performing; and
       ``(C) organizations that support family-school 
     partnerships.
       ``(c) Grandfather Clause.--The Secretary shall use funds 
     made available under this part to continue to make grant or 
     contract payments to each entity that was awarded a multiyear 
     grant or contract under title IV of the Goals 2000: Educate 
     America Act (as such title was in effect on the day before 
     the date of enactment of the Educational Opportunities Act) 
     for the duration of the grant or contract award.

     ``SEC. 1404. TECHNICAL ASSISTANCE.

       ``The Secretary shall provide technical assistance, by 
     grant or contract, for the establishment, development, and 
     coordination of parent training, information, and support 
     programs and parental information and resource centers.

     ``SEC. 1405. REPORTS.

       ``(a) Information.--Each organization or consortium 
     receiving assistance under this part shall submit to the 
     Secretary, on an annual basis, information concerning the 
     parental information and resource centers assisted under this 
     part, including--
       ``(1) the number of parents (including the number of 
     minority and limited English proficient parents) who receive 
     information and training;
       ``(2) the types and modes of training, information, and 
     support provided under this part;
       ``(3) the strategies used to reach and serve parents of 
     minority and limited English proficient children, parents 
     with limited literacy skills, and other parents in need of 
     the services provided under this part;
       ``(4) the parental involvement policies and practices used 
     by the center and an evaluation of whether such policies and 
     practices are effective in improving home-school 
     communication, student achievement, student and school 
     performance, and parental involvement in school planning, 
     review, and improvement; and
       ``(5) the effectiveness of the activities that local 
     educational agencies and schools are carrying out with regard 
     to parental involvement and other activities assisted under 
     this Act that lead to improved student achievement and 
     improved student and school performance.
       ``(b) Dissemination.--The Secretary annually shall 
     disseminate, widely to the public and to Congress, the 
     information that each organization or consortium submits 
     under subsection (a) to the Secretary.

     ``SEC. 1406. GENERAL PROVISIONS.

       ``Notwithstanding any other provision of this part--
       ``(1) no person, including a parent who educates a child at 
     home, a public school parent, or a private school parent, 
     shall be required to participate in any program of parent 
     education or developmental screening pursuant to the 
     provisions of this part; and
       ``(2) no program or center assisted under this part shall 
     take any action that infringes in any manner on the right of 
     a parent to direct the education of their children.''.

PART E--GENERAL PROVISIONS; COMPREHENSIVE SCHOOL REFORM; ASSISTANCE TO 
                    ADDRESS SCHOOL DROPOUT PROBLEMS

     SEC. 151. GENERAL PROVISIONS; COMPREHENSIVE SCHOOL REFORM; 
                   ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS.

       Part A of title I (20 U.S.C. 6311) is amended--
       (1) by redesignating part F as part H;
       (2) by redesignating sections 1601 through 1604 as sections 
     1901 through 1904, respectively; and
       (3) by inserting after part E the following:

                 ``PART F--COMPREHENSIVE SCHOOL REFORM

     ``SEC. 1601. PURPOSE.

       ``The purpose of this part is to provide financial 
     incentives for schools to develop comprehensive school 
     reforms based upon promising and effective practices and 
     research-based programs that emphasize basic academics and 
     parental involvement so that all children can meet 
     challenging State content and student performance standards.

     ``SEC. 1602. PROGRAM AUTHORIZATION.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to State educational agencies, from allotments under 
     paragraph (2), to enable the State educational agencies to 
     award subgrants to local educational agencies to carry out 
     the purpose described in section 1601.
       ``(2) Allotments.--
       ``(A) Reservations.--Of the amount appropriated under 
     section 1002(h) for a fiscal year, the Secretary may 
     reserve--
       ``(i) not more than 1 percent to provide assistance to 
     schools supported by the Bureau of Indian Affairs and in the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands according to 
     their respective needs for assistance under this part; and

[[Page 6126]]

       ``(ii) not more than 1 percent to conduct national 
     evaluation activities described in section 1607.
       ``(B) In general.--Of the amount appropriated under section 
     1002(h) that remains after making the reservation under 
     subparagraph (A) for a fiscal year, the Secretary shall allot 
     to each State for the fiscal year an amount that bears the 
     same ratio to the remainder for that fiscal year as the 
     amount made available under section 1124 to the State for the 
     preceding fiscal year bears to the total amount made 
     available under section 1124 to all States for that year.
       ``(C) Reallotment.--If a State does not apply for funds 
     under this section, the Secretary shall reallot such funds to 
     other States that do not apply in proportion to the amount 
     allotted to such other States under subparagraph (B).

     ``SEC. 1603. STATE APPLICATIONS.

       ``(a) In General.--Each State educational agency that 
     desires to receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(b) Contents.--Each such application shall describe--
       ``(1) the process and selection criteria by which the State 
     educational agency, using expert review, will select local 
     educational agencies to receive subgrants under this section;
       ``(2) how the State educational agency will ensure that 
     only comprehensive school reforms that are based on promising 
     and effective practices and research-based programs receive 
     funds under this part;
       ``(3) how the State educational agency will disseminate 
     information on comprehensive school reforms that are based on 
     promising and effective practices and research-based 
     programs;
       ``(4) how the State educational agency will evaluate the 
     implementation of such reforms and measure the extent to 
     which the reforms have resulted in increased student academic 
     performance; and
       ``(5) how the State educational agency will make available 
     technical assistance to a local educational agency or 
     consortia of local educational agencies in evaluating, 
     developing, and implementing comprehensive school reform.

     ``SEC. 1604. STATE USE OF FUNDS.

       ``(a) In General.--Except as provided in subsection (e), a 
     State educational agency that receives a grant under this 
     part shall use the grant funds to award subgrants, on a 
     competitive basis, to local educational agencies or consortia 
     of local educational agencies in the State that receive funds 
     under part A.
       ``(b) Subgrant Requirements.--A subgrant to a local 
     educational agency or consortium shall be--
       ``(1) of sufficient size and scope to support the initial 
     costs for the particular comprehensive school reform plan 
     selected or designed by each school identified in the 
     application of the local educational agency or consortium;
       ``(2) in an amount not less than $50,000 for each 
     participating school; and
       ``(3) renewable for 2 additional 1-year periods after the 
     initial 1-year grant is made if the school is making 
     substantial progress in the implementation of reforms.
       ``(c) Priority.--A State educational agency, in awarding 
     subgrants under this part, shall give priority to local 
     educational agencies or consortia that--
       ``(1) plan to use the funds in schools identified as being 
     in need of improvement or corrective action under section 
     1116(c); and
       ``(2) demonstrate a commitment to assist schools with 
     budget allocation, professional development, and other 
     strategies necessary to ensure the comprehensive school 
     reforms are properly implemented and are sustained in the 
     future.
       ``(d) Grant Consideration.--In awarding subgrants under 
     this part, the State educational agency shall take into 
     consideration the equitable distribution of subgrants to 
     different geographic regions within the State, including 
     urban and rural areas, and to schools serving elementary 
     school and secondary students.
       ``(e) Administrative Costs.--A State educational agency 
     that receives a grant under this part may reserve not more 
     than 5 percent of the grant funds for administrative, 
     evaluation, and technical assistance expenses.
       ``(f) Supplement.--Funds made available under this part 
     shall be used to supplement, and not supplant, any other 
     Federal, State, or local funds that would otherwise be 
     available to carry out the activities assisted under this 
     part.
       ``(g) Reporting.--Each State educational agency that 
     receives a grant under this part shall provide to the 
     Secretary such information as the Secretary may require, 
     including the names of local educational agencies and schools 
     receiving assistance under this part, the amount of the 
     assistance, and a description of the comprehensive school 
     reform model selected and used.

     ``SEC. 1605. LOCAL APPLICATIONS.

       ``(a) In General.--Each local educational agency or 
     consortium of local educational agencies desiring a subgrant 
     under this section shall submit an application to the State 
     educational agency at such time, in such manner, and 
     containing such information as the State educational agency 
     may reasonably require.
       ``(b) Contents.--Each such application shall--
       ``(1) identify the schools, that are eligible for 
     assistance under part A, that plan to implement a 
     comprehensive school reform program, including the projected 
     costs of such a program;
       ``(2) describe the promising and effective practices and 
     research-based programs that such schools will implement;
       ``(3) describe how the local educational agency or 
     consortium will provide technical assistance and support for 
     the effective implementation of the promising and effective 
     practices and research-based school reforms selected by such 
     schools; and
       ``(4) describe how the local educational agency or 
     consortium will evaluate the implementation of such reforms 
     and measure the results achieved in improving student 
     academic performance.

     ``SEC. 1606. LOCAL USE OF FUNDS.

       ``(a) Uses of Funds.--A local educational agency or 
     consortium that receives a subgrant under this section shall 
     provide the subgrant funds to schools, that are eligible for 
     assistance under part A and served by the agency, to enable 
     the schools to implement a comprehensive school reform 
     program for--
       ``(1) employing innovative strategies for student learning, 
     teaching, and school management that are based on promising 
     and effective practices and research-based programs and have 
     been replicated successfully in schools with diverse 
     characteristics;
       ``(2) integrating a comprehensive design for effective 
     school functioning, including instruction, assessment, 
     classroom management, professional development, parental 
     involvement, and school management, that aligns the school's 
     curriculum, technology, and professional development into a 
     comprehensive reform plan for schoolwide change designed to 
     enable all students to meet challenging State content and 
     student performance standards and addresses needs identified 
     through a school needs assessment;
       ``(3) providing high quality and continuous teacher and 
     staff professional development;
       ``(4) the inclusion of measurable goals for student 
     performance;
       ``(5) support for teachers, principals, administrators, and 
     other school personnel staff;
       ``(6) meaningful community and parental involvement 
     initiatives that will strengthen school improvement 
     activities;
       ``(7) using high quality external technical support and 
     assistance from an entity that has experience and expertise 
     in schoolwide reform and improvement, which may include an 
     institution of higher education;
       ``(8) evaluating school reform implementation and student 
     performance; and
       ``(9) identification of other resources, including Federal, 
     State, local, and private resources, that shall be used to 
     coordinate services that will support and sustain the school 
     reform effort.
       ``(b) Special Rule.--A school that receives funds to 
     develop a comprehensive school reform program shall not be 
     limited to using the approaches identified or developed by 
     the Secretary, but may develop the school's own comprehensive 
     school reform programs for schoolwide change as described in 
     subsection (a).

     ``SEC. 1607. NATIONAL EVALUATION AND REPORTS.

       ``(a) In General.--The Secretary shall develop a plan for a 
     national evaluation of the programs assisted under this part.
       ``(b) Evaluation.--The national evaluation shall--
       ``(1) evaluate the implementation and results achieved by 
     schools after 3 years of implementing comprehensive school 
     reforms; and
       ``(2) assess the effectiveness of comprehensive school 
     reforms in schools with diverse characteristics.
       ``(c) Reports.--Prior to the completion of the national 
     evaluation, the Secretary shall submit an interim report 
     describing implementation activities for the Comprehensive 
     School Reform Program, which began in 1998, to the Committee 
     on Education and the Workforce, and the Committee on 
     Appropriations of the House of Representatives, and the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Appropriations of the Senate.

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

     ``SEC. 1701. PURPOSE.

       ``The purpose of this part is to provide for school dropout 
     prevention and reentry and to raise academic achievement 
     levels by providing grants, to schools through State 
     educational agencies, that--
       ``(1) challenge all children to attain their highest 
     academic potential; and
       ``(2) ensure that all students have substantial and ongoing 
     opportunities to do so through schoolwide programs proven 
     effective in school dropout prevention.

               ``Subpart 1--Coordinated National Strategy

     ``SEC. 1711. NATIONAL ACTIVITIES.

       ``(a) In General.--The Secretary is authorized--
       ``(1) to collect systematic data on the participation in 
     the programs described in paragraph (2)(C) of individuals 
     disaggregated within each State, local educational agency, 
     and school by gender, by each major racial and ethnic group, 
     by English proficiency status, by migrant status, by students 
     with disabilities as compared to nondisabled students, and by 
     economically disadvantaged students as compared to students 
     who are not economically disadvantaged;
       ``(2) to establish and to consult with an interagency 
     working group which shall--
       ``(A) address inter- and intra-agency program coordination 
     issues at the Federal level with respect to school dropout 
     prevention and middle school and secondary school reentry, 
     assess the targeting of existing Federal services to students

[[Page 6127]]

     who are most at risk of dropping out of school, and the cost-
     effectiveness of various programs and approaches used to 
     address school dropout prevention;
       ``(B) describe the ways in which State and local agencies 
     can implement effective school dropout prevention programs 
     using funds from a variety of Federal programs, including the 
     programs under this title and the School-to-Work 
     Opportunities Act of 1994; and
       ``(C) address all Federal programs with school dropout 
     prevention or school reentry elements or objectives, programs 
     under title I of this Act, the School-to-Work Opportunities 
     Act of 1994, part B of title IV of the Job Training 
     Partnership Act, subtitle C of title I of the Workforce 
     Investment Act of 1998, and other programs; and
       ``(3) carry out a national recognition program in 
     accordance with subsection (b) that recognizes schools that 
     have made extraordinary progress in lowering school dropout 
     rates under which a public middle school or secondary school 
     from each State will be recognized.
       ``(b) Recognition Program.--
       ``(1) National guidelines.--The Secretary shall develop 
     uniform national guidelines for the recognition program which 
     shall be used to recognize schools from nominations submitted 
     by State educational agencies.
       ``(2) Eligible schools.--The Secretary may recognize under 
     the recognition program any public middle school or secondary 
     school (including a charter school) that has implemented 
     comprehensive reforms regarding the lowering of school 
     dropout rates for all students at that school.
       ``(3) Support.--The Secretary may make monetary awards to 
     schools recognized under the recognition program in amounts 
     determined by the Secretary. Amounts received under this 
     section shall be used for dissemination activities within the 
     school district or nationally.

       ``Subpart 2--National School Dropout Prevention Initiative

     ``SEC. 1721. PROGRAM AUTHORIZED.

       ``(a) Allotments to States.--
       ``(1) In general.--From the sum made available under 
     section 1732(b) for a fiscal year the Secretary shall make an 
     allotment to each State in an amount that bears the same 
     relation to the sum as the amount the State received under 
     this title for the preceding fiscal year bears to the amount 
     received by all States under this title for the preceding 
     fiscal year.
       ``(2) Definition of state.--In this subpart, the term 
     `State' means each of the several States of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, the 
     Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau.
       ``(b) Grants.--From amounts made available to a State under 
     subsection (a), the State educational agency may award grants 
     to public middle schools or secondary schools, that have 
     school dropout rates which are in the highest \1/3\ of all 
     school dropout rates in the State, to enable the schools to 
     pay only the startup and implementation costs of effective, 
     sustainable, coordinated, and whole school dropout prevention 
     programs that involve activities such as--
       ``(1) professional development;
       ``(2) obtaining curricular materials;
       ``(3) release time for professional staff;
       ``(4) planning and research;
       ``(5) remedial education;
       ``(6) reduction in pupil-to-teacher ratios;
       ``(7) efforts to meet State student achievement standards;
       ``(8) counseling and mentoring for at-risk students; and
       ``(9) comprehensive school reform models.
       ``(c) Amount.--
       ``(1) In general.--Subject to subsection (d) and except as 
     provided in paragraph (2), a grant under this subpart shall 
     be awarded--
       ``(A) in the first year that a school receives a grant 
     payment under this subpart, in an amount that is not less 
     than $50,000 and not more than $100,000, based on factors 
     such as--
       ``(i) school size;
       ``(ii) costs of the model or set of prevention and reentry 
     strategies being implemented; and
       ``(iii) local cost factors such as poverty rates;
       ``(B) in the second such year, in an amount that is not 
     less than 75 percent of the amount the school received under 
     this subpart in the first such year;
       ``(C) in the third year, in an amount that is not less than 
     50 percent of the amount the school received under this 
     subpart in the first such year; and
       ``(D) in each succeeding year in an amount that is not less 
     than 30 percent of the amount the school received under this 
     subpart in the first such year.
       ``(2) Increases.--The Secretary shall increase the amount 
     awarded to a school under this subpart by 10 percent if the 
     school creates smaller learning communities within the school 
     and the creation is certified by the State educational 
     agency.
       ``(d) Duration.--A grant under this subpart shall be 
     awarded for a period of 3 years, and may be continued for a 
     period of 2 additional years if the State educational agency 
     determines, based on the annual reports described in section 
     1727(a), that significant progress has been made in lowering 
     the school dropout rate for students participating in the 
     program assisted under this subpart compared to students at 
     similar schools who are not participating in the program.

     ``SEC. 1722. STRATEGIES AND CAPACITY BUILDING.

       ``(a) Strategies.--Each school receiving a grant under this 
     subpart shall implement research-based, sustainable, and 
     widely replicated, strategies for school dropout prevention 
     and reentry that address the needs of an entire school 
     population rather than a subset of students. The strategies 
     may include--
       ``(1) specific strategies for targeted purposes, such as 
     effective early intervention programs designed to identify 
     at-risk students, effective programs encompassing 
     traditionally underserved students, including racial and 
     ethnic minorities and pregnant and parenting teenagers, 
     designed to prevent such students from dropping out of 
     school, and effective programs to identify and encourage 
     youth who have already dropped out of school to reenter 
     school and complete their secondary education; and
       ``(2) approaches such as breaking larger schools down into 
     smaller learning communities and other comprehensive reform 
     approaches, creating alternative school programs, developing 
     clear linkages to career skills and employment, and 
     addressing specific gatekeeper hurdles that often limit 
     student retention and academic success.
       ``(b) Capacity Building.--
       ``(1) In general.--The Secretary, through a contract with a 
     non-Federal entity, shall conduct a capacity building and 
     design initiative in order to increase the types of proven 
     strategies for dropout prevention and reentry that address 
     the needs of an entire school population rather than a subset 
     of students.
       ``(2) Number and duration.--
       ``(A) Number.--The Secretary shall award not more than 5 
     contracts under this subsection.
       ``(B) Duration.--The Secretary shall award a contract under 
     this section for a period of not more than 5 years.
       ``(c) Support for Existing Reform Networks.--
       ``(1) In general.--The Secretary shall provide appropriate 
     support to eligible entities to enable the eligible entities 
     to provide training, materials, development, and staff 
     assistance to schools assisted under this subpart.
       ``(2) Definition of eligible entity.--The term `eligible 
     entity' means an entity that, prior to the date of enactment 
     of the Educational Opportunities Act--
       ``(A) provided training, technical assistance, and 
     materials to 100 or more elementary schools or secondary 
     schools; and
       ``(B) developed and published a specific educational 
     program or design for use by the schools.

     ``SEC. 1723. SELECTION OF SCHOOLS.

       ``(a) School Application.--
       ``(1) In general.--Each school desiring a grant under this 
     subpart shall submit an application to the State educational 
     agency at such time, in such manner, and accompanied by such 
     information as the State educational agency may require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall--
       ``(A) contain a certification from the local educational 
     agency serving the school that--
       ``(i) the school has the highest number or rates of school 
     dropouts in the age group served by the local educational 
     agency;
       ``(ii) the local educational agency is committed to 
     providing ongoing operational support, for the school's 
     comprehensive reform plan to address the problem of school 
     dropouts, for a period of 5 years; and
       ``(iii) the local educational agency will support the plan, 
     including--

       ``(I) release time for teacher training;
       ``(II) efforts to coordinate activities for feeder schools; 
     and
       ``(III) encouraging other schools served by the local 
     educational agency to participate in the plan;

       ``(B) demonstrate that the faculty and administration of 
     the school have agreed to apply for assistance under this 
     subpart, and provide evidence of the school's willingness and 
     ability to use the funds under this subpart, including 
     providing an assurance of the support of 80 percent or more 
     of the professional staff at the school;
       ``(C) describe the instructional strategies to be 
     implemented, how the strategies will serve all students, and 
     the effectiveness of the strategies;
       ``(D) describe a budget and timeline for implementing the 
     strategies;
       ``(E) contain evidence of coordination with existing 
     resources;
       ``(F) provide an assurance that funds provided under this 
     subpart will supplement and not supplant other Federal, 
     State, and local funds;
       ``(G) describe how the activities to be assisted conform 
     with research-based knowledge about school dropout prevention 
     and reentry; and
       ``(H) demonstrate that the school and local educational 
     agency have agreed to conduct a schoolwide program under 
     section 1114.
       ``(b) State Agency Review and Award.--The State educational 
     agency shall review applications and award grants to schools 
     under subsection (a) according to a review by a panel of 
     experts on school dropout prevention.
       ``(c) Eligibility.--A school is eligible to receive a grant 
     under this subpart if the school is--
       ``(1) a public school (including a public alternative 
     school)--
       ``(A) that is eligible to receive assistance under part A, 
     including a comprehensive secondary school, a vocational or 
     technical secondary school, and a charter school; and
       ``(B)(i) that serves students 50 percent or more of whom 
     are low-income individuals; or
       ``(ii) with respect to which the feeder schools that 
     provide the majority of the incoming students to the school 
     serve students 50 percent or more of whom are low-income 
     individuals; or

[[Page 6128]]

       ``(2) participating in a schoolwide program under section 
     1114 during the grant period.
       ``(d) Community-Based Organizations.--A school that 
     receives a grant under this subpart may use the grant funds 
     to secure necessary services from a community-based 
     organization, including private sector entities, if--
       ``(1) the school approves the use;
       ``(2) the funds are used to provide school dropout 
     prevention and reentry activities related to schoolwide 
     efforts; and
       ``(3) the community-based organization has demonstrated the 
     organization's ability to provide effective services as 
     described in section 107(a) of the Job Training Partnership 
     Act, or section 122 of the Workforce Investment Act of 1998.
       ``(e) Coordination.--Each school that receives a grant 
     under this subpart shall coordinate the activities assisted 
     under this subpart with other Federal programs, such as 
     programs assisted under chapter 1 of subpart 2 of part A of 
     title IV of the Higher Education Act of 1965 and the School-
     to-Work Opportunities Act of 1994.

     ``SEC. 1724. DISSEMINATION ACTIVITIES.

       ``Each school that receives a grant under this subpart 
     shall provide information and technical assistance to other 
     schools within the school district, including presentations, 
     document-sharing, and joint staff development.

     ``SEC. 1725. PROGRESS INCENTIVES.

       ``Notwithstanding any other provision of law, each local 
     educational agency that receives funds under this title shall 
     use such funding to provide assistance to schools served by 
     the agency that have not made progress toward lowering school 
     dropout rates after receiving assistance under this subpart 
     for 2 fiscal years.

     ``SEC. 1726. SCHOOL DROPOUT RATE CALCULATION.

       ``For purposes of calculating a school dropout rate under 
     this subpart, a school shall use--
       ``(1) the annual event school dropout rate for students 
     leaving a school in a single year determined in accordance 
     with the National Center for Education Statistics' Common 
     Core of Data, if available; or
       ``(2) in other cases, a standard method for calculating the 
     school dropout rate as determined by the State educational 
     agency.

     ``SEC. 1727. REPORTING AND ACCOUNTABILITY.

       ``(a) Reporting.--In order to receive funding under this 
     subpart for a fiscal year after the first fiscal year a 
     school receives funding under this subpart, the school shall 
     provide, on an annual basis, to the Secretary a report 
     regarding the status of the implementation of activities 
     funded under this subpart, the outcome data for students at 
     schools assisted under this subpart disaggregated in the same 
     manner as information under section 1711(a) (such as dropout 
     rates), and certification of progress from the eligible 
     entity whose strategies the school is implementing.
       ``(b) Accountability.--On the basis of the reports 
     submitted under subsection (a), the Secretary shall evaluate 
     the effect of the activities assisted under this subpart on 
     school dropout prevention compared to a control group.

     ``SEC. 1728. STATE RESPONSIBILITIES.

       ``(a) Uniform Data Collection.--Within 1 year after the 
     date of enactment of the Educational Opportunities Act, a 
     State educational agency that receives funds under this part 
     shall report to the Secretary and statewide, all school 
     district and school data regarding school dropout rates in 
     the State disaggregated in the same manner as information 
     under section 1711(a), according to procedures that conform 
     with the National Center for Education Statistics' Common 
     Core of Data.
       ``(b) Attendance-Neutral Funding Policies.--Within 2 years 
     after the date of enactment of the Educational Opportunities 
     Act, a State educational agency that receives funds under 
     this part shall develop and implement education funding 
     formula policies for public schools that provide appropriate 
     incentives to retain students in school throughout the school 
     year, such as--
       ``(1) a student count methodology that does not determine 
     annual budgets based on attendance on a single day early in 
     the academic year; and
       ``(2) specific incentives for retaining enrolled students 
     throughout each year.
       ``(c) Suspension and Expulsion Policies.--Within 2 years 
     after the date of enactment of the Educational Opportunities 
     Act, a State educational agency that receives funds under 
     this part shall develop uniform, long-term suspension and 
     expulsion policies for serious infractions resulting in more 
     than 10 days of exclusion from school per academic year so 
     that similar violations result in similar penalties.
       ``(d) Regulations.--The Secretary shall promulgate 
     regulations implementing subsections (a) through (c).

       ``Subpart 3--Definitions; Authorization of Appropriations

     ``SEC. 1731. DEFINITIONS.

       ``In this part:
       ``(1) Low-income.--The term `low-income', used with respect 
     to an individual, means an individual determined to be low-
     income in accordance with measures described in section 
     1113(a)(5).
       ``(2) School dropout.--The term `school dropout' has the 
     meaning given the term in section 4(17) of the School-to-Work 
     Opportunities Act of 1994.

     ``SEC. 1732. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Subpart 1.--There are authorized to be appropriated 
     to carry out subpart 1, $5,000,000 for fiscal year 2001 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years.
       ``(b) Subpart 2.--There are authorized to be appropriated 
     to carry out subpart 2, $145,000,000 for fiscal year 2001 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years, of which--
       ``(1) $125,000,000 shall be available to carry out section 
     1721; and
       ``(2) $20,000,000 shall be available to carry out section 
     1722.''.

            TITLE II--PROFESSIONAL DEVELOPMENT FOR TEACHERS

     SEC. 201. TEACHER QUALITY.

       Title II (20 U.S.C. 6601 et seq.) is amended by striking 
     the title heading and all that follows through part A and 
     inserting the following:

                      ``TITLE II--TEACHER QUALITY

                     ``PART A--TEACHER EMPOWERMENT

     ``SEC. 2001. PURPOSE.

       ``The purpose of this part is to provide grants to States 
     and local educational agencies, in order to assist their 
     efforts to increase student academic achievement and student 
     performance through such strategies as improving teacher 
     quality.

                     ``Subpart 1--Grants to States

     ``SEC. 2011. FORMULA GRANTS TO STATES.

       ``(a) In General.--In the case of each State that, in 
     accordance with section 2014, submits to the Secretary and 
     obtains approval of an application for a fiscal year, the 
     Secretary shall make a grant for the year to the State for 
     the uses specified in section 2012. The grant shall consist 
     of the allotment determined for the State under subsection 
     (b).
       ``(b) Determination of Amount of Allotment.--
       ``(1) Reservation of funds.--
       ``(A) In general.--From the total amount made available to 
     carry out this subpart for any fiscal year, the Secretary 
     shall reserve--
       ``(i) \1/2\ of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be 
     distributed among those outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purpose of this part; and
       ``(ii) \1/2\ of 1 percent for the Secretary of the Interior 
     for programs under this part for professional development 
     activities for teachers and other staff in schools operated 
     or funded by the Bureau of Indian Affairs.
       ``(B) Limitation.--In reserving an amount for the purposes 
     described in clauses (i) and (ii) of subparagraph (A) for a 
     fiscal year, the Secretary shall not reserve more than the 
     total amount the outlying areas and the schools operated or 
     funded by the Bureau of Indian Affairs received under the 
     authorities described in paragraph (2)(A)(i) for fiscal year 
     2000.
       ``(2) State allotments.--
       ``(A) Hold harmless.--
       ``(i) In general.--Subject to subparagraph (B), from the 
     total amount made available to carry out this subpart for any 
     fiscal year and not reserved under paragraph (1), the 
     Secretary shall allot to each of the 50 States, the District 
     of Columbia, and the Commonwealth of Puerto Rico an amount 
     equal to the total amount that such State received for fiscal 
     year 2000 under--

       ``(I) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the Educational Opportunities 
     Act); and
       ``(II) section 310 of the Department of Education 
     Appropriations Act, 2000 (as enacted by section 1000(a)(4) of 
     division B of Public Law 106-113).

       ``(ii) Ratable reduction.--If the total amount made 
     available to carry out this subpart for any fiscal year and 
     not reserved under paragraph (1) is insufficient to pay the 
     full amounts that all States are eligible to receive under 
     clause (i) for any fiscal year, the Secretary shall ratably 
     reduce such amounts for such fiscal year.
       ``(B) Allotment of additional funds.--
       ``(i) In general.--Subject to clause (ii), for any fiscal 
     year for which the total amount made available to carry out 
     this subpart and not reserved under paragraph (1) exceeds the 
     total amount made available to the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico for fiscal year 
     2000 under the authorities described in subparagraph (A)(i), 
     the Secretary shall allot to each of those States the sum 
     of--

       ``(I) an amount that bears the same relationship to 50 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(II) an amount that bears the same relationship to 50 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       ``(ii) Exception.--No State receiving an allotment under 
     clause (i) may receive less than \1/2\ of 1 percent of the 
     total excess amount allotted under clause (i) for a fiscal 
     year.
       ``(3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot such amount to the remaining States 
     in accordance with this subsection.

     ``SEC. 2012. ALLOCATIONS WITHIN STATES.

       ``(a) Use of Funds.--Each State receiving a grant under 
     this subpart shall use the funds

[[Page 6129]]

     provided under the grant in accordance with this section to 
     carry out activities for the improvement of teaching and 
     learning.
       ``(b) Required and Authorized Expenditures.--
       ``(1) Required expenditures.--The Secretary may make a 
     grant to a State under this subpart only if the State agrees 
     to expend not less than 90 percent of the amount of the funds 
     provided under the grant for the purpose of making subgrants 
     to local educational agencies and eligible partnerships (as 
     defined in section 2021(e)), in accordance with subsection 
     (c).
       ``(2) Authorized expenditures.--A State that receives a 
     grant under this subpart may expend a portion equal to not 
     more than 10 percent of the amount of the funds provided 
     under the grant for 1 or more of the authorized State 
     activities described in section 2013 or to make grants to 
     eligible partnerships to enable the partnerships to carry out 
     subpart 2 (but not more than 5 percent of such portion may be 
     used for planning and administration related to carrying out 
     such purpose).
       ``(c) Distribution of Subgrants to Local Educational 
     Agencies and Eligible Partnerships.--
       ``(1) Allocations to local educational agencies.--
       ``(A) In general.--A State receiving a grant under this 
     subpart shall distribute a portion equal to 95 percent of the 
     amount described in subsection (b)(1) by allocating to each 
     eligible local educational agency the sum of--
       ``(i) an amount that bears the same relationship to 25 
     percent of the portion as the number of individuals enrolled 
     in public and private nonprofit elementary schools and 
     secondary schools in the geographic area served by the agency 
     bears to the number of those individuals in the geographic 
     areas served by all the local educational agencies in the 
     State; and
       ``(ii) an amount that bears the same relationship to 75 
     percent of the portion as the number of individuals age 5 
     through 17 from families with incomes below the poverty line, 
     in the geographic area served by the agency, as determined by 
     the Secretary on the basis of the most recent satisfactory 
     data, bears to the number of those individuals in the 
     geographic areas served by all the local educational agencies 
     in the State, as so determined.
       ``(B) Use of funds.--The State shall make subgrants to 
     local educational agencies from allocations made under this 
     paragraph to enable the agencies to carry out subpart 3.
       ``(2) Competitive subgrants to eligible partnerships.--
       ``(A) Competitive process.--A State receiving a grant under 
     this subpart shall transfer a portion equal to 5 percent of 
     the amount described in subsection (b)(1) to the State agency 
     for higher education, which shall distribute the portion 
     through a competitive process.
       ``(B) Participants.--The competitive process carried out 
     under subparagraph (A) shall be open to eligible partnerships 
     (as defined in section 2021(e)).
       ``(C) Use of funds.--In distributing funds under this 
     paragraph, the State agency for higher education shall make 
     subgrants to the eligible partnerships to enable the 
     partnerships to carry out subpart 2 (but not more than 5 
     percent of the funds made available to the eligible 
     partnerships through the subgrants may be used for planning 
     and administration related to carrying out such purpose).

     ``SEC. 2013. STATE USE OF FUNDS.

       ``(a) Authorized State Activities.--The authorized State 
     activities referred to in section 2012(b)(2) are the 
     following:
       ``(1) Reforming teacher certification (including 
     recertification) or licensing requirements to ensure that--
       ``(A) teachers have the necessary teaching skills and 
     academic content knowledge in the academic subjects in which 
     the teachers are assigned to teach;
       ``(B) the requirements are aligned with the State's 
     challenging State content standards; and
       ``(C) teachers have the knowledge and skills necessary to 
     help students meet challenging State student performance 
     standards.
       ``(2) Carrying out programs that--
       ``(A) include support during the initial teaching 
     experience, such as mentoring programs; and
       ``(B) establish, expand, or improve alternative routes to 
     State certification of teachers for highly qualified 
     individuals with a baccalaureate degree, including mid-career 
     professionals from other occupations, paraprofessionals, 
     former military personnel, and recent college or university 
     graduates with records of academic distinction who 
     demonstrate the potential to become highly effective 
     teachers.
       ``(3) Developing and implementing effective mechanisms to 
     assist local educational agencies and schools in effectively 
     recruiting and retaining highly qualified and effective 
     teachers and principals.
       ``(4) Developing or improving systems of performance 
     measures to evaluate the effectiveness of professional 
     development programs and activities in improving teacher 
     quality, skills, and content knowledge, and increasing 
     student academic achievement and student performance.
       ``(5) Developing or improving systems to evaluate the 
     impact of teachers on student academic achievement and 
     student performance.
       ``(6) Providing technical assistance to local educational 
     agencies consistent with this part.
       ``(7) Funding projects to promote reciprocity of teacher 
     certification or licensure between or among States, except 
     that no reciprocity agreement developed under this paragraph 
     or developed using funds provided under this part may lead to 
     the weakening of any State teaching certification or 
     licensing requirement.
       ``(8) Developing or assisting local educational agencies or 
     eligible partnerships (as defined in section 2021(e)) in the 
     development and utilization of proven, innovative strategies 
     to deliver intensive professional development programs and 
     activities that are both cost-effective and easily 
     accessible, such as through the use of technology and 
     distance learning.
       ``(9) Supporting activities to encourage and support 
     teachers seeking national board certification from the 
     National Board for Professional Teaching Standards or other 
     recognized entities.
       ``(10) Providing professional development activities 
     involving training in advanced placement instruction.
       ``(b) Coordination.--A State that receives a grant to carry 
     out this subpart and a grant under section 202 of the Higher 
     Education Act of 1965 shall coordinate the activities carried 
     out under this section and the activities carried out under 
     that section 202.

     ``SEC. 2014. APPLICATIONS BY STATES.

       ``(a) In General.--To be eligible to receive a grant under 
     this subpart, a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(b) Contents.--Each application submitted under this 
     section shall include the following:
       ``(1) A description of how the State will ensure that a 
     local educational agency receiving a subgrant to carry out 
     subpart 3 will comply with the requirements of such subpart.
       ``(2)(A) An assurance that the State will measure the 
     annual progress of the local educational agencies and schools 
     in the State with respect to--
       ``(i) improving student academic achievement and student 
     performance, in accordance with content standards and student 
     performance standards established under part A of title I;
       ``(ii) closing academic achievement gaps, reflected in 
     disaggregated data described in section 1111(b)(3)(I), 
     between minority and non-minority groups and low-income and 
     non-low-income groups; and
       ``(iii) improving performance on other specific indicators 
     for professional development, such as increasing the 
     percentage of classes in core academic subjects that are 
     taught by highly qualified teachers.
       ``(B) An assurance that the State will require each local 
     educational agency and school in the State receiving funds 
     under this part to publicly report information on the 
     agency's or school's annual progress, measured as described 
     in subparagraph (A).
       ``(3) A description of how the State will hold the local 
     educational agencies and schools accountable for making 
     annual progress as described in paragraph (2), subject to 
     part A of title I.
       ``(4)(A) A description of how the State will coordinate 
     professional development activities authorized under this 
     part with professional development activities provided under 
     other Federal, State, and local programs, including those 
     authorized under--
       ``(i) titles I and IV, part A of title V, and part A of 
     title VII; and
       ``(ii) where applicable, the Individuals with Disabilities 
     Education Act, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998, and title II of the Higher Education 
     Act of 1965.
       ``(B) A description of the comprehensive strategy that the 
     State will use as part of the effort to carry out the 
     coordination, to ensure that teachers, paraprofessionals, and 
     principals are trained in the utilization of technology so 
     that technology and technology applications are effectively 
     used in the classroom to improve teaching and learning in all 
     curriculum areas and academic subjects, as appropriate.
       ``(5) A description of how the State will encourage the 
     development of proven, innovative strategies to deliver 
     intensive professional development programs that are both 
     cost-effective and easily accessible, such as through the use 
     of technology and distance learning.
       ``(6) A description of how the activities to be carried out 
     by the State under this subpart will be based on a review of 
     relevant research and an explanation of why the activities 
     are expected to improve student performance and outcomes.
       ``(c) Application Submission.--A State application 
     submitted to the Secretary under this section shall be 
     approved by the Secretary unless the Secretary makes a 
     written determination, within 90 days after receiving the 
     application, that the application is in violation of the 
     provisions of this Act.

            ``Subpart 2--Subgrants to Eligible Partnerships

     ``SEC. 2021. PARTNERSHIP GRANTS.

       ``(a) In General.--From the portion described in section 
     2012(c)(2)(A), the State agency for higher education, working 
     in conjunction with the State educational agency (if such 
     agencies are separate), shall award subgrants on a 
     competitive basis under section 2012(c) to eligible 
     partnerships to enable such partnerships to carry out 
     activities described in subsection (b). The State agency for 
     higher education shall ensure that such subgrants shall be 
     equitably distributed by geographic area within the State, or 
     ensure that eligible partnerships in all geographic areas 
     within the State are served through the grants.
       ``(b) Use of Funds.--An eligible partnership that receives 
     funds under section 2012 shall use the funds for--

[[Page 6130]]

       ``(1) professional development activities in core academic 
     subjects to ensure that teachers, paraprofessionals, and, if 
     appropriate, principals have content knowledge in the 
     academic subjects that the teachers teach; and
       ``(2) developing and providing assistance to local 
     educational agencies and individuals who are teachers, 
     paraprofessionals or principals of public and private schools 
     served by each such agency, for sustained, high-quality 
     professional development activities that--
       ``(A) ensure that the agencies and individuals are able to 
     use State content standards, performance standards, and 
     assessments to improve instructional practices and improve 
     student academic achievement and student performance; and
       ``(B) may include intensive programs designed to prepare 
     such individuals who will return to a school to provide such 
     instruction to other such individuals within such school.
       ``(c) Special Rule.--No single participant in an eligible 
     partnership may use more than 50 percent of the funds made 
     available to the partnership under section 2012.
       ``(d) Coordination.--An eligible partnership that receives 
     a grant to carry out this subpart and a grant under section 
     203 of the Higher Education Act of 1965 shall coordinate the 
     activities carried out under this section and the activities 
     carried out under that section 203.
       ``(e) Eligible Partnership.--In this section, the term 
     `eligible partnership' means an entity that--
       ``(1) shall include--
       ``(A) a private or State institution of higher education 
     and the division of the institution that prepares teachers;
       ``(B) a school of arts and sciences; and
       ``(C) a high need local educational agency; and
       ``(2) may include other local educational agencies, a 
     public charter school, a public or private elementary school 
     or secondary school, an educational service agency, a public 
     or private nonprofit educational organization, other 
     institutions of higher education, a school of arts and 
     sciences within such an institution, the division of such an 
     institution that prepares teachers, a nonprofit cultural 
     organization, an entity carrying out a prekindergarten 
     program, a teacher organization, or a business.

          ``Subpart 3--Subgrants to Local Educational Agencies

     ``SEC. 2031. LOCAL USE OF FUNDS.

       ``(a) Required Activities.--
       ``(1) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use the 
     subgrant to carry out the activities described in this 
     subsection.
       ``(2) Required professional development activities.--
       ``(A) Mathematics and science.--
       ``(i) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use a 
     portion of the funds made available through the subgrant for 
     professional development activities in mathematics and 
     science in accordance with section 2032.
       ``(ii) Grandfather of old waivers.--A waiver provided to a 
     local educational agency under part D of title XIV prior to 
     the date of enactment of the Educational Opportunities Act 
     shall be deemed to be in effect until such time as the waiver 
     otherwise would have ceased to be effective.
       ``(B) Professional development activities.--Each local 
     educational agency that receives a subgrant to carry out this 
     subpart shall use a portion of the funds made available 
     through the subgrant for professional development activities 
     that give teachers, paraprofessionals, and principals the 
     knowledge and skills to provide students with the opportunity 
     to meet challenging State or local content standards and 
     student performance standards. Such activities shall be 
     consistent with section 2032.
       ``(b) Allowable Activities.--Each local educational agency 
     that receives a subgrant to carry out this subpart may use 
     the funds made available through the subgrant to carry out 
     the following activities:
       ``(1) Recruiting and hiring certified or licensed teachers, 
     including teachers certified through State and local 
     alternative routes, in order to reduce class size, or hiring 
     special education teachers.
       ``(2) Initiatives to assist in recruitment of highly 
     qualified teachers who will be assigned teaching positions 
     within their fields, including--
       ``(A) providing signing bonuses or other financial 
     incentives, such as differential pay, for teachers to teach 
     in academic subjects in which there exists a shortage of such 
     teachers within a school or the area served by the local 
     educational agency;
       ``(B) establishing programs that--
       ``(i) recruit professionals from other fields and provide 
     such professionals with alternative routes to teacher 
     certification; and
       ``(ii) provide increased opportunities for minorities, 
     individuals with disabilities, and other individuals 
     underrepresented in the teaching profession; and
       ``(C) implementing hiring policies that ensure 
     comprehensive recruitment efforts as a way to expand the 
     applicant pool of teachers, such as identifying teachers 
     certified through alternative routes, and by implementing a 
     system of intensive screening designed to hire the most 
     qualified applicants.
       ``(3) Initiatives to promote retention of highly qualified 
     teachers and principals, including--
       ``(A) programs that provide mentoring to newly hired 
     teachers, such as mentoring from master teachers, and to 
     newly hired principals; and
       ``(B) programs that provide other incentives, including 
     financial incentives, to retain teachers who have a record of 
     success in helping low-achieving students improve their 
     academic success.
       ``(4) Programs and activities that are designed to improve 
     the quality of the teacher force, and the abilities of 
     paraprofessionals and principals, such as--
       ``(A) innovative professional development programs (which 
     may be through partnerships including institutions of higher 
     education), including programs that train teachers, 
     paraprofessionals, and principals to utilize technology to 
     improve teaching and learning, that are consistent with the 
     requirements of section 2032;
       ``(B) development and utilization of proven, cost-effective 
     strategies for the implementation of professional development 
     activities, such as through the utilization of technology and 
     distance learning;
       ``(C) professional development programs that provide 
     instruction in how to teach children with different learning 
     styles, particularly children with disabilities and children 
     with special learning needs (including children who are 
     gifted and talented); and
       ``(D) professional development programs that provide 
     instruction in how best to discipline children in the 
     classroom and identify early and appropriate interventions to 
     help children described in subparagraph (C) to learn.
       ``(5) Activities that provide teacher opportunity payments, 
     consistent with section 2033.

     ``SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

       ``(a) Limitation Relating to Curriculum and Academic 
     Subjects.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds made available to carry out this subpart may be 
     provided for a teacher, paraprofessional, or principal, and a 
     professional development activity, only if the activity is--
       ``(A) directly related to the curriculum and academic 
     subjects in which a teacher provides instruction; or
       ``(B) designed to enhance the ability of a teacher, 
     paraprofessional, or principal to understand and use State 
     standards for the academic subjects in which a teacher 
     provides instruction.
       ``(2) Exception.--Paragraph (1) shall not be construed to 
     prohibit the use of the funds for professional development 
     activities that provide instruction described in 
     subparagraphs (C) and (D) of section 2031(b)(4).
       ``(b) Other Requirements.--Professional development 
     activities provided under this subpart--
       ``(1) shall be tied to challenging State or local content 
     standards and student performance standards;
       ``(2) shall be tied to strategies and programs that 
     demonstrate effectiveness in increasing student academic 
     achievement and student performance, or substantially 
     increasing the knowledge and teaching skills of the teachers 
     participating in the activities;
       ``(3) in the case of activities for teachers, shall be of 
     sufficient intensity and duration to have a positive and 
     lasting impact on the performance of a teacher in the 
     classroom (which shall not include 1-day or short-term 
     workshops and conferences), except that this paragraph shall 
     not apply to an activity if such activity is 1 component 
     described in a long-term comprehensive professional 
     development plan established by the teacher and the teacher's 
     supervisor based upon an assessment of the needs of the 
     teacher, the students of the teacher, and the local 
     educational agency involved; and
       ``(4) shall be developed with extensive participation of 
     teachers, paraprofessionals, and principals of schools to be 
     served under this part.
       ``(c) Accountability and Required Payments.--
       ``(1) In general.--If, at the end of any fiscal year, a 
     State determines that a local educational agency has failed 
     to make progress in accordance with section 2014(b)(2) during 
     the fiscal year, the State shall notify the local educational 
     agency that the agency shall be subject to the requirement of 
     paragraph (3).
       ``(2) Technical assistance.--A local educational agency 
     that receives notification pursuant to paragraph (1) may 
     request technical assistance from the State in order to 
     provide the opportunity for such local educational agency to 
     make progress in accordance with section 2014(b)(2).
       ``(3) Requirement to provide teacher opportunity 
     payments.--
       ``(A) In general.--A local educational agency that receives 
     notification pursuant to paragraph (1) with respect to any 2 
     consecutive fiscal years shall expend under section 2033 for 
     the succeeding fiscal year a proportion of the funds made 
     available to the agency to carry out this subpart equal to 
     the proportion of such funds expended by the agency for 
     professional development activities for the second fiscal 
     year for which the agency received the notification.
       ``(B) Requests.--On request by a group of teachers in 
     schools served by the local educational agency, the agency 
     shall use a portion of the funds provided to the agency to 
     carry out this subpart, to provide payments in accordance 
     with section 2033.
       ``(4) Special rule.--
       ``(A) Subsequent years of progress.--A local educational 
     agency that receives notification from the State pursuant to 
     paragraph (1) with respect to a fiscal year and makes 
     progress in accordance with section 2014(b)(2) for at least

[[Page 6131]]

     the 2 subsequent years shall not be required to provide 
     payments in accordance with section 2033 for the next 
     subsequent year.
       ``(B) Subsequent years without progress.--A local 
     educational agency that receives notification from the State 
     pursuant to paragraph (1) with respect to a fiscal year and 
     fails to make progress in accordance with section 2014(b)(2) 
     for at least the 2 subsequent fiscal years shall request the 
     technical assistance described in paragraph (2) from the 
     State for the next subsequent year.
       ``(d) Definition.--In this section, the term `professional 
     development activity' means an activity described in 
     subsection (a)(2) or (b)(4) of section 2031.

     ``SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.

       ``(a) In General.--A local educational agency receiving 
     funds to carry out this subpart may (or in the case of 
     section 2032(c)(3), shall) provide payments directly to a 
     teacher or a group of teachers seeking opportunities to 
     participate in a professional development activity of their 
     choice that meets the criteria set forth in subsections (a) 
     and (b) of section 2032.
       ``(b) Notice to Teachers.--Each local educational agency 
     distributing payments under this section--
       ``(1) shall establish and implement a timely process 
     through which proper notice of availability of the payments 
     will be given to all teachers in schools served by the 
     agency; and
       ``(2) shall develop a process through which teachers will 
     be specifically recommended by principals to participate in 
     such opportunities by virtue of--
       ``(A) the teachers' lack of full certification or licensing 
     to teach the academic subjects in which the teachers teach; 
     or
       ``(B) the teachers' need for additional assistance to 
     ensure that their students make progress toward meeting 
     challenging State content standards and student performance 
     standards.
       ``(c) Selection of Teachers.--In the event adequate funding 
     is not available to provide payments under this section to 
     all teachers seeking such payments, or recommended under 
     subsection (b)(2), a local educational agency shall establish 
     procedures for selecting teachers for the payments, which 
     shall provide priority for those teachers recommended under 
     subsection (b)(2).
       ``(d) Eligible Activity.--A teacher receiving a payment 
     under this section shall have the choice of attending any 
     professional development activity that meets the criteria set 
     forth in subsections (a) and (b) of section 2032, as 
     determined by the State involved.

     ``SEC. 2034. LOCAL APPLICATIONS.

       ``(a) In General.--A local educational agency seeking to 
     receive a subgrant from a State to carry out this subpart 
     shall submit an application to the State at such time as the 
     State shall require.
       ``(b) Local Application Contents.--The local application 
     described in subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A description of how the local educational agency 
     intends to use funds provided to carry out this subpart.
       ``(2) An assurance that the local educational agency will 
     target funds to schools served by the local educational 
     agency that--
       ``(A) have the lowest proportions of highly qualified 
     teachers;
       ``(B) are identified for school improvement under section 
     1116(c); or
       ``(C) are identified for school improvement in accordance 
     with other measures of school quality as determined and 
     documented by the local educational agency.
       ``(3) A description of how the local educational agency 
     will coordinate professional development activities 
     authorized under this subpart with professional development 
     activities provided through other Federal, State, and local 
     programs, including those authorized under--
       ``(A) titles I and IV, part A of title V, and part A of 
     title VII; and
       ``(B) where applicable, the Individuals with Disabilities 
     Education Act, the Carl D. Perkins Vocational and Technical 
     Education Act of 1998, and title II of the Higher Education 
     Act of 1965.
       ``(4) A description of how the local educational agency 
     will integrate funds received to carry out this subpart with 
     funds received under part A of title V that are used for 
     professional development to train teachers, 
     paraprofessionals, and principals in how to use technology to 
     improve learning and teaching.
       ``(5) A description of how the local educational agency has 
     collaborated with teachers, paraprofessionals, principals, 
     and parents in the preparation of the application.
       ``(6) A description of how the activities to be carried out 
     by the local educational agency under this subpart will be 
     based on a review of relevant research and an explanation of 
     why the activities are expected to improve student 
     performance and outcomes.

                    ``Subpart 4--National Activities

     ``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING AND PROMOTING 
                   EXCELLENCE IN TEACHING.

       ``(a) Teacher Excellence Academies.--
       ``(1) In general.--The Secretary may award grants on a 
     competitive basis to eligible consortia to carry out 
     activities described in this subsection.
       ``(2) Use of funds.--
       ``(A) In general.--An eligible consortium receiving funds 
     under this subsection shall use the funds to pay the costs 
     associated with the establishment or expansion of a teacher 
     academy, in an elementary school or secondary school 
     facility, that carries out--
       ``(i) the activities promoting alternative routes to 
     teacher certification specified in subparagraph (B); or
       ``(ii) the model professional development activities 
     specified in subparagraph (C).
       ``(B) Promoting alternative routes to teacher 
     certification.--The activities promoting alternative routes 
     to teacher certification shall, to the extent practicable, 
     provide opportunities for highly qualified individuals with a 
     baccalaureate degree (including mid-career professionals from 
     other occupations, paraprofessionals, former military 
     personnel, and recent college or university graduates with 
     records of academic distinction) to enter the teaching field, 
     through activities such as--
       ``(i) providing stipends, in exchange for fulfillment of a 
     reasonable service requirement, to the highly qualified 
     individuals, to permit the individuals to fill teaching needs 
     in academic subjects in which there is a demonstrated 
     shortage of teachers;
       ``(ii) providing for the recruitment and hiring of master 
     teachers to mentor and train student teachers within such 
     academies; or
       ``(iii) carrying out other activities that promote and 
     strengthen alternative routes to teacher certification.
       ``(C) Model professional development.--The model 
     professional development activities shall be activities 
     providing ongoing professional development opportunities for 
     teachers, such as--
       ``(i) innovative programs and model curricula in the area 
     of professional development, which may serve as models to be 
     disseminated to other schools and local educational agencies; 
     and
       ``(ii) the development of innovative techniques for 
     evaluating the effectiveness of professional development 
     programs.
       ``(3) Grant for special consortium.--In making grants under 
     this subsection, the Secretary shall award not less than 1 
     grant to an eligible consortium that--
       ``(A) includes a high need local educational agency located 
     in a rural area; and
       ``(B) proposes activities that involve the extensive use of 
     distance learning in order to provide the applicable course 
     work to student teachers.
       ``(4) Special rule.--No single participant in an eligible 
     consortium may use more than 50 percent of the funds made 
     available to the consortium under this subsection.
       ``(5) Application.--To be eligible to receive a grant under 
     this subsection, an eligible consortium shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(6) Eligible consortium.--In this subsection, the term 
     `eligible consortium' means a consortium for a State that--
       ``(A) shall include--
       ``(i) the State agency responsible for certifying or 
     licensing teachers;
       ``(ii) not less than 1 high need local educational agency;
       ``(iii) a school of arts and sciences; and
       ``(iv) an institution that prepares teachers; and
       ``(B) may include local educational agencies, public 
     charter schools, public or private elementary schools or 
     secondary schools, educational service agencies, public or 
     private nonprofit educational organizations, museums, or 
     businesses.
       ``(b) National Board for Professional Teaching Standards.--
       ``(1) National board certification.--The Secretary may 
     award grants to the National Board for Professional Teaching 
     Standards to enable the Board to complete a system of 
     national board certification. The Secretary may award grants 
     for fiscal year 2001.
       ``(2) Advanced certification or credentialing.--The 
     Secretary may support activities to encourage and support 
     teachers seeking advanced certification or advanced 
     credentialing through high quality professional teacher 
     enhancement programs designed to improve teaching and 
     learning.
       ``(c) Teacher Training in Mathematics and Science.--
       ``(1) In general.--The Secretary may award grants, on a 
     competitive basis, to eligible entities to support and 
     promote the establishment of teacher training programs 
     relating to the core subject areas of mathematics and 
     science.
       ``(2) Use of funds.--The programs shall include teacher 
     training with respect to the establishment of mentoring 
     programs, model programs, or other programs, that encourage 
     students, including young women, to pursue demanding careers 
     and postsecondary degrees in mathematics and science, 
     including engineering and technology.
       ``(3) Development.--In carrying out a teacher training 
     program under this section, the eligible entity may carry out 
     a program jointly developed by the entity and by a business, 
     an industry, or an institution of higher education.
       ``(4) Application.--To be eligible to receive a grant under 
     this subsection, an entity shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(d) Eisenhower National Clearinghouse for Mathematics and 
     Science Education.--
       ``(1) In general.--The Secretary may award a grant or 
     contract, in consultation with the Director of the National 
     Science Foundation, to an entity to continue the Eisenhower 
     National Clearinghouse for Mathematics and Science Education 
     (referred to in this subsection as the `Clearinghouse').
       ``(2) Use of funds.--

[[Page 6132]]

       ``(A) In general.--The Clearinghouse may use the funds made 
     available through the grant or contract to carry out the 
     functions of the Clearinghouse, as of the date of enactment 
     of the Educational Opportunities Act.
       ``(B) Language arts; social studies.--The Clearinghouse may 
     also use the funds to provide information and resources in 
     the areas of language arts and social studies.
       ``(C) Qualitative and evaluative materials and programs.--
     The Clearinghouse may also use the funds to collect (in 
     consultation with the Secretary, national teacher 
     associations, professional associations, and other reviewers 
     and developers of educational materials and programs) 
     qualitative and evaluative materials and programs for the 
     Clearinghouse, review the evaluation of the materials and 
     programs, rank the effectiveness of the materials and 
     programs on the basis of the evaluations, and distribute the 
     results of the reviews to teachers in an easily accessible 
     manner. Nothing in this subparagraph shall be construed to 
     permit the Clearinghouse to directly conduct an evaluation of 
     the qualitative and evaluative materials or programs.
       ``(e) Troops-to-Teachers Program.--
       ``(1) Purpose.--The purpose of this subsection is to 
     authorize a mechanism for the funding and administration of 
     the Troops-to-Teachers Program established by the Troops-to-
     Teachers Program Act of 1999 (title XVII of the National 
     Defense Authorization Act for Fiscal Year 2000).
       ``(2) Transfer of funds for administration of program.--To 
     the extent that funds are made available under this Act for 
     the Troops-to-Teachers Program, the Secretary of Education 
     shall use the funds to enter into a contract with the Defense 
     Activity for Non-Traditional Education Support of the 
     Department of Defense. The Defense Activity shall use the 
     amounts made available through the contract to perform the 
     actual administration of the Troops-to-Teachers Program, 
     including the selection of participants in the Program under 
     section 1704 of the Troops-to-Teachers Program Act of 1999. 
     The Secretary of Education may retain a portion of the funds 
     to identify local educational agencies with concentrations of 
     children from low-income families or with teacher shortages 
     and States with alternative certification or licensure 
     requirements, as required by section 1702 of such Act.

                          ``Subpart 5--Funding

     ``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fiscal Year 2001.--There are authorized to be 
     appropriated to carry out this part $2,000,000,000 for fiscal 
     year 2001, of which $40,000,000 shall be available to carry 
     out subpart 4.
       ``(b) Other Fiscal Years.--There are authorized to be 
     appropriated to carry out this part such sums as may be 
     necessary for each of fiscal years 2002 through 2005.

                    ``Subpart 6--General Provisions

     ``SEC. 2061. DEFINITIONS.

       ``In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' has 
     the meaning given the term in section 201(b) of the Higher 
     Education Act of 1965.
       ``(2) Core academic subjects.--The term `core academic 
     subjects' means those subjects listed under the third of the 
     America's Education Goals.
       ``(3) Highly qualified.--The term `highly qualified' 
     means--
       ``(A) with respect to an elementary school teacher, a 
     teacher--
       ``(i) with an academic major in the arts and sciences; or
       ``(ii) who can demonstrate competence through a high level 
     of performance in core academic subjects; and
       ``(B) with respect to a secondary school teacher, a 
     teacher--
       ``(i) with an academic major in the academic subject in 
     which the teacher teaches or in a related field;
       ``(ii) who can demonstrate a high level of competence 
     through rigorous academic subject tests; or
       ``(iii) who can demonstrate competence through a high level 
     of performance in relevant content areas.
       ``(4) High need local educational agency.--The term `high 
     need local educational agency' has the meaning given the term 
     in section 201(b) of the Higher Education Act of 1965.
       ``(5) Out-of-field teacher.--The term `out-of-field 
     teacher' means a teacher--
       ``(A) teaching an academic subject for which the teacher is 
     not highly qualified, as determined by the State involved; or
       ``(B) who did not receive a degree from an institution of 
     higher education with a major or minor in the field in which 
     the teacher teaches.
       ``(6) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act) applicable to a 
     family of the size involved.
       ``(7) State.--The term `State', used with respect to an 
     individual, entity, or agency, means--
       ``(A) except as provided in subparagraph (B), the Governor 
     of a State (as defined in section 3); or
       ``(B) in the case of a State (as so defined) for which the 
     constitution or law of the State designates another 
     individual, entity, or agency in the State to be responsible 
     for elementary and secondary education programs, such 
     individual, entity, or agency.''.

     SEC. 202. LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM.

       Part B of title II (20 U.S.C. 6641 et seq.) is amended to 
     read as follows:

         ``PART B--LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM

     ``SEC. 2201. LEADERSHIP PROGRAMS.

       ``(a) Definition.--In this section, the term `school 
     leader' means an elementary school or secondary school 
     superintendent, principal, assistant principal, or teacher, 
     or another individual in a management or leadership position 
     with a State or region of a State whose work directly impacts 
     teaching and learning relating to elementary or secondary 
     education.
       ``(b) Grants.--The Secretary shall award grants to eligible 
     entities (including State educational agencies, institutions 
     of higher education, local educational agencies, and 
     nonprofit educational organizations) and consortia of such 
     entities to enable such entities or consortia to pay for the 
     Federal share of the cost of providing professional 
     development services for school leaders to develop or enhance 
     the leadership skills of the school leaders. In providing the 
     services, the entities and consortia shall work in 
     cooperation with school leaders and other appropriate 
     individuals.
       ``(c) Award Basis.--The Secretary shall award a grant under 
     this section to an eligible entity or consortium on the basis 
     of criteria that include--
       ``(1) the quality of the proposed use of the grant funds;
       ``(2) the educational need of the State, community, or 
     region to be served under the grant; and
       ``(3) the need for equitable distribution of the grants 
     among urban and rural communities and school districts, and 
     equitable geographic representation of regions of the United 
     States.
       ``(d) Application.--To be eligible to receive a grant under 
     this section, an eligible entity or consortium shall prepare 
     and submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require, including an assurance that school leaders were 
     involved in developing the application and determining the 
     proposed use of the grant funds.
       ``(e) Use of Funds.--
       ``(1) In general.--An eligible entity or consortium that 
     receives a grant under this section shall use funds received 
     through the grant to provide assistance for training, 
     education, and other activities to increase the leadership 
     and other skills of school leaders.
       ``(2) Specific activities.--In order to improve the quality 
     of education delivered to the children in the State, 
     community, or region in which the entity or consortium is 
     located, the entity or consortium shall use the funds 
     received through the grant for activities that include--
       ``(A) providing school leaders with effective leadership, 
     management, and instructional skills and practices;
       ``(B) enhancing and developing the school management and 
     business skills of school leaders;
       ``(C) improving the understanding of school leaders of the 
     effective use of educational technology;
       ``(D) improving the knowledge of school leaders regarding 
     challenging State content and performance standards;
       ``(E) encouraging highly qualified individuals to become 
     school leaders and developing and enhancing the 
     instructional, leadership, school management, parent and 
     community involvement, mentoring, and staff evaluation skills 
     of school leaders; and
       ``(F) establishing sustained and rigorous support for 
     mentorships and for developing a network of school leaders 
     within the State with the goal of strengthening and improving 
     the leadership of school leaders.
       ``(f) Federal Share.--
       ``(1) In general.--The Federal share of the cost described 
     in subsection (b) shall be not more than 80 percent.
       ``(2) Non-federal share.--An entity or consortium may 
     provide the non-Federal share of the cost in cash or in kind, 
     fairly evaluated, including plant, equipment, or services.
       ``(3) Waivers.--The Secretary may grant waivers of 
     paragraph (1) for entities or consortia serving low-income 
     areas, as determined by the Secretary.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $100,000,000 for fiscal year 2001 and such sums as may be 
     necessary for the 4 subsequent fiscal years.''.

     SEC. 203. READING EXCELLENCE.

       (a) Part Heading.--The part heading for part C of title II 
     (20 U.S.C. 6661 et seq.) is amended to read as follows:

                  ``PART C--READING EXCELLENCE ACT''.

       (b) Authorization of Appropriations.--Section 2260(a) (20 
     U.S.C. 6661i(a)) is amended by adding at the end the 
     following:
       ``(3) Fiscal years 2001 through 2004.--There are authorized 
     to be appropriated to carry out this part $280,000,000 for 
     fiscal year 2001 and such sums as may be necessary for the 4 
     subsequent fiscal years.''.
       (c) Short Title.--Part C of title II (20 U.S.C. 6661 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 2261. SHORT TITLE.

       ``This part may be cited as the `Reading Excellence 
     Act'.''.

     SEC. 204. NATIONAL WRITING PROJECT.

       Part D of title II (20 U.S.C. 6671 et seq.) is amended to 
     read as follows:

                   ``PART D--NATIONAL WRITING PROJECT

     ``SEC. 2301. PURPOSE.

       ``The purpose of this part is--

[[Page 6133]]

       ``(1) to support and promote the expansion of the National 
     Writing Project network of sites so that teachers in every 
     region of the United States will have access to a National 
     Writing Project program;
       ``(2) to ensure the consistent high quality of the programs 
     through ongoing review, evaluation, and provision of 
     technical assistance;
       ``(3) to support and promote the establishment of programs 
     to disseminate information on effective practices and 
     research findings about the teaching of writing; and
       ``(4) to coordinate activities assisted under this part 
     with other activities assisted under this Act.

     ``SEC. 2302. NATIONAL WRITING PROJECT.

       ``(a) Authorization.--The Secretary is authorized to make a 
     grant to the National Writing Project (referred to in this 
     section as the `grantee'), a nonprofit educational 
     organization that has, as the primary purpose of the 
     organization, the improvement of the quality of student 
     writing and learning, to support the establishment and 
     operation of teacher training programs to improve the 
     teaching and uses of writing for learning in the Nation's 
     classrooms.
       ``(b) Requirements of Grant.--The grant agreement for the 
     grant shall provide that--
       ``(1) the grantee will enter into contracts with 
     institutions of higher education or other nonprofit 
     educational providers (referred to individually in this 
     section as a `contractor') under which the contractors will 
     agree to establish, operate, and provide the non-Federal 
     share of the cost of establishing and operating teacher 
     training programs concerning effective approaches and 
     processes for the teaching of writing;
       ``(2) funds made available by the Secretary to the grantee 
     under this section will be used to pay for the Federal share 
     of the cost of establishing and operating teacher training 
     programs as provided in paragraph (1); and
       ``(3) the grantee will meet such other conditions and 
     standards as the Secretary determines to be necessary to 
     assure compliance with the provisions of this section and 
     will provide such technical assistance as may be necessary to 
     carry out the provisions of this section.
       ``(c) Teacher Training Programs.--In operating a teacher 
     training program authorized in subsection (a), a contractor 
     shall--
       ``(1) conduct the program during the school year and during 
     the summer months;
       ``(2) train teachers who teach kindergarten, grades 1 
     through 12, and college;
       ``(3) select teachers to become members of a National 
     Writing Project teacher network, for which each member will 
     conduct writing workshops for other teachers in the area 
     served by a National Writing Project site; and
       ``(4) encourage teachers from all disciplines to 
     participate in such a teacher training program.
       ``(d) Federal Share.--
       ``(1) In general.--In this section, except as provided in 
     paragraph (2) or (3), the term `Federal share' means, with 
     respect to the cost of establishing and operating teacher 
     training programs authorized in subsection (a), 50 percent of 
     such cost to the contractor.
       ``(2) Waiver.--The Secretary may waive the provisions of 
     paragraph (1) on a case-by-case basis if the National 
     Advisory Board described in subsection (e) determines, on the 
     basis of financial need, that such waiver is necessary.
       ``(3) Maximum.--The Federal share of the cost described in 
     subsection (b) may not exceed $100,000 for any 1 contractor, 
     or $200,000 for a statewide program administered by any 1 
     contractor in at least 5 sites throughout the State.
       ``(e) National Advisory Board.--
       ``(1) Establishment.--The National Writing Project shall 
     establish and operate a National Advisory Board.
       ``(2) Composition.--The National Advisory Board established 
     pursuant to paragraph (1) shall consist of--
       ``(A) national educational leaders;
       ``(B) leaders in the field of writing; and
       ``(C) such other individuals as the National Writing 
     Project determines to be necessary.
       ``(3) Duties.--The National Advisory Board established 
     pursuant to paragraph (1) shall--
       ``(A) advise the National Writing Project on national 
     issues related to student writing and the teaching of 
     writing;
       ``(B) review the activities and programs of the National 
     Writing Project; and
       ``(C) support the continued development of the National 
     Writing Project.
       ``(f) Teacher Training Evaluation.--
       ``(1) In general.--
       ``(A) Evaluation.--The Secretary shall conduct an 
     independent evaluation by grant or contract of the teacher 
     training programs administered pursuant to this section in 
     accordance with part B of title X. In conducting the 
     evaluation, the Secretary shall determine the amount of funds 
     expended by the National Writing Project and each contractor 
     receiving assistance under this section for administrative 
     costs.
       ``(B) Report.--The Secretary shall submit a report 
     containing the results of such evaluation, including the 
     amount determined by the Secretary under subparagraph (A), to 
     the appropriate committees of Congress.
       ``(2) Funding limitation.--The Secretary shall reserve not 
     more than $150,000 from the total amount appropriated 
     pursuant to the authority of subsection (h) for fiscal year 
     2001 and the 4 subsequent fiscal years to conduct the 
     evaluation described in paragraph (1).
       ``(g) Application Review.--
       ``(1) Review board.--The National Writing Project shall 
     establish and operate a National Review Board that shall 
     consist of--
       ``(A) leaders in the field of research in writing; and
       ``(B) such other individuals as the National Writing 
     Project determines to be necessary.
       ``(2) Duties.--The National Review Board shall--
       ``(A) review all applications for assistance submitted 
     under this section; and
       ``(B) recommend applications for assistance submitted under 
     this section for funding by the National Writing Project.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $15,000,000 for fiscal year 2001, and such sums as may be 
     necessary for each of the 4 subsequent fiscal years.''.

     SEC. 205. GENERAL PROVISIONS.

       Title II (20 U.S.C. 6601 et seq.) is amended--
       (1) by redesignating part E as part G; and
       (2) by repealing sections 2401 and 2402 and inserting the 
     following:

     ``SEC. 2601. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION 
                   OR LICENSING OF TEACHERS.

       ``(a) Prohibition on Mandatory Testing, Certification, or 
     Licensing.--Notwithstanding any other provision of law, the 
     Secretary may not use Federal funds to plan, develop, 
     implement, or administer any mandatory national teacher test 
     or mandatory method of certification or licensing.
       ``(b) Prohibition on Withholding Funds.--The Secretary may 
     not withhold funds from any State or local educational agency 
     if such State or local educational agency fails to adopt a 
     specific method of teacher certification or licensing.

     ``SEC. 2602. HOME SCHOOLS.

       ``Nothing in this title shall be construed to permit, 
     allow, encourage, or authorize any Federal control over any 
     aspect of any private, religious, or home school, whether a 
     home school is treated as a private school or home school 
     under the law of the State involved, except that the 
     Secretary may require that funds provided to a school under 
     this title be used for the purposes described in this title. 
     This section shall not be construed to bar private, 
     religious, or home schools from participating in or receiving 
     programs or services under this title.''.

     SEC. 206. NEW CENTURY PROGRAM AND DIGITAL EDUCATION CONTENT 
                   COLLABORATIVE.

       Title II is amended by inserting before part G (20 U.S.C. 
     6701 et seq.) the following:

``PART E--THE NEW CENTURY PROGRAM FOR DISTRIBUTED TEACHER PROFESSIONAL 
                              DEVELOPMENT

     ``SEC. 2401. PROJECT AUTHORIZED.

       ``(a) Purpose.--It is the purpose of this part to carry out 
     a program designed to assist elementary school and secondary 
     school teachers in preparing all students for achieving State 
     content standards.
       ``(b) Grants.--The Secretary may make a grant to a 
     nonprofit telecommunications entity, or a partnership of such 
     entities, for the purpose of carrying out a national 
     telecommunications-based program to improve teaching in core 
     curriculum areas to achieve the purpose described in 
     subsection (a).

     ``SEC. 2402. APPLICATION.

       ``(a) In General.--Each nonprofit telecommunications 
     entity, or partnership of such entities, desiring a grant 
     under this part shall submit an application to the Secretary. 
     Each such application shall--
       ``(1) demonstrate that the applicant will use the public 
     broadcasting infrastructure and school digital networks, 
     where available, to deliver video and data in an integrated 
     service to train teachers in the use of standards-based 
     curricula materials and learning technologies;
       ``(2) provide an assurance that the project for which the 
     assistance is being sought will be conducted in cooperation 
     with appropriate State educational agencies, local 
     educational agencies, national, State, or local nonprofit 
     public telecommunications entities, and national education 
     professional associations that have developed content 
     standards in the relevant subject areas;
       ``(3) provide an assurance that a significant portion of 
     the benefits available for elementary schools and secondary 
     schools from the project for which the assistance is being 
     sought will be available to schools of local educational 
     agencies which have a high percentage of children counted 
     under section 1124(c); and
       ``(4) contain such additional assurances as the Secretary 
     may reasonably require.
       ``(b) Approval, Number of Sites.--In approving applications 
     under this section, the Secretary shall ensure that the 
     program authorized by this part is conducted at elementary 
     school and secondary school sites in at least 15 States.

     ``SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part, $20,000,000 for fiscal year 2001, and such sums as may 
     be necessary for each of the 4 subsequent fiscal years.

           ``PART F--DIGITAL EDUCATION CONTENT COLLABORATIVE

     ``SEC. 2501. DIGITAL EDUCATION CONTENT COLLABORATIVE.

       ``(a) In General.--The Secretary may award grants to, or 
     enter into contracts or cooperative agreements with, eligible 
     entities described in section 2502(b) to develop, produce, 
     and distribute educational and instructional video 
     programming that is designed for use by kindergarten through 
     grade 12 schools and based on State standards.

[[Page 6134]]

       ``(b) Availability.--In awarding grants, contracts, or 
     cooperative agreements under subsection (a), the Secretary 
     shall ensure that eligible entities enter into multiyear 
     content development collaborative arrangements with State 
     educational agencies, local educational agencies, 
     institutions of higher education, businesses, or other 
     agencies and organizations.

     ``SEC. 2502. EDUCATIONAL PROGRAMMING.

       ``(a) Awards.--The Secretary shall award grants, contracts, 
     or cooperative agreements under this part to eligible 
     entities to facilitate the development of educational 
     programming that shall--
       ``(1) include student assessment tools to provide feedback 
     on student performance;
       ``(2) include built-in teacher utilization and support 
     components to ensure that teachers understand and can easily 
     use the content of the programming with group instruction or 
     for individual student use;
       ``(3) be created for, or adaptable to, State content 
     standards; and
       ``(4) be capable of distribution through digital 
     broadcasting and school digital networks.
       ``(b) Eligible Entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under section 
     2501(a), an entity shall be a local public telecommunications 
     entity as defined in section 397(12) of the Communications 
     Act of 1934 that is able to demonstrate a capacity for the 
     development and distribution of educational and instructional 
     television programming of high quality.
       ``(c) Competitive Basis.--Grants, contracts, or cooperative 
     agreements under this part shall be awarded on a competitive 
     basis as determined by the Secretary.
       ``(d) Duration.--Each grant, contract, or cooperative 
     agreement under this part shall be awarded for a period of 3 
     years in order to allow time for the creation of a 
     substantial body of significant content.

     ``SEC. 2503. APPLICATIONS.

       ``Each eligible entity desiring a grant, contract, or 
     cooperative agreement under this part shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.

     ``SEC. 2504. MATCHING REQUIREMENT.

       ``An eligible entity receiving a grant, contract, or 
     cooperative agreement under this part shall contribute to the 
     activities assisted under this part non-Federal matching 
     funds in an amount equal to not less than 100 percent of the 
     amount of the grant, contract, or cooperative agreement. Non-
     Federal funds may include funds provided from a non-Federal 
     source for the transition to digital broadcasting, as well as 
     in-kind contributions.

     ``SEC. 2505. ADMINISTRATIVE COSTS.

       ``With respect to the implementation of this part, entities 
     receiving a grant, contract, or cooperative agreement under 
     this part may use not more than 5 percent of the amounts 
     received under the grant, contract, or cooperative agreement 
     for the normal and customary expenses of administering the 
     grant.

     ``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part, $25,000,000 for fiscal year 2001, and such sums as may 
     be necessary for each of the 4 subsequent fiscal years.''.

     SEC. 207. CONFORMING AMENDMENTS.

       (a) Ed-Flex Programs.--Section 4(b)(2) of the Education 
     Flexibility Partnership Act of 1999 (20 U.S.C. 5891b(b)(2)) 
     is amended by striking ``Part B of title II'' and inserting 
     ``Subparts 1, 2, and 3 of part A of title II''.
       (b) Waiver Authority of Secretary of Education.--Section 
     502(b)(2) of the School-to-Work Opportunities Act of 1994 (20 
     U.S.C. 6212(b)(2)) is amended by striking ``part A of title 
     II'' and inserting ``subpart 4 of part A of title II''.

                   TITLE III--ENRICHMENT INITIATIVES

     SEC. 301. ENRICHMENT INITIATIVES.

       Title III (20 U.S.C. 6801 et seq.) is amended to read as 
     follows:

                  ``TITLE III--ENRICHMENT INITIATIVES

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

     ``SEC. 3101. SHORT TITLE.

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

     ``SEC. 3102. PURPOSE.

       It is the purpose of this part--
       ``(1) to provide local public schools with the opportunity 
     to serve as centers for the delivery of education and human 
     resources for all members of communities;
       ``(2) to enable public schools, primarily in rural and 
     inner city communities, to collaborate with other public and 
     nonprofit agencies and organizations, local businesses, 
     educational entities (such as vocational and adult education 
     programs, school-to-work programs, community colleges, and 
     universities), recreational, cultural, and other community 
     and human service entities, to meet the needs of, and expand 
     the opportunities available to, the residents of the 
     communities served by such schools;
       ``(3) to use school facilities, equipment, and resources so 
     that communities can promote a more efficient use of public 
     education facilities, especially in rural and inner city 
     areas where limited financial resources have enhanced the 
     necessity for local public schools to become social service 
     centers;
       ``(4) to enable schools to become centers of lifelong 
     learning; and
       ``(5) to enable schools to provide educational 
     opportunities for individuals of all ages.

     ``SEC. 3103. PROGRAM AUTHORIZATION.

       ``(a) Grants by the Secretary.--The Secretary is 
     authorized, in accordance with the provisions of this part, 
     to award grants to rural and inner-city public elementary or 
     secondary schools, or consortia of such schools, to enable 
     such schools or consortia to plan, implement, or to expand 
     projects that benefit the educational, health, social 
     service, cultural, and recreational needs of a rural or 
     inner-city community.
       ``(b) Equitable Distribution.--In awarding grants under 
     this part, the Secretary shall assure an equitable 
     distribution of assistance among the States, among urban and 
     rural areas of the United States, and among urban and rural 
     areas of a State.
       ``(c) Grant Period.--The Secretary shall award grants under 
     this part for a period not to exceed 3 years.
       ``(d) Amount.--The Secretary shall not award a grant under 
     this part in any fiscal year in an amount less than $35,000.

     ``SEC. 3104. APPLICATION REQUIRED.

       ``(a) Application.--To be eligible to receive a grant under 
     this part, an elementary or secondary school or consortium 
     shall submit an application to the Secretary at such time, in 
     such manner, and accompanied by such information as the 
     Secretary may reasonably prescribe. Each such application 
     shall include--
       ``(1) a comprehensive local plan that enables the school or 
     consortium to serve as a center for the delivery of education 
     and human resources for members of a community;
       ``(2) an evaluation of the needs, available resources, and 
     goals and objectives for the proposed project in order to 
     determine which activities will be undertaken to address such 
     needs; and
       ``(3) a description of the proposed project, including--
       ``(A) a description of the mechanism that will be used to 
     disseminate information in a manner that is understandable 
     and accessible to the community;
       ``(B) identification of Federal, State, and local programs 
     to be merged or coordinated so that public resources may be 
     maximized;
       ``(C) a description of the collaborative efforts to be 
     undertaken by community-based organizations, related public 
     agencies, businesses, or other appropriate organizations;
       ``(D) a description of how the school or consortium will 
     serve as a delivery center for existing and new services, 
     especially for interactive telecommunication used for 
     education and professional training; and
       ``(E) an assurance that the school or consortium will 
     establish a facility utilization policy that specifically 
     states--
       ``(i) the rules and regulations applicable to building and 
     equipment use; and
       ``(ii) supervision guidelines.
       ``(b) Priority.--The Secretary shall give priority to 
     applications describing projects that offer a broad selection 
     of services which address the needs of the community.

     ``SEC. 3105. USES OF FUNDS.

       ``Grants awarded under this part may be used to plan, 
     implement, or expand community learning centers which include 
     not less than four of the following activities:
       ``(1) Literacy education programs.
       ``(2) Senior citizen programs.
       ``(3) Children's day care services.
       ``(4) Integrated education, health, social service, 
     recreational, or cultural programs.
       ``(5) Summer and weekend school programs in conjunction 
     with recreation programs.
       ``(6) Nutrition and health programs.
       ``(7) Expanded library service hours to serve community 
     needs.
       ``(8) Telecommunications and technology education programs 
     for individuals of all ages.
       ``(9) Parenting skills education programs.
       ``(10) Support and training for child day care providers.
       ``(11) Employment counseling, training, and placement.
       ``(12) Services for individuals who leave school before 
     graduating from secondary school, regardless of the age of 
     such individual.
       ``(13) Services for individuals with disabilities.

     ``SEC. 3106. DEFINITION.

       ``For the purpose of this part, the term `community 
     learning center' means an entity within a public elementary 
     or secondary school building that--
       ``(1) provides educational, recreational, health, and 
     social service programs for residents of all ages within a 
     local community; and
       ``(2) is operated by a local educational agency in 
     conjunction with local governmental agencies, businesses, 
     vocational education programs, institutions of higher 
     education, community colleges, and cultural, recreational, 
     and other community and human service entities.

     ``SEC. 3107. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $500,000,000 for 
     fiscal year 2001, and such sums as may be necessary for each 
     of the four succeeding fiscal years, to carry out this part.

  ``PART B--INITIATIVES FOR NEGLECTED, DELINQUENT, OR AT RISK STUDENTS

  ``Subpart 1--Prevention and Intervention Programs for Children and 
    Youth Who Are Neglected, Delinquent, or at Risk of Dropping Out

     ``SEC. 3321. PURPOSE; PROGRAM AUTHORIZED.

       ``(a) Purpose.--It is the purpose of this subpart--
       ``(1) to improve educational services for children in local 
     and State institutions for neglected

[[Page 6135]]

     or delinquent children and youth so that such children and 
     youth have the opportunity to meet the same challenging State 
     content standards and challenging State student performance 
     standards that all children in the State are expected to 
     meet;
       ``(2) to provide such children and youth with the services 
     needed to make a successful transition from 
     institutionalization to further schooling or employment; and
       ``(3) to prevent at-risk youth from dropping out of school 
     and to provide dropouts and youth returning from institutions 
     with a support system to ensure their continued education.
       ``(b) Program Authorized.--In order to carry out the 
     purpose of this subpart the Secretary shall make grants to 
     State educational agencies to enable such agencies to award 
     subgrants to State agencies and local educational agencies to 
     establish or improve programs of education for neglected or 
     delinquent children and youth at risk of dropping out of 
     school before graduation.

     ``SEC. 3322. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.

       ``(a) Agency Subgrants.--Based on the allocation amount 
     computed under section 3332, the Secretary shall allocate to 
     each State educational agency amounts necessary to make 
     subgrants to State agencies under chapter 1.
       ``(b) Local Subgrants.--Each State shall retain, for 
     purposes of carrying out chapter 2, funds generated 
     throughout the State under part A of title I based on youth 
     residing in local correctional facilities, or attending 
     community day programs for delinquent children and youth.

                   ``Chapter 1--State Agency Programs

     ``SEC. 3331. ELIGIBILITY.

       ``A State agency is eligible for assistance under this 
     chapter if such State agency is responsible for providing 
     free public education for children--
       ``(1) in institutions for neglected or delinquent children 
     and youth;
       ``(2) attending community day programs for neglected or 
     delinquent children and youth; or
       ``(3) in adult correctional institutions.

     ``SEC. 3332. ALLOCATION OF FUNDS.

       ``(a) Subgrants to State Agencies.--
       ``(1) In general.--Each State agency described in section 
     3331 (other than an agency in the Commonwealth of Puerto 
     Rico) is eligible to receive a subgrant under this subpart, 
     for each fiscal year, an amount equal to the product of--
       ``(A) the number of neglected or delinquent children and 
     youth described in section 3331 who--
       ``(i) are enrolled for at least 15 hours per week in 
     education programs in adult correctional institutions; and
       ``(ii) are enrolled for at least 20 hours per week--

       ``(I) in education programs in institutions for neglected 
     or delinquent children and youth; or
       ``(II) in community day programs for neglected or 
     delinquent children and youth; and

       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     subparagraph shall not be less than 32 percent, nor more than 
     48 percent, of the average per-pupil expenditure in the 
     United States.
       ``(2) Special rule.--The number of neglected or delinquent 
     children and youth determined under paragraph (1) shall--
       ``(A) be determined by the State agency by a deadline set 
     by the Secretary, except that no State agency shall be 
     required to determine the number of such children and youth 
     on a specific date set by the Secretary; and
       ``(B) be adjusted, as the Secretary determines is 
     appropriate, to reflect the relative length of such agency's 
     annual programs.
       ``(b) Subgrants to State Agencies in Puerto Rico.--For each 
     fiscal year, the amount of the subgrant for which a State 
     agency in the Commonwealth of Puerto Rico is eligible under 
     this subpart shall be equal to--
       ``(1) the number of children and youth counted under 
     subsection (a)(1)(A) for the Commonwealth of Puerto Rico; 
     multiplied by
       ``(2) the product of--
       ``(A) the percentage that the average per-pupil expenditure 
     in the Commonwealth of Puerto Rico is of the lowest average 
     per-pupil expenditure of any of the 50 States; and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(c) Ratable Reductions in Case of Insufficient 
     Appropriations.--If the amount appropriated for any fiscal 
     year for subgrants under subsections (a) and (b) is 
     insufficient to pay the full amount for which all State 
     agencies are eligible under such subsections, the Secretary 
     shall ratably reduce each such amount.

     ``SEC. 3333. STATE REALLOCATION OF FUNDS.

       ``If a State educational agency determines that a State 
     agency does not need the full amount of the subgrant for 
     which such State agency is eligible under this subpart for 
     any fiscal year, the State educational agency may reallocate 
     the amount that will not be needed to other eligible State 
     agencies that need additional funds to carry out the purpose 
     of this subpart, in such amounts as the State educational 
     agency shall determine.

     ``SEC. 3334. STATE PLAN AND STATE AGENCY APPLICATIONS.

       ``(a) State Plan.--
       ``(1) In general.--Each State educational agency that 
     desires to receive a grant under this subpart shall submit, 
     for approval by the Secretary, a plan for meeting the needs 
     of neglected and delinquent children and youth and, where 
     applicable, children and youth at risk of dropping out of 
     school, that is integrated with other programs under this 
     Act, or other Acts, as appropriate, consistent with section 
     6506.
       ``(2) Contents.--Each such State plan shall--
       ``(A) describe the program goals, objectives, and 
     performance measures established by the State that will be 
     used to assess the effectiveness of the program in improving 
     academic and vocational skills of children in the program;
       ``(B) provide that, to the extent feasible, such children 
     will have the same opportunities to learn as such children 
     would have if such children were in the schools of local 
     educational agencies in the State; and
       ``(C) contain assurances that the State educational agency 
     will--
       ``(i) ensure that programs assisted under this subpart will 
     be carried out in accordance with the State plan described in 
     this subsection;
       ``(ii) carry out the evaluation requirements of section 
     3351;
       ``(iii) ensure that the State agencies receiving subgrants 
     under this chapter comply with all applicable statutory and 
     regulatory requirements; and
       ``(iv) provide such other information as the Secretary may 
     reasonably require.
       ``(3) Duration of the plan.--Each State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this subpart; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this subpart.
       ``(b) Secretarial Approval; Peer Review.--
       ``(1) In general.--The Secretary shall approve each State 
     plan that meets the requirements of this subpart.
       ``(2) Peer review.--The Secretary may review any State plan 
     with the assistance and advice of individuals with relevant 
     expertise.
       ``(c) State Agency Applications.--Any State agency that 
     desires to receive funds to carry out a program under this 
     chapter shall submit an application to the State educational 
     agency that--
       ``(1) describes the procedures to be used, consistent with 
     the State plan under section 1111, to assess the educational 
     needs of the children to be served;
       ``(2) provides assurances that in making services available 
     to youth in adult correctional institutions, priority will be 
     given to such youth who are likely to complete incarceration 
     within a 2-year period;
       ``(3) describes the program, including a budget for the 
     first year of the program, with annual updates to be provided 
     to the State educational agency;
       ``(4) describes how the program will meet the goals and 
     objectives of the State plan;
       ``(5) describes how the State agency will consult with 
     experts and provide the necessary training for appropriate 
     staff, to ensure that the planning and operation of 
     institution-wide projects under section 3336 are of high 
     quality;
       ``(6) describes how the agency will carry out the 
     evaluation requirements of section 10201 and how the results 
     of the most recent evaluation are used to plan and improve 
     the program;
       ``(7) includes data showing that the agency has maintained 
     the fiscal effort required of a local educational agency, in 
     accordance with section 10101;
       ``(8) describes how the programs will be coordinated with 
     other appropriate State and Federal programs, such as 
     programs under title I of the Workforce Investment Act of 
     1998, vocational education programs, State and local dropout 
     prevention programs, and special education programs;
       ``(9) describes how appropriate professional development 
     will be provided to teachers and other staff;
       ``(10) designates an individual in each affected 
     institution to be responsible for issues relating to the 
     transition of children and youth from the institution to 
     locally operated programs;
       ``(11) describes how the agency will, endeavor to 
     coordinate with businesses for training and mentoring for 
     participating children and youth;
       ``(12) provides assurances that the agency will assist in 
     locating alternative programs through which students can 
     continue their education if students are not returning to 
     school after leaving the correctional facility;
       ``(13) provides assurances that the agency will work with 
     parents to secure parents' assistance in improving the 
     educational achievement of their children and preventing 
     their children's further involvement in delinquent 
     activities;
       ``(14) provides assurances that the agency works with 
     special education youth in order to meet an existing 
     individualized education program and an assurance that the 
     agency will notify the youth's local school if the youth--
       ``(A) is identified as in need of special education 
     services while the youth is in the facility; and
       ``(B) intends to return to the local school;
       ``(15) provides assurances that the agency will work with 
     youth who dropped out of school before entering the facility 
     to encourage the youth to reenter school once the term of the 
     youth has been completed or provide the youth with the skills 
     necessary to gain employment, continue the education of the 
     youth, or achieve a secondary school diploma or its 
     recognized equivalent if the youth does not intend to return 
     to school;
       ``(16) provides assurances that teachers and other 
     qualified staff are also trained to work with children with 
     disabilities and other students with special needs taking 
     into consideration the unique needs of such students;

[[Page 6136]]

       ``(17) describes any additional services provided to 
     children and youth, such as career counseling, and assistance 
     in securing student loans and grants; and
       ``(18) provides assurances that the program under this 
     chapter will be coordinated with any programs operated under 
     the Juvenile Justice and Delinquency Prevention Act of 1974 
     or other comparable programs, if applicable.

     ``SEC. 3335. USE OF FUNDS.

       ``(a) Uses.--
       ``(1) In general.--A State agency shall use funds received 
     under this chapter only for programs and projects that--
       ``(A) are consistent with the State plan under section 
     3334(a); and
       ``(B) concentrate on providing participants with the 
     knowledge and skills needed to make a successful transition 
     to secondary school completion, further education, or 
     employment.
       ``(2) Programs and projects.--Such programs and projects--
       ``(A) may include the acquisition of equipment;
       ``(B) shall be designed to support educational services 
     that--
       ``(i) except for institution-wide projects under section 
     3336, are provided to children and youth identified by the 
     State agency as failing, or most at risk of failing, to meet 
     the State's challenging State content standards and 
     challenging State student performance standards;
       ``(ii) supplement and improve the quality of the 
     educational services provided to such children and youth by 
     the State agency; and
       ``(iii) afford such children and youth an opportunity to 
     learn to such challenging State standards;
       ``(C) shall be carried out in a manner consistent with 
     section 1120A and part F of title I; and
       ``(D) may include the costs of meeting the evaluation 
     requirements of section 10201.
       ``(b) Supplement, Not Supplant.--A program under this 
     chapter that supplements the number of hours of instruction 
     students receive from State and local sources shall be 
     considered to comply with the supplement, not supplant 
     requirement of section 1120A without regard to the subject 
     areas in which instruction is given during those hours.

     ``SEC. 3336. INSTITUTION-WIDE PROJECTS.

       ``A State agency that provides free public education for 
     children and youth in an institution for neglected or 
     delinquent children and youth (other than an adult 
     correctional institution) or attending a community-day 
     program for such children may use funds received under this 
     subpart to serve all children in, and upgrade the entire 
     educational effort of, that institution or program if the 
     State agency has developed, and the State educational agency 
     has approved, a comprehensive plan for that institution or 
     program that--
       ``(1) provides for a comprehensive assessment of the 
     educational needs of all youth in the institution or program 
     serving juveniles;
       ``(2) provides for a comprehensive assessment of the 
     educational needs of youth aged 20 and younger in adult 
     facilities who are expected to complete incarceration within 
     a two-year period;
       ``(3) describes the steps the State agency has taken, or 
     will take, to provide all youth under age 21 with the 
     opportunity to meet challenging State content standards and 
     challenging State student performance standards in order to 
     improve the likelihood that the youths will complete 
     secondary school, attain a secondary diploma or its 
     recognized equivalent, or find employment after leaving the 
     institution;
       ``(4) describes the instructional program, pupil services, 
     and procedures that will be used to meet the needs described 
     in paragraph (1), including, to the extent feasible, the 
     provision of mentors for students;
       ``(5) specifically describes how such funds will be used;
       ``(6) describes the measures and procedures that will be 
     used to assess student progress;
       ``(7) describes how the agency has planned, and will 
     implement and evaluate, the institution-wide or program-wide 
     project in consultation with personnel providing direct 
     instructional services and support services in institutions 
     or community-day programs for neglected or delinquent 
     children and personnel from the State educational agency; and
       ``(8) includes an assurance that the State agency has 
     provided for appropriate training for teachers and other 
     instructional and administrative personnel to enable such 
     teachers and personnel to carry out the project effectively.

     ``SEC. 3337. THREE-YEAR PROGRAMS OR PROJECTS.

       ``If a State agency operates a program or project under 
     this chapter in which individual children are likely to 
     participate for more than one year, the State educational 
     agency may approve the State agency's application for a 
     subgrant under this subpart for a period of not more than 
     three years.

     ``SEC. 3338. TRANSITION SERVICES.

       ``(a) Transition Services.--Each State agency shall reserve 
     not more than 10 percent of the amount such agency receives 
     under this chapter for any fiscal year to support projects 
     that facilitate the transition of children and youth from 
     State-operated institutions to local educational agencies.
       ``(b) Conduct of Projects.--A project supported under this 
     section may be conducted directly by the State agency, or 
     through a contract or other arrangement with one or more 
     local educational agencies, other public agencies, or private 
     nonprofit organizations.
       ``(c) Limitation.--Any funds reserved under subsection (a) 
     shall be used only to provide transitional educational 
     services, which may include pupil services and mentoring, to 
     neglected and delinquent children and youth in schools other 
     than State-operated institutions.
       ``(d) Construction.--Nothing in this section shall be 
     construed to prohibit a school that receives funds under 
     subsection (a) from serving neglected and delinquent children 
     and youth simultaneously with students with similar 
     educational needs, in the same educational settings where 
     appropriate.

                   ``Chapter 2--Local Agency Programs

     ``SEC. 3341. PURPOSE.

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

     ``SEC. 3342. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

       ``(a) Local Subgrants.--With funds made available under 
     section 3322(b), the State educational agency shall award 
     subgrants to local educational agencies with high numbers or 
     percentages of youth residing in locally operated (including 
     county operated) correctional facilities for youth (including 
     facilities involved in community day programs).
       ``(b) Special Rule.--A local educational agency which 
     includes a correctional facility that operates a school is 
     not required to operate a dropout prevention program if more 
     than 30 percent of the youth attending such facility will 
     reside outside the boundaries of the local educational agency 
     upon leaving such facility.
       ``(c) Notification.--A State educational agency shall 
     notify local educational agencies within the State of the 
     eligibility of such agencies to receive a subgrant under this 
     chapter.

     ``SEC. 3343. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       ``Eligible local educational agencies desiring assistance 
     under this chapter shall submit an application to the State 
     educational agency, containing such information as the State 
     educational agency may require. Each such application shall 
     include--
       ``(1) a description of the program to be assisted;
       ``(2) a description of formal agreements between--
       ``(A) the local educational agency; and
       ``(B) correctional facilities and alternative school 
     programs serving youth involved with the juvenile justice 
     system to operate programs for delinquent youth;
       ``(3) as appropriate, a description of how participating 
     schools will coordinate with facilities working with 
     delinquent youth to ensure that such youth are participating 
     in an education program comparable to one operating in the 
     local school such youth would attend;
       ``(4) as appropriate, a description of the dropout 
     prevention program operated by participating schools and the 
     types of services such schools will provide to at-risk youth 
     in participating schools and youth returning from 
     correctional facilities;
       ``(5) as appropriate, a description of the youth expected 
     to be served by the dropout prevention program and how the 
     school will coordinate existing educational programs to meet 
     unique education needs;
       ``(6) as appropriate, a description of how schools will 
     coordinate with existing social and health services to meet 
     the needs of students at risk of dropping out of school and 
     other participating students, including prenatal health care 
     and nutrition services related to the health of the parent 
     and child, parenting and child development classes, child 
     care, targeted re-entry and outreach programs, referrals to 
     community resources, and scheduling flexibility;
       ``(7) as appropriate, a description of any partnerships 
     with local businesses to develop training and mentoring 
     services for participating students;
       ``(8) as appropriate, a description of how the program will 
     involve parents in efforts to improve the educational 
     achievement of their children, assist in dropout prevention 
     activities, and prevent the involvement of their children in 
     delinquent activities;
       ``(9) a description of how the program under this chapter 
     will be coordinated with other Federal, State, and local 
     programs, such as programs under title I of the Workforce 
     Investment Act of 1998 and vocational education programs 
     serving at-risk youth;
       ``(10) a description of how the program will be coordinated 
     with programs operated under the Juvenile Justice and 
     Delinquency Prevention Act of 1974 and other comparable 
     programs, if applicable;
       ``(11) as appropriate, a description of how schools will 
     work with probation officers to assist in meeting the needs 
     of youth returning from correctional facilities;
       ``(12) a description of efforts participating schools will 
     make to ensure correctional facilities working with youth are 
     aware of a child's existing individualized education program; 
     and

[[Page 6137]]

       ``(13) as appropriate, a description of the steps 
     participating schools will take to find alternative 
     placements for youth interested in continuing their education 
     but unable to participate in a regular public school program.

     ``SEC. 3344. USES OF FUNDS.

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

     ``SEC. 3345. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES 
                   RECEIVING FUNDS UNDER THIS SECTION.

       ``Each correctional facility having an agreement with a 
     local educational agency under section 3343(2) to provide 
     services to youth under this chapter shall--
       ``(1) where feasible, ensure educational programs in 
     juvenile facilities are coordinated with the student's home 
     school, particularly with respect to special education 
     students with an individualized education program;
       ``(2) notify the local school of a youth if the youth is 
     identified as in need of special education services while in 
     the facility;
       ``(3) where feasible, provide transition assistance to help 
     the youth stay in school, including coordination of services 
     for the family, counseling, assistance in accessing drug and 
     alcohol abuse prevention programs, tutoring, and family 
     counseling;
       ``(4) provide support programs which encourage youth who 
     have dropped out of school to reenter school once their term 
     has been completed or provide such youth with the skills 
     necessary for such youth to gain employment or seek a 
     secondary school diploma or its recognized equivalent;
       ``(5) work to ensure such facilities are staffed with 
     teachers and other qualified staff who are trained to work 
     with children with disabilities and other students with 
     special needs taking into consideration the unique needs of 
     such children and students;
       ``(6) ensure educational programs in correctional 
     facilities are related to assisting students to meet high 
     educational standards;
       ``(7) use, to the extent possible, technology to assist in 
     coordinating educational programs between the juvenile 
     facility and the community school;
       ``(8) where feasible, involve parents in efforts to improve 
     the educational achievement of their children and prevent the 
     further involvement of such children in delinquent 
     activities;
       ``(9) coordinate funds received under this program with 
     other local, State, and Federal funds available to provide 
     services to participating youth, such as funds made available 
     under title I of the Workforce Investment Act of 1998, and 
     vocational education funds;
       ``(10) coordinate programs operated under this chapter with 
     activities funded under the Juvenile Justice and Delinquency 
     Prevention Act of 1974 and other comparable programs, if 
     applicable; and
       ``(11) if appropriate, work with local businesses to 
     develop training and mentoring programs for participating 
     youth.

     ``SEC. 3346. ACCOUNTABILITY.

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

                    ``Chapter 3--General Provisions

     ``SEC. 3351. PROGRAM EVALUATIONS.

       ``(a) Scope of Evaluation.--Each State agency or local 
     educational agency that conducts a program under chapter 1 or 
     2 shall evaluate the program, disaggregating data on 
     participation by sex, and if feasible, by race, ethnicity, 
     and age, not less than once every three years to determine 
     the program's impact on the ability of participants to--
       ``(1) maintain and improve educational achievement;
       ``(2) accrue school credits that meet State requirements 
     for grade promotion and secondary school graduation;
       ``(3) make the transition to a regular program or other 
     education program operated by a local educational agency; and
       ``(4) complete secondary school (or secondary school 
     equivalency requirements) and obtain employment after leaving 
     the institution.
       ``(b) Evaluation Measures.--In conducting each evaluation 
     under subsection (a), a State agency or local educational 
     agency shall use multiple and appropriate measures of student 
     progress.
       ``(c) Evaluation Results.--Each State agency and local 
     educational agency shall--
       ``(1) submit evaluation results to the State educational 
     agency; and
       ``(2) use the results of evaluations under this section to 
     plan and improve subsequent programs for participating 
     children and youth.

     ``SEC. 3352. DEFINITIONS.

       ``In this subpart:
       ``(1) Adult correctional institution.--The term `adult 
     correctional institution' means a facility in which persons 
     are confined as a result of a conviction for a criminal 
     offense, including persons under 21 years of age.
       ``(2) At-risk youth.--The term `at-risk youth' means school 
     aged youth who are at risk of academic failure, have drug or 
     alcohol problems, are pregnant or are parents, have come into 
     contact with the juvenile justice system in the past, are at 
     least one year behind the expected grade level for the age of 
     the youth, have limited-English proficiency, are gang 
     members, have dropped out of school in the past, or have high 
     absenteeism rates at school.
       ``(3) Community day program.--The term `community day 
     program' means a regular program of instruction provided by a 
     State agency at a community day school operated specifically 
     for neglected or delinquent children and youth.
       ``(4) Institution for neglected or delinquent children and 
     youth.--The term `institution for neglected or delinquent 
     children and youth' means--
       ``(A) a public or private residential facility, other than 
     a foster home, that is operated for the care of children who 
     have been committed to the institution or voluntarily placed 
     in the institution under applicable State law, due to 
     abandonment, neglect, or death of their parents or guardians; 
     or
       ``(B) a public or private residential facility for the care 
     of children who have been adjudicated to be delinquent or in 
     need of supervision.

     ``SEC. 3353. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $42,000,000 for 
     fiscal year 2001, and such sums as may be necessary for each 
     of the four succeeding fiscal years, to carry out this part.

                 ``PART C--GIFTED AND TALENTED CHILDREN

     ``SEC. 3401. SHORT TITLE.

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

     ``SEC. 3402. STATEMENT OF PURPOSE.

       ``(a) Purpose.--The purpose of this part is--
       ``(1) to provide grants to State educational agencies and 
     local public schools for the support of programs, classes, 
     and other services designed to meet the needs of the Nation's 
     gifted and talented students in elementary schools and 
     secondary schools;
       ``(2) to encourage the development of rich and challenging 
     curricula for all students through the appropriate 
     application and adaptation of materials and instructional 
     methods developed under this part; and
       ``(3) to supplement and make more effective the expenditure 
     of State and local funds for the education of gifted and 
     talented students.

     ``SEC. 3403. CONSTRUCTION.

       ``Nothing in this part shall be construed to prohibit a 
     recipient of funds under this part from serving gifted and 
     talented students simultaneously with students with similar 
     educational needs, in the same educational setting where 
     appropriate.

     ``SEC. 3404. AUTHORIZATION OF APPROPRIATIONS; TRIGGER.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part 
     $155,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(b) Trigger.--Notwithstanding any other provision of this 
     part, if the amount appropriated under subsection (a) for a 
     fiscal year is less than $50,000,000, then the Secretary 
     shall use such amount to carry out part B of title X (as such 
     part was in effect on the day before the date of enactment of 
     the Educational Opportunities Act).

     ``SEC. 3405. ALLOTMENT TO STATES.

       ``(a) Reservation.--From the funds appropriated under 
     section 3404(a) for any fiscal year, the Secretary shall 
     reserve not more than 1 percent for payments to the outlying 
     areas to be allotted to the outlying areas in accordance with 
     their respective needs for assistance under this part.
       ``(b) Allotment.--From the funds appropriated under section 
     3404(a) that are not reserved under subsection (a), the 
     Secretary shall allot to each State an amount that bears the 
     same relation to the funds as the school-age population of 
     the State bears to the school-age population of all States, 
     except that no State shall receive an allotment that is less 
     than 0.50 percent of the funds.
       ``(c) Grandfather Clause.--If the amount appropriated under 
     section 3404(a) for a fiscal year is $50,000,000 or more, 
     then the Secretary shall use such amount to continue to make 
     grant or contract payments to each entity that was awarded a 
     multiyear grant or contract under part B of title X (as such 
     part was in effect on the day before the date of enactment of 
     the Educational Opportunities Act) for the duration of the 
     grant or contract award.

     ``SEC. 3406. STATE APPLICATIONS.

       ``(a) Application Requirements.--Any State that desires to 
     receive assistance under this part

[[Page 6138]]

     shall submit to the Secretary an application that--
       ``(1) designates the State educational agency as the agency 
     responsible for the administration and supervision of 
     programs assisted under this part;
       ``(2) contains an assurance of the State educational 
     agency's ability to provide matching funds for the activities 
     to be assisted under this part in an amount equal to not less 
     than 20 percent of the grant funds to be received, provided 
     in cash or in-kind;
       ``(3) provides for a biennial submission of data regarding 
     the use of funds under this part, the types of services 
     furnished under this part, and how the services impacted the 
     individuals assisted under this part;
       ``(4) provides that the State educational agency will keep 
     such records and provide such information to the Secretary as 
     may be required for fiscal audit and program evaluation 
     (consistent with all State educational agency fiscal audit 
     and program evaluation responsibilities under this Act);
       ``(5) contains an assurance that there is compliance with 
     the requirements of this part; and
       ``(6) provides for timely public notice and public 
     dissemination of the data submitted pursuant to paragraph 
     (3).
       ``(b) Duration and Amendments.--An application filed by the 
     State under subsection (a) shall be for a period not to 
     exceed 3 years.

     ``SEC. 3407. STATE USES OF FUNDS.

       ``(a) In General.--A State educational agency shall not use 
     more than 10 percent of the funds made available under this 
     part for--
       ``(1) establishment and implementation of a peer review 
     process for grant applications under this part;
       ``(2) supervision of the awarding of funds to local 
     educational agencies or consortia thereof to support gifted 
     and talented students from all economic, ethnic, and racial 
     backgrounds, including such students of limited English 
     proficiency and such students with disabilities;
       ``(3) planning, supervision, and processing of funds made 
     available under this section;
       ``(4) monitoring, evaluation, and dissemination of programs 
     and activities assisted under this part, including the 
     submission of an annual report to the Secretary that 
     describes the number of students served and the education 
     activities assisted under the grant;
       ``(5) providing technical assistance under this part; and
       ``(6) supplementing, but not supplanting, the amount of 
     State and local funds expended for the education of, and 
     related services provided for, the education of gifted and 
     talented students.
       ``(b) Parental Support.--A State educational agency shall 
     not use more than 2 percent of the funds made available under 
     this part for providing information, education, and support 
     to parents of gifted and talented children to enhance the 
     parents' ability to participate in decisions regarding their 
     children's educational programs.

     ``SEC. 3408. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Grant Competition.--A State educational agency shall 
     use not less than 88 percent of the funds made available 
     under this part to award grants, on a competitive basis, to 
     local educational agencies or consortia thereof to support 
     programs, classes, and other services designed to meet the 
     needs of gifted and talented students.
       ``(b) Size of Grant.--A State educational agency shall 
     award a grant under this part for any fiscal year in an 
     amount sufficient to meet the needs of the students to be 
     served under the grant.

     ``SEC. 3409. LOCAL APPLICATION REQUIREMENTS.

       ``(a) Application.--To be eligible to receive a grant under 
     this part the local educational agency or consortium shall 
     submit an application to the State educational agency.
       ``(b) Contents.--Each such application shall include--
       ``(1) an assurance that the funds received under this part 
     will be used to identify and support gifted and talented 
     students, including gifted and talented students from all 
     economic, ethnic, and racial backgrounds, including such 
     students of limited English proficiency, and such students 
     with disabilities;
       ``(2) a description of how the local educational agency or 
     consortium will meet the educational needs of gifted and 
     talented students, including the training of personnel in the 
     education of gifted and talented students.

     ``SEC. 3410. LOCAL USES OF FUNDS.

       ``Grants awarded under this part shall be used by local 
     educational agencies or consortia to carry out 1 or more of 
     the following activities to benefit gifted and talented 
     students:
       ``(1) Professional development programs.--Developing and 
     implementing programs to address State and local needs for 
     inservice training activities for general educators, 
     specialists in gifted and talented education, administrators, 
     school counselors, or other school personnel.
       ``(2) Identification of students.--Delivery of services to 
     gifted and talented students who may not be identified and 
     served through traditional assessment methods, including 
     economically disadvantaged individuals, individuals of 
     limited English proficiency, and individuals with 
     disabilities.
       ``(3) Model projects.--Supporting and implementing 
     innovative strategies such as cooperative learning, service 
     learning, peer tutoring, independent study, and adapted 
     curriculum used by schools or consortia.
       ``(4) Emerging technologies.--Assisting schools or 
     consortia of schools, that do not have the resources to 
     otherwise provide gifted and talented courses, to provide the 
     courses through new and emerging technologies, including 
     distance learning curriculum packages, except that funds 
     under this part shall not be used for the purchase or 
     upgrading of technological hardware.

     ``SEC. 3411. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND 
                   TEACHERS.

       ``In awarding grants under this part the Secretary shall 
     ensure, where appropriate, that provision is made for the 
     equitable participation of students and teachers in private, 
     nonprofit elementary schools and secondary schools, including 
     the participation of teachers and other personnel in 
     professional development programs serving such children.

     ``SEC. 3412. ESTABLISHMENT OF NATIONAL CENTER.

       ``(a) Purpose.--The purposes of a National Center for 
     Research and Development in the Education of Gifted and 
     Talented Children and Youth are--
       ``(1) to develop, disseminate, and evaluate model projects 
     and activities for serving gifted and talented students;
       ``(2) to conduct research regarding innovative methods for 
     identifying and educating gifted and talented students; and
       ``(3) to provide technical assistance programs that will 
     further the education of gifted and talented students, 
     including how gifted and talented programs, where 
     appropriate, may be adapted for use by all students.
       ``(b) Center Established.--The Secretary shall establish a 
     National Center for Research and Development in the Education 
     of Gifted and Talented Children and Youth through grants to 
     or contracts with 1 or more institutions of higher education, 
     State educational agencies, or a consortia of such 
     institutions and agencies.
       ``(c) Director.--The National Center shall have a Director. 
     The Secretary may authorize the Director to carry out such 
     functions of the National Center as may be agreed upon 
     through arrangements with other institutions of higher 
     education, and State educational agencies or local 
     educational agencies.
       ``(d) Grandfather Clause.--If the amount appropriated under 
     section 3404(a) for a fiscal year is $50,000,000 or more, 
     then the Secretary shall use such amount to continue to make 
     grant or contract payments to each entity that was awarded a 
     multiyear grant or contract under section 10204(c) (as such 
     section was in effect on the day before the date of enactment 
     of the Educational Opportunities Act) for the duration of the 
     grant or contract award.
       ``(e) Funding.--The Secretary may use not more than 30 
     percent of the funds made available under section 3404(a) for 
     any fiscal year to carry out this section.

                      ``PART D--ARTS IN EDUCATION

                      ``Subpart 1--Arts Education

     ``SEC. 3511. SUPPORT FOR ARTS EDUCATION.

       ``(a) Purposes.--The purposes of this subpart are to--
       ``(1) support systemic education reform by strengthening 
     arts education as an integral part of the elementary school 
     and secondary school curriculum;
       ``(2) help ensure that all students have the opportunity to 
     learn to challenging State content standards and challenging 
     State student performance standards in the arts;
       ``(3) support the national effort to enable all students to 
     demonstrate competence in the arts in accordance with the 
     America's Education Goals;
       ``(4) support model partnership programs between schools 
     and nonprofit cultural organizations designed to contribute 
     to overall achievement for students and complement 
     curriculum-based arts instruction in the classroom; and
       ``(5) support projects and programs in the performing arts 
     through arrangements with the John F. Kennedy Center for the 
     Performing Arts, and support model projects and programs that 
     assure the participation in the arts and education programs 
     for individuals with disabilities through VSA Arts.
       ``(b) Eligible Recipients.--In order to carry out the 
     purposes of this subpart, the Secretary is authorized to 
     award grants to, or enter into contracts or cooperative 
     agreements with--
       ``(1) State educational agencies;
       ``(2) local educational agencies;
       ``(3) institutions of higher education;
       ``(4) museums and other cultural institutions; and
       ``(5) other public and private agencies, institutions, and 
     organizations.
       ``(c) Authorized Activities.--Funds under this subpart may 
     be used for--
       ``(1) the development and dissemination of model arts 
     education programs or model arts education assessments based 
     on high standards;
       ``(2) the development and implementation of curriculum 
     frameworks for arts education;
       ``(3) the development of model preservice and inservice 
     professional development programs for arts educators and 
     other instructional staff;
       ``(4) supporting collaborative activities with other 
     Federal agencies or institutions involved in arts education, 
     such as the National Endowment for the Arts, the Institute of 
     Museum and Library Services, the John F. Kennedy Center for 
     the Performing Arts, VSA Arts, and the National Gallery of 
     Art;
       ``(5) supporting model projects and programs in the 
     performing arts for children and youth through arrangements 
     made with the John F. Kennedy Center for the Performing Arts;
       ``(6) supporting model projects and programs by VSA Arts 
     that assure the participation in mainstream settings in arts 
     and education programs of individuals with disabilities; and

[[Page 6139]]

       ``(7) supporting collaborative projects between schools, 
     and nonprofit cultural organizations with expertise in music, 
     dance, literature, theater and the visual arts, for model 
     school arts programs.
       ``(d) Coordination.--
       ``(1) In general.--A recipient of funds under this subpart, 
     to the extent possible, shall coordinate projects assisted 
     under this subpart with appropriate activities of public and 
     private cultural agencies, institutions, and organizations, 
     including museums, arts education associations, libraries, 
     and theaters.
       ``(2) Special rule.--In carrying out this subpart, the 
     Secretary shall coordinate with the National Endowment for 
     the Arts, the Institute of Museum and Library Services, the 
     John F. Kennedy Center for the Performing Arts, VSA Arts, and 
     the National Gallery of Art.
       ``(e) Authorization.--
       ``(1) In general.--For the purpose of carrying out this 
     subpart, there are authorized to be appropriated $25,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.
       ``(2) Special rule.--If the amount appropriated under 
     paragraph (1) for any fiscal year is $10,000,000 or less, 
     then such amount shall only be available to carry out the 
     activities described in paragraphs (5) and (6) of subsection 
     (c).

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

     ``SEC. 3521. PURPOSE.

       ``The purpose of this subpart is to award grants to 
     eligible entities to improve the educational performance and 
     potential of at-risk youth by providing comprehensive and 
     coordinated educational and cultural services.

     ``SEC. 3522. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to eligible entities to pay the Federal share of the 
     costs of the activities described in section 3523.
       ``(b) Special Requirements.--
       ``(1) In general.--The Secretary shall award grants under 
     this subpart only to eligible entities carrying out programs 
     designed to--
       ``(A) promote and enhance educational and cultural 
     activities;
       ``(B) provide multiyear services to at-risk youth and to 
     integrate community cultural resources into in-school and 
     after-school educational programs;
       ``(C) provide integration of community cultural resources 
     into the regular curriculum and school day;
       ``(D) focus school and cultural resources in the community 
     on coordinated cultural services to address the needs of at-
     risk youth;
       ``(E) provide effective cultural programs to facilitate the 
     transition from preschool programs to elementary school 
     programs, including programs under the Head Start Act and 
     part C of the Individuals with Disabilities Education Act;
       ``(F) facilitate school-to-work transition from secondary 
     schools and alternative schools to job training, higher 
     education and employment through educational programs and 
     activities that utilize school resources;
       ``(G) increase parental and community involvement in the 
     educational, social, and cultural development of at-risk 
     youth; or
       ``(H)(i) develop programs and strategies that provide high-
     quality coordinated educational and cultural services; and
       ``(ii) provide a model to replicate such services in other 
     schools and communities.
       ``(2) Partnership.--An interagency partnership comprised of 
     the Secretary, the Chairman of the National Endowment for the 
     Humanities, the Chairman of the National Endowment for the 
     Arts, and the Director of the Institute of Museum and Library 
     Services, or their designees, shall establish criteria and 
     procedures for awarding grants, including the establishment 
     of panels to review the applications, and shall administer 
     the grants program authorized by this section. The Secretary 
     shall publish such criteria and procedures in the Federal 
     Register.
       ``(3) Coordination.--Grants may only be awarded under this 
     subpart to eligible entities that agree to coordinate 
     activities carried out under other Federal, State, and local 
     grants, received by the members of the partnership for 
     purposes and target populations described in this subpart, 
     into an integrated service delivery system located at a 
     school, cultural, or other community-based site accessible to 
     and utilized by at-risk youth.
       ``(4) Eligible entities.--For purposes of this subpart, the 
     term `eligible entity' means a partnership between or among--
       ``(A)(i) one or more local educational agencies; or
       ``(ii) one or more individual schools that are eligible to 
     participate in a schoolwide program under section 1114; and
       ``(B) at least 1 institution of higher education, museum, 
     local arts agency, or nonprofit cultural organization or 
     institution with expertise in music, dance, theater, creative 
     writing, or visual arts, that is accessible to individuals 
     within the school district of such local educational agency 
     or school, and that has a history of providing quality 
     services to the community, which may include--
       ``(i) nonprofit institutions of higher education, museums, 
     libraries, performing, presenting and exhibiting arts 
     organizations, literary arts organizations, State and local 
     arts organizations, cultural institutions, and zoological and 
     botanical organizations; or
       ``(ii) private for-profit entities with a history of 
     training youth in the arts.
       ``(5) Geographic distribution.--In awarding grants under 
     this subpart the Secretary, to the extent feasible, shall 
     ensure an equitable geographic distribution of the grants.
       ``(6) Duration.--Grants made under this subpart may be 
     renewable for a maximum of 5 years if the Secretary 
     determines that the eligible recipient has made satisfactory 
     progress toward the achievement of the program objectives 
     described in the application.
       ``(7) Models.--The Secretary, in consultation with the 
     Chairman of the National Endowment for the Humanities, the 
     Chairman of the National Endowment for the Arts, and the 
     Director of the Institute of Museum and Library Services, or 
     their designees, shall submit successful models developed 
     under this subpart to the National Diffusion Network for 
     review.
       ``(c) Target Population.--To be eligible for a grant under 
     this subpart an eligible entity shall support activities 
     under this part that serve--
       ``(1) students enrolled in schools participating in a 
     schoolwide program under section 1114 and the families of 
     such students to the extent practicable;
       ``(2) out-of-school at-risk youth; or
       ``(3) a combination of in-school and out-of-school at-risk 
     youth.

     ``SEC. 3523. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Grants awarded under this subpart may be 
     used--
       ``(1) to develop, acquire, implement, and expand school-
     based coordinated educational and cultural programs to 
     strengthen the educational performance and potential of in-
     school or out-of-school at-risk youth through grants, 
     cooperative agreements or contracts, or through the provision 
     of services;
       ``(2) to provide at-risk youth with integrated cultural 
     activities designed to improve academic achievement and the 
     transition of such students to all levels of education from 
     prekindergarten to secondary school and beyond;
       ``(3) to work with school personnel on staff development 
     activities that--
       (A) encourage the integration of arts into the curriculum; 
     and
       (B) to the greatest extent practicable, are tied to 
     challenging State content standards and challenging State 
     student performance standards;
       ``(4) for cultural programs that encourage the active 
     participation of parents in the education of their children; 
     and
       ``(5) for assistance that allows local artists to work with 
     at-risk youth in schools.
       ``(b) Applications.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this subpart shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       ``(A) describe the cultural entity or entities that will 
     participate in the partnership;
       ``(B) describe the target population to be served;
       ``(C) describe the services to be provided;
       ``(D) describe a plan for evaluating the success of the 
     program;
       ``(E) in the case of each local educational agency or 
     school participating in the partnership, describe how the 
     activities assisted under this subpart will be perpetuated 
     beyond the duration of the grant;
       ``(F) describe the manner in which the eligible entity will 
     improve the educational achievement or potential of at-risk 
     youth through more effective coordination of cultural 
     services in the community;
       ``(G) describe the overall and operational goals of the 
     program;
       ``(H) describe the nature and location of all planned sites 
     where services will be delivered and a description of 
     services which will be provided at each site; and
       ``(I) describe training that will be provided to 
     individuals who are not trained to work with youth, and how 
     teachers will be involved.

     ``SEC. 3524. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; 
                   LIMITATIONS.

       ``(a) Payments.--
       ``(1) In general.--The Secretary shall pay to each eligible 
     recipient having an application approved under section 
     3523(b) the Federal share of the cost of the activities 
     described in the application.
       ``(2) Special rule.--
       ``(A) In general.--Grants awarded under this subpart shall 
     be of sufficient size, scope, and quality to be effective.
       ``(B) Nonduplication.--The Secretary shall award grants 
     under this subpart so as to ensure nonduplication of services 
     provided by grant recipients and services provided by--
       ``(i) the National Endowment for the Humanities;
       ``(ii) the National Endowment for the Arts; and
       ``(iii) the Institute of Museum and Library Services.
       ``(b) Cost Share.--
       ``(1) Federal share.--The Federal share of the cost of 
     activities assisted under a grant under this subpart shall be 
     80 percent of the cost of carrying out the activities.
       ``(2) Non-federal share.--The non-Federal share of the cost 
     of activities assisted under a grant under this subpart shall 
     be 20 percent of the cost of carrying out the activities, and 
     may be provided in cash or in kind, fairly evaluated, 
     including the provision of equipment, services, or 
     facilities.
       ``(c) Limitations.--
       ``(1) Supplement and not supplant.--Grant funds awarded 
     under this part shall be used to

[[Page 6140]]

     supplement not supplant the amount of funds made available 
     from non-Federal sources, for the activities assisted under 
     this subpart, in amounts that exceed the amounts expended for 
     such activities in the year preceding the year for which the 
     grant is awarded.
       ``(2) Evaluation; replication; administrative costs.--
       ``(A) Secretary.--The Secretary may reserve not more than 5 
     percent of the grant funds received under this subpart in 
     each fiscal year for the costs of evaluation and replication 
     of programs funded under this subpart.
       ``(B) Eligible recipients.--Each eligible recipient may 
     reserve not more than 5 percent of any grant funds received 
     under this subpart in each fiscal year for the costs of 
     administration, including review and evaluation of each 
     program assisted under this subpart.

     ``SEC. 3525. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart, $45,000,000 for fiscal year 2001, and such sums as 
     may be necessary for each of the 4 succeeding fiscal years.

                 ``PART E--ADVANCED PLACEMENT PROGRAMS

     ``SEC. 3601. SHORT TITLE.

       ``This part may be cited as the `Access to High Standards 
     Act'.

     ``SEC. 3602. FINDINGS AND PURPOSES.

       ``(a) Findings.--Congress finds that--
       ``(1) far too many students are not being provided 
     sufficient academic preparation in secondary school, which 
     results in limited employment opportunities, college dropout 
     rates of over 25 percent for the first year of college, and 
     remediation for almost one-third of incoming college 
     freshmen;
       ``(2) there is a growing consensus that raising academic 
     standards, establishing high academic expectations, and 
     showing concrete results are at the core of improving public 
     education;
       ``(3) modeling academic standards on the well-known program 
     of advanced placement courses is an approach that many 
     education leaders and almost half of all States have 
     endorsed;
       ``(4) advanced placement programs already are providing 30 
     different college-level courses, serving almost 60 percent of 
     all secondary schools, reaching over 1,000,000 students (of 
     whom 80 percent attend public schools, 55 percent are 
     females, and 30 percent are minorities), and providing test 
     scores that are accepted for college credit at over 3,000 
     colleges and universities, every university in Germany, 
     France, and Austria, and most institutions in Canada and the 
     United Kingdom;
       ``(5) 24 States are now funding programs to increase 
     participation in advanced placement programs, including 19 
     States that provide funds for advanced placement teacher 
     professional development, 3 States that require that all 
     public secondary schools offer advanced placement courses, 10 
     States that pay the fees for advanced placement tests for 
     some or all students, and 4 States that require that their 
     public universities grant uniform academic credit for scores 
     of 3 or better on advanced placement tests; and
       ``(6) the State programs described in paragraph (5) have 
     shown the responsiveness of schools and students to such 
     programs, raised the academic standards for both students 
     participating in such programs and other children taught by 
     teachers who are involved in advanced placement courses, and 
     shown tremendous success in increasing enrollment, 
     achievement, and minority participation in advanced placement 
     programs.
       ``(b) Purposes.--The purposes of this part are--
       ``(1) to encourage more of the 600,000 students who take 
     advanced placement courses but do not take advanced placement 
     exams each year to demonstrate their achievements through 
     taking the exams;
       ``(2) to build on the many benefits of advanced placement 
     programs for students, which benefits may include the 
     acquisition of skills that are important to many employers, 
     Scholastic Aptitude Tests (SAT) scores that are 100 points 
     above the national averages, and the achievement of better 
     grades in secondary school and in college than the grades of 
     students who have not participated in the programs;
       ``(3) to support State and local efforts to raise academic 
     standards through advanced placement programs, and thus 
     further increase the number of students who participate and 
     succeed in advanced placement programs;
       ``(4) to increase the availability and broaden the range of 
     schools that have advanced placement programs, which programs 
     are still often distributed unevenly among regions, States, 
     and even secondary schools within the same school district, 
     while also increasing and diversifying student participation 
     in the programs;
       ``(5) to build on the State programs described in 
     subsection (a)(5) and demonstrate that larger and more 
     diverse groups of students can participate and succeed in 
     advanced placement programs;
       ``(6) to provide greater access to advanced placement 
     courses for low-income and other disadvantaged students;
       ``(7) to provide access to advanced placement courses for 
     secondary school juniors at schools that do not offer 
     advanced placement programs, increase the rate of secondary 
     school juniors and seniors who participate in advanced 
     placement courses to 25 percent of the secondary school 
     student population, and increase the numbers of students who 
     receive advanced placement test scores for which college 
     academic credit is awarded; and
       ``(8) to increase the participation of low-income 
     individuals in taking advanced placement tests through the 
     payment or partial payment of the costs of the advanced 
     placement test fees.

     ``SEC. 3603. FUNDING DISTRIBUTION RULE.

       ``From amounts appropriated under section 3608 for a fiscal 
     year, the Secretary shall give first priority to funding 
     activities under section 3606, and shall distribute any 
     remaining funds not so applied according to the following 
     ratio:
       ``(1) Seventy percent of the remaining funds shall be 
     available to carry out section 3604.
       ``(2) Thirty percent of the remaining funds shall be 
     available to carry out section 3605.

     ``SEC. 3604. ADVANCED PLACEMENT PROGRAM GRANTS.

       ``(a) Grants Authorized.--
       ``(1) In general.--From amounts appropriated under section 
     3608 and made available under section 3603(1) for a fiscal 
     year, the Secretary shall award grants, on a competitive 
     basis, to eligible entities to enable the eligible entities 
     to carry out the authorized activities described in 
     subsection (c).
       ``(2) Duration and payments.--
       ``(A) Duration.--The Secretary shall award a grant under 
     this section for a period of 3 years.
       ``(B) Payments.--The Secretary shall make grant payments 
     under this section on an annual basis.
       ``(3) Definition of eligible entity.--In this section, the 
     term `eligible entity' means a State educational agency, or a 
     local educational agency, in the State.
       ``(b) Priority.--In awarding grants under this section the 
     Secretary shall give priority to eligible entities submitting 
     applications under subsection (d) that demonstrate--
       ``(1) a pervasive need for access to advanced placement 
     incentive programs;
       ``(2) the involvement of business and community 
     organizations in the activities to be assisted;
       ``(3) the availability of matching funds from State or 
     local sources to pay for the cost of activities to be 
     assisted;
       ``(4) a focus on developing or expanding advanced placement 
     programs and participation in the core academic areas of 
     English, mathematics, and science; and
       ``(5)(A) in the case of an eligible entity that is a State 
     educational agency, the State educational agency carries out 
     programs in the State that target--
       ``(i) local educational agencies serving schools with a 
     high concentration of low-income students; or
       ``(ii) schools with a high concentration of low-income 
     students; or
       ``(B) in the case of an eligible entity that is a local 
     educational agency, the local educational agency serves 
     schools with a high concentration of low-income students.
       ``(c) Authorized Activities.--An eligible entity may use 
     grant funds under this section to expand access for low-
     income individuals to advanced placement incentive programs 
     that involve--
       ``(1) teacher training;
       ``(2) preadvanced placement course development;
       ``(3) curriculum coordination and articulation between 
     grade levels that prepare students for advanced placement 
     courses;
       ``(4) curriculum development;
       ``(5) books and supplies; and
       ``(6) any other activity directly related to expanding 
     access to and participation in advanced placement incentive 
     programs particularly for low-income individuals.
       ``(d) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       ``(e) Data Collection and Reporting.--
       ``(1) Data collection.--Each eligible entity receiving a 
     grant under this section shall annually report to the 
     Secretary--
       ``(A) the number of students taking advanced placement 
     courses who are served by the eligible entity;
       ``(B) the number of advanced placement tests taken by 
     students served by the eligible entity;
       ``(C) the scores on the advanced placement tests; and
       ``(D) demographic information regarding individuals taking 
     the advanced placement courses and tests disaggregated by 
     race, ethnicity, sex, English proficiency status, and 
     socioeconomic status.
       ``(2) Report.--The Secretary shall annually compile the 
     information received from each eligible entity under 
     paragraph (1) and report to Congress regarding the 
     information.

     ``SEC. 3605. ON-LINE ADVANCED PLACEMENT COURSES.

       ``(a) Grants Authorized.--From amounts appropriated under 
     section 3608 and made available under section 3603(2) for a 
     fiscal year, the Secretary shall award grants to State 
     educational agencies to enable such agencies to award grants 
     to local educational agencies to provide students with on-
     line advanced placement courses.
       ``(b) State Educational Agency Applications.--
       ``(1) Application required.--Each State educational agency 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(2) Award basis.--The Secretary shall award grants under 
     this section on a competitive basis.
       ``(c) Grants to Local Educational Agencies.--Each State 
     educational agency receiving

[[Page 6141]]

     a grant award under subsection (b) shall award grants to 
     local educational agencies within the State to carry out 
     activities described in subsection (e). In awarding grants 
     under this subsection, the State educational agency shall 
     give priority to local educational agencies that--
       ``(1) serve high concentrations of low-income students;
       ``(2) serve rural areas; and
       ``(3) the State educational agency determines would not 
     have access to on-line advanced placement courses without 
     assistance provided under this section.
       ``(d) Contracts.--A local educational agency that receives 
     a grant under this section may enter into a contract with a 
     nonprofit or for-profit organization to provide the on-line 
     advanced placement courses, including contracting for 
     necessary support services.
       ``(e) Uses.--Grant funds provided under this section may be 
     used to purchase the on-line curriculum, to train teachers 
     with respect to the use of on-line curriculum, or to purchase 
     course materials.

     ``SEC. 3606. ADVANCED PLACEMENT INCENTIVE PROGRAM.

       ``(a) Grants Authorized.--From amounts appropriated under 
     section 3608 and made available under section 3603 for a 
     fiscal year, the Secretary shall award grants to State 
     educational agencies having applications approved under 
     subsection (c) to enable the State educational agencies to 
     reimburse low-income individuals to cover part or all of the 
     costs of advanced placement test fees, if the low-income 
     individuals--
       ``(1) are enrolled in an advanced placement class; and
       ``(2) plan to take an advanced placement test.
       ``(b) Award Basis.--In determining the amount of the grant 
     awarded to each State educational agency under this section 
     for a fiscal year, the Secretary shall consider the number of 
     children eligible to be counted under section 1124(c) in the 
     State in relation to the number of such children so counted 
     in all the States.
       ``(c) Information Dissemination.--A State educational 
     agency shall disseminate information regarding the 
     availability of advanced placement test fee payments under 
     this section to eligible individuals through secondary school 
     teachers and guidance counselors.
       ``(d) Applications.--Each State educational agency desiring 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. At a minimum, 
     each State educational agency application shall--
       ``(1) describe the advanced placement test fees the State 
     educational agency will pay on behalf of low-income 
     individuals in the State from grant funds made available 
     under this section;
       ``(2) provide an assurance that any grant funds received 
     under this section, other than funds used in accordance with 
     subsection (e), shall be used only to pay for advanced 
     placement test fees; and
       ``(3) contain such information as the Secretary may require 
     to demonstrate that the State will ensure that a student is 
     eligible for payments under this section, including 
     documentation required under chapter 1 of subpart 2 of part A 
     of title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-11 et seq.).
       ``(e) Additional Uses of Funds.--If each eligible low-
     income individual in a State pays not more than a nominal fee 
     to take an advanced placement test in a core subject, then a 
     State educational agency may use grant funds made available 
     under this section that remain after advanced placement test 
     fees have been paid on behalf of all eligible low-income 
     individuals in the State, for activities directly related to 
     increasing--
       ``(1) the enrollment of low-income individuals in advanced 
     placement courses;
       ``(2) the participation of low-income individuals in 
     advanced placement courses; and
       ``(3) the availability of advanced placement courses in 
     schools serving high-poverty areas.
       ``(f) Supplement, Not Supplant.--Grant funds provided under 
     this section shall supplement, and not supplant, other non-
     federal funds that are available to assist low-income 
     individuals in paying for the cost of advanced placement test 
     fees.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section.
       ``(h) Report.--Each State educational agency annually shall 
     report to the Secretary information regarding--
       ``(1) the number of low-income individuals in the State who 
     received assistance under this section; and
       ``(2) any activities carried out pursuant to subsection 
     (e).
       ``(i) Definitions.--In this section:
       ``(1) Advanced placement test.--The term `advanced 
     placement test' includes only an advanced placement test 
     approved by the Secretary for the purposes of this section.
       ``(2) Low-income individual.--The term `low-income 
     individual' has the meaning given the term in section 
     402A(g)(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-11(g)(2)).

     ``SEC. 3607. DEFINITIONS.

       ``In this part:
       ``(1) Advanced placement incentive program.--The term 
     `advanced placement incentive program' means a program that 
     provides advanced placement activities and services to low-
     income individuals.
       ``(2) Advanced placement test.--The term `advanced 
     placement test' means an advanced placement test administered 
     by the College Board or approved by the Secretary.
       ``(3) High concentration of low-income students.--The term 
     `high concentration of low-income students', used with 
     respect to a State educational agency, local educational 
     agency or school, means an agency or school, as the case may 
     be, that serves a student population 40 percent or more of 
     whom are from families with incomes below the poverty level, 
     as determined in the same manner as the determination is made 
     under section 1124(c)(2).
       ``(4) Low-income individual.--The term `low-income 
     individual' means, other than for purposes of section 3606, a 
     low-income individual (as defined in section 402A(g)(2) of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a-11(g)(2)) 
     who is academically prepared to take successfully an advanced 
     placement test as determined by a school teacher or advanced 
     placement coordinator taking into consideration factors such 
     as enrollment and performance in an advanced placement course 
     or superior academic ability.
       ``(5) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       ``(6) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, the Republic of the Marshall Islands, 
     the Federated States of Micronesia, and the Republic of 
     Palau.

     ``SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $50,000,000 for fiscal year 
     2001, and such sums as may be necessary for each of the 4 
     succeeding fiscal years.''.

     SEC. 302. DISSEMINATION OF ADVANCED PLACEMENT INFORMATION.

       Each institution of higher education receiving Federal 
     funds for research or for programs assisted under the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.)--
       (1) shall distribute to secondary school counselors or 
     advanced placement coordinators in the State information with 
     respect to the amount and type of academic credit provided to 
     students at the institution of higher education for advanced 
     placement test scores; and
       (2) shall standardize, not later than 4 years after the 
     date of enactment of this Act, the form and manner in which 
     the information described in subparagraph (1) is disseminated 
     by the various departments, offices, or other divisions of 
     the institution of higher education.

     SEC. 303. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 4 of the Education Flexibility Partnership Act of 
     1999 (20 U.S.C. 5891b) is amended--
       (1) in subsection (b)(3), by striking ``Subpart 2 of part A 
     of title III of the Elementary and Secondary Education Act of 
     1965 (other than section 3136 of such Act)'' and inserting 
     ``Subpart 2 of part A of title V of the Elementary and 
     Secondary Education Act of 1965 (other than section 5136 of 
     such Act)''; and
       (2) in subsection (d)(4), by striking ``subpart 2 of part A 
     of title III of the Elementary and Secondary Education Act of 
     1965 (other than section 3136 of such Act)'' and inserting 
     ``subpart 2 of part A of title V of the Elementary and 
     Secondary Education Act of 1965 (other than section 5136 of 
     such Act)''.

          TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

     SEC. 401. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION 
                   ACT OF 1965.

       Title IV (20 U.S.C. 7101 et seq.) is amended to read as 
     follows:

         ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

                         ``PART A--STATE GRANTS

     ``SEC. 4001. SHORT TITLE.

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

     ``SEC. 4002. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Every student should attend a school in a drug- and 
     violence-free learning environment.
       ``(2) The widespread illegal use of alcohol and drugs among 
     the Nation's secondary school students, and increasingly by 
     students in elementary schools as well, constitutes a grave 
     threat to such students' physical and mental well-being, and 
     significantly impedes the learning process. For example, data 
     show that students who drink tend to receive lower grades and 
     are more likely to miss school because of illness than 
     students who do not drink.
       ``(3) Drug and violence prevention programs are essential 
     components of a comprehensive strategy to promote school 
     safety, youth development, positive school outcomes, and to 
     reduce the demand for and illegal use of alcohol, tobacco and 
     drugs throughout the Nation. Schools, local organizations, 
     parents, students, and communities throughout the Nation have 
     a special responsibility to work together to combat the 
     continuing epidemic of violence and illegal drug use and 
     should measure the success of their programs against clearly 
     defined goals and objectives.
       ``(4) Drug and violence prevention programs are most 
     effective when implemented within a research-based, drug and 
     violence prevention framework of proven effectiveness.
       ``(5) Research clearly shows that community contexts 
     contribute to substance abuse and violence.

[[Page 6142]]

       ``(6) Substance abuse and violence are intricately related 
     and must be dealt with in a holistic manner.
       ``(7) Research has documented that parental behavior and 
     environment directly influence a child's inclination to use 
     alcohol, tobacco or drugs.

     ``SEC. 4003. PURPOSE.

       ``The purpose of this part is to support programs that 
     prevent violence in and around schools and prevent the 
     illegal use of alcohol, tobacco, and drugs, involve parents, 
     and are coordinated with related Federal, State, school, and 
     community efforts and resources, through the provision of 
     Federal assistance to--
       ``(1) States for grants to local educational agencies and 
     educational service agencies and consortia of such agencies 
     to establish, operate, and improve local programs of school 
     drug and violence prevention, early intervention, 
     rehabilitation referral, and education in elementary and 
     secondary schools for the development and implementation of 
     policies that set clear and appropriate standards regarding 
     the illegal use of alcohol, tobacco and drugs, and for 
     violent behavior (including intermediate and junior high 
     schools);
       ``(2) States for grants to, and contracts with, community-
     based organizations and other public and private nonprofit 
     agencies and organizations for programs of drug and violence 
     prevention including community mobilization, early 
     intervention, rehabilitation referral, and education;
       ``(3) States for development, training, technical 
     assistance, and coordination activities; and
       ``(4) public and private nonprofit organizations to provide 
     technical assistance, conduct training, demonstrations, and 
     evaluation, and to provide supplementary services and 
     community mobilization activities for the prevention of drug 
     use and violence among students and youth.

     ``SEC. 4004. FUNDING.

       ``There are authorized to be appropriated--
       ``(1) $700,000,000 for fiscal year 2001, and such sums as 
     may be necessary for each of the 4 succeeding fiscal years, 
     for State grants under subpart 1;
       ``(2) $150,000,000 for fiscal year 2001, and such sums as 
     may be necessary for each of the 4 succeeding fiscal years, 
     for national programs under subpart 2; and
       ``(3) $75,000,000 for fiscal year 2001, and such sums as 
     may be necessary for each of the 4 succeeding fiscal years, 
     for the National Coordinator Initiative under section 4122.

  ``Subpart 1--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

     ``SEC. 4111. RESERVATIONS AND ALLOTMENTS.

       ``(a) Reservations.--From the amount made available under 
     section 4004(1) to carry out this subpart for each fiscal 
     year, the Secretary--
       ``(1) shall reserve 1 percent of such amount for grants 
     under this subpart to Guam, American Samoa, the Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, to be allotted in accordance with the Secretary's 
     determination of their respective needs;
       ``(2) shall reserve 1 percent of such amount for the 
     Secretary of the Interior to carry out programs under this 
     part for Indian youth;
       ``(3) may reserve not more than $2,000,000 for the national 
     impact evaluation required by section 4117(a); and
       ``(4) shall reserve 0.2 percent of such amount for programs 
     for Native Hawaiians under section 4118.
       ``(b) State Allotments.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall, for each fiscal year, allocate among the 
     States--
       ``(A) one-half of the remainder not reserved under 
     subsection (a) according to the ratio between the school-aged 
     population of each State and the school-aged population of 
     all the States; and
       ``(B) one-half of such remainder according to the ratio 
     between the amount each State received under section 1124A 
     for the preceding year and the sum of such amounts received 
     by all the States.
       ``(2) Minimum.--For any fiscal year, no State shall be 
     allotted under this subsection an amount that is less than 
     one-half of 1 percent of the total amount allotted to all the 
     States under this subsection.
       ``(3) Reallotment.--The Secretary may reallot any amount of 
     any allotment to a State if the Secretary determines that the 
     State will be unable to use such amount within 2 years of 
     such allotment. Such reallotments shall be made on the same 
     basis as allotments are made under paragraph (1).
       ``(4) Definitions.--In this subsection:
       ``(A) State.--The term `State' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       ``(B) Local educational agency.--The term `local 
     educational agency' includes educational service agencies and 
     consortia of such agencies.
       ``(c) Limitation.--Amounts appropriated under section 
     4004(2) for a fiscal year may not be increased above the 
     amounts appropriated under such section for the previous 
     fiscal year unless the amounts appropriated under section 
     4004(1) for the fiscal year involved are at least 10 percent 
     greater that the amounts appropriated under such section 
     4004(1) for the previous fiscal year.

     ``SEC. 4112. STATE APPLICATIONS.

       ``(a) In General.--In order to receive an allotment under 
     section 4111 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       ``(1) contains a comprehensive plan for the use of funds by 
     the State educational agency and the chief executive officer 
     to provide safe, orderly, and drug-free schools and 
     communities;
       ``(2) contains the results of the State's needs assessment 
     for drug and violence prevention programs, which shall be 
     based on the results of on-going State evaluation activities, 
     including data on the incidence and prevalence, age of onset, 
     perception of health risk, and perception of social 
     disapproval of drug use and violence by youth in schools and 
     communities and the prevalence of risk or protective factors, 
     buffers or assets or other research-based variables in the 
     school and community;
       ``(3) contains assurances that the sections of the 
     application concerning the funds provided to the chief 
     executive officer and the State educational agency were 
     developed together, with each such officer or State 
     representative, in consultation and coordination with 
     appropriate State officials and others, including the chief 
     State school officer, the chief executive officer, the head 
     of the State alcohol and drug abuse agency, the heads of the 
     State health and mental health agencies, the head of the 
     State criminal justice planning agency, the head of the State 
     child welfare agency, the head of the State board of 
     education, or their designees, and representatives of 
     parents, students, and community-based organizations;
       ``(4) contains an assurance that the State will cooperate 
     with, and assist, the Secretary in conducting a national 
     impact evaluation of programs required by section 4117(a);
       ``(5) contains assurances that the State education agency 
     and the Governor will develop their respective applications 
     in consultation with an advisory council that includes, to 
     the extent practicable, representatives from school 
     districts, businesses, parents, youth, teachers, 
     administrators, pupil services personnel, private schools, 
     appropriate State agencies, community-based organization, the 
     medical profession, law enforcement, the faith-based 
     community and other groups with interest and expertise in 
     alcohol, tobacco, drug, and violence prevention;
       ``(6) contains assurances that the State education agency 
     and the Governor involve the representatives described in 
     paragraph (5), on an ongoing basis, to review program 
     evaluations and other relevant material and make 
     recommendations to the State education agency and the 
     Governor on how to improve their respective alcohol, tobacco, 
     drug, and violence prevention programs;
       ``(7) contains a list of the State's results-based 
     performance measures for drug and violence prevention, that 
     shall--
       ``(A) be focused on student behavior and attitudes and be 
     derived from the needs assessment;
       ``(B) include targets and due dates for the attainment of 
     such performance measures; and
       ``(C) include a description of the procedures that the 
     State will use to inform local educational agencies of such 
     performance measures for assessing and publicly reporting 
     progress toward meeting such measures or revising them as 
     needed; and
       ``(8) includes any other information the Secretary may 
     require.
       ``(b) State Educational Agency Funds.--A State's 
     application under this section shall also contain a 
     comprehensive plan for the use of funds under section 4113(a) 
     by the State educational agency that includes--
       ``(1) a plan for monitoring the implementation of, and 
     providing technical assistance regarding, the drug and 
     violence prevention programs conducted by local educational 
     agencies in accordance with section 4116
       ``(2) a description of how the State educational agency 
     will use funds under section 4113(b), including how the 
     agency will receive input from parents regarding the use of 
     such funds;
       ``(3) a description of how the State educational agency 
     will coordinate such agency's activities under this subpart 
     with the chief executive officer's drug and violence 
     prevention programs under this subpart and with the 
     prevention efforts of other State agencies; and
       ``(4) a description of the procedures the State educational 
     agency will use to review applications from and allocate 
     funding to local educational agencies under section 4115 and 
     how such review will receive input from parents.
       ``(c) Governor's Funds.--A State's application under this 
     section shall also contain a comprehensive plan for the use 
     of funds under section 4114(a) by the chief executive officer 
     that includes, with respect to each activity to be carried 
     out by the State--
       ``(1) a description of how the chief executive officer will 
     coordinate such officer's activities under this part with the 
     State educational agency and other State agencies and 
     organizations involved with drug and violence prevention 
     efforts;
       ``(2) a description of how funds reserved under section 
     4114(a) will be used so as not to duplicate the efforts of 
     the State educational agency and local educational agencies 
     with regard to the provision of school-based prevention 
     efforts and services and how those funds will be used to 
     serve populations not normally served by the State 
     educational agency, such as school dropouts and youth in 
     detention centers;
       ``(3) a description of how the chief executive officer will 
     award funds under section 4114(a) and a plan for monitoring 
     the performance of, and providing technical assistance to, 
     recipients of such funds;
       ``(4) a description of the special outreach activities that 
     will be carried out to maximize the

[[Page 6143]]

     participation of community-based nonprofit organizations of 
     demonstrated effectiveness which provide services in low-
     income communities;
       ``(5) a description of how funds will be used to support 
     community-wide comprehensive drug and violence prevention 
     planning and community mobilization activities; and
       ``(6) a specific description of how input from parents will 
     be sought regarding the use of funds under section 4114(a).
       ``(d) Peer Review.--The Secretary shall use a peer review 
     process in reviewing State applications under this section.
       ``(e) Interim Application.--Notwithstanding any other 
     provisions of this section, a State may submit for fiscal 
     year 2000 a 1-year interim application and plan for the use 
     of funds under this subpart that are consistent with the 
     requirements of this section and contain such information as 
     the Secretary may specify in regulations. The purpose of such 
     interim application and plan shall be to afford the State the 
     opportunity to fully develop and review such State's 
     application and comprehensive plan otherwise required by this 
     section. A State may not receive a grant under this subpart 
     for a fiscal year subsequent to fiscal year 2000 unless the 
     Secretary has approved such State's application and 
     comprehensive plan in accordance with this subpart.

     ``SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

       ``(a) Use of Funds.--An amount equal to 80 percent of the 
     total amount allocated to a State under section 4111 for each 
     fiscal year shall be used by the State educational agency and 
     its local educational agencies for drug and violence 
     prevention activities in accordance with this section.
       ``(b) State Level Programs.--
       ``(1) In general.--A State educational agency shall use not 
     more than 5 percent of the amount available under subsection 
     (a) for activities such as--
       ``(A) voluntary training and technical assistance 
     concerning drug and violence prevention for local educational 
     agencies and educational service agencies, including 
     teachers, administrators, coaches and athletic directors, 
     other staff, parents, students, community leaders, health 
     service providers, local law enforcement officials, and 
     judicial officials;
       ``(B) the development, identification, dissemination, and 
     evaluation of the most readily available, accurate, and up-
     to-date drug and violence prevention curriculum materials 
     (including videotapes, software, and other technology-based 
     learning resources), for consideration by local educational 
     agencies;
       ``(C) making available to local educational agencies cost 
     effective research-based programs for youth violence and drug 
     abuse prevention;
       ``(D) demonstration projects in drug and violence 
     prevention, including service-learning projects;
       ``(E) training, technical assistance, and demonstration 
     projects to address violence associated with prejudice and 
     intolerance;
       ``(F) financial assistance to enhance resources available 
     for drug and violence prevention in areas serving large 
     numbers of economically disadvantaged children or sparsely 
     populated areas, or to meet other special needs consistent 
     with the purposes of this subpart; and
       ``(G) the evaluation of activities carried out within the 
     State under this part.
       ``(2) Special rule.--A State educational agency may carry 
     out activities under this subsection directly, or through 
     grants or contracts.
       ``(c) State Administration.--
       ``(1) In general.--A State educational agency may use not 
     more than 5 percent of the amount reserved under subsection 
     (a) for the administrative costs of carrying out its 
     responsibilities under this part.
       ``(2) Uniform management information and reporting 
     system.--In carrying out its responsibilities under this 
     part, a State shall implement a uniform management 
     information and reporting system that includes information on 
     the types of curricula, programs and services provided by the 
     State, Governor, local education agencies, and other 
     recipients of funds under this title.
       ``(d) Local Educational Agency Programs.--
       ``(1) In general.--A State educational agency shall 
     distribute not less than 91 percent of the amount made 
     available under subsection (a) for each fiscal year to local 
     educational agencies in accordance with this subsection.
       ``(2) Distribution.--A State educational agency shall 
     distribute amounts under paragraph (1) in accordance with any 
     one of the following subparagraphs:
       ``(A) Enrollment and combination approach.--Of the amount 
     distributed under paragraph (1), a State educational agency 
     shall distribute
       ``(i) at least 70 percent of such amount to local 
     educational agencies, based on the relative enrollments in 
     public and private nonprofit elementary and secondary schools 
     within the boundaries of such agencies; and
       ``(ii) not to exceed 30 percent of any amounts remaining 
     after amounts are distributed under clause (i)--

       ``(I) to each local educational agency in an amount 
     determined appropriate by the State education agency; or
       ``(II) to local educational agencies that the State 
     education agency determines have the greatest need for 
     additional funds to carry out drug and violence prevention 
     programs authorized by this subpart.

       ``(B) Competitive and need approach.--Of the amount 
     distributed under paragraph (1), a State educational agency 
     shall distribute
       ``(i) not to exceed 70 percent of such amount to local 
     educational agencies that the State agency determines, 
     through a competitive process, have the greatest need for 
     funds to carry out drug and violence prevention programs 
     based on criteria established by the State agency and 
     authorized under this subpart; and
       ``(ii) at least 30 percent of any amounts remaining after 
     amounts are distributed under clause (i) to local education 
     agencies that the State agency determines have a need for 
     additional funds to carry out the program authorized under 
     this subpart.
       ``(3) Consideration of objective data.--For purposes of 
     paragraph (2), in determining which local educational 
     agencies have the greatest need for funds, the State 
     educational agency shall consider objective data which may 
     include--
       ``(A) high or increasing rates of alcohol or drug use among 
     youth;
       ``(B) high or increasing rates of victimization of youth by 
     violence and crime;
       ``(C) high or increasing rates of arrests and convictions 
     of youth for violent or drug- or alcohol-related crime;
       ``(D) the extent of illegal gang activity;
       ``(E) high or increasing incidence of violence associated 
     with prejudice and intolerance;
       ``(F) high or increasing rates of referrals of youths to 
     drug and alcohol abuse treatment and rehabilitation programs;
       ``(G) high or increasing rates of referrals of youths to 
     juvenile court;
       ``(H) high or increasing rates of expulsions and 
     suspensions of students from schools;
       ``(I) high or increasing rates of reported cases of child 
     abuse and domestic violence; and
       ``(J) high or increasing rates of drug related emergencies 
     or deaths.
       ``(e) Reallocation of Funds.--If a local educational agency 
     chooses not to apply to receive the amount allocated to such 
     agency under subsection (d), or if such agency's application 
     under section 4115 is disapproved by the State educational 
     agency, the State educational agency shall reallocate such 
     amount to one or more of its other local educational 
     agencies.
       ``(f) Return of Funds to State Educational Agency; 
     Reallocation.--
       ``(1) Return.--Except as provided in paragraph (2), upon 
     the expiration of the 1-year period beginning on the date 
     that a local educational agency or educational service agency 
     under this title receives its allocation under this title--
       ``(A) such agency shall return to the State educational 
     agency any funds from such allocation that remain 
     unobligated; and
       ``(B) the State educational agency shall reallocate any 
     such amount to local educational agencies or educational 
     service agencies that have plans for using such amount for 
     programs or activities on a timely basis.
       ``(2) Reallocation.--In any fiscal year, a local 
     educational agency, may retain for obligation in the 
     succeeding fiscal year--
       ``(A) an amount equal to not more than 25 percent of the 
     allocation it receives under this title for such fiscal year; 
     or
       ``(B) upon a demonstration of good cause by such agency or 
     consortium, a greater amount approved by the State 
     educational agency.

     ``SEC. 4114. GOVERNOR'S PROGRAMS.

       ``(a) Use of Funds.--
       ``(1) In general.--An amount equal to 20 percent of the 
     total amount allocated to a State under section 4111(b)(1) 
     for each fiscal year shall be used by the chief executive 
     officer of such State for drug and violence prevention 
     programs and activities in accordance with this section.
       ``(2) Administrative costs.--A chief executive officer may 
     use not more than 5 percent of the 20 percent described in 
     paragraph (1) for the administrative costs incurred in 
     carrying out the duties of such officer under this section. 
     The chief executive officer of a State may use amounts under 
     this paragraph to award grants to State, county, or local law 
     enforcement agencies, including district attorneys, in 
     consultation with local education agencies or community-based 
     agencies, for the purposes of carrying out drug abuse and 
     violence prevention activities.
       ``(b) State plan.--Amounts shall be used under this section 
     in accordance with a State plan submitted by the chief 
     executive office of the State. Such State plan shall 
     contain--
       ``(1) an objective analysis of the current use (and 
     consequences of such use) of alcohol, tobacco, and 
     controlled, illegal, addictive or harmful substances as well 
     as the violence, safety, and discipline problems among 
     students who attend schools in the State (including private 
     school students who participate in the States's drug and 
     violence prevention programs) that is based on ongoing local 
     assessment or evaluation activities;
       ``(2) an analysis, based on data reasonably available at 
     the time, of the prevalence of risk or protective factors, 
     buffers or assets or other research-based variables in 
     schools and communities in the State;
       ``(3) a description of the research-based strategies and 
     programs, which shall be used to prevent or reduce drug use, 
     violence, or disruptive behavior, which shall include--
       ``(A) a specification of the objectively measurable goals, 
     objectives, and activities for the program;
       ``(B) a specification for how risk factors, if any, which 
     have been identified will be targeted through research-based 
     programs; and
       ``(C) a specification for how protective factors, buffers, 
     or assets, if any, will be targeted through research-based 
     programs;

[[Page 6144]]

       ``(4) a specification for the method or methods by which 
     measurements of program goals will be achieved; and
       ``(5) a specification for how the evaluation of the 
     effectiveness of the prevention program will be assessed and 
     how the results will be used to refine, improve, and 
     strengthen the program.
       ``(c) Programs Authorized.--
       ``(1) In general.--A chief executive officer shall use 
     funds made available under subsection (a)(1) directly for 
     grants to or contracts with parent groups, schools, community 
     action and job training agencies, community-based 
     organizations, community anti-drug coalitions, law 
     enforcement education partnerships, and other public entities 
     and private nonprofit organizations and consortia thereof. In 
     making such grants and contracts, a chief executive officer 
     shall give priority to programs and activities described in 
     subsection (d) for--
       ``(A) children and youth who are not normally served by 
     State or local educational agencies; or
       ``(B) populations that need special services or additional 
     resources (such as preschoolers, youth in juvenile detention 
     facilities, runaway or homeless children and youth, pregnant 
     and parenting teenagers, and school dropouts).
       ``(2) Peer review.--Grants or contracts awarded under this 
     subsection shall be subject to a peer review process.
       ``(d) Authorized Activities.--Grants and contracts under 
     subsection (c) shall be used to carry out the comprehensive 
     State plan as required under section 4112(a)(1) through 
     programs and activities such as--
       ``(1) disseminating information about drug and violence 
     prevention;
       ``(2) the voluntary training of parents, law enforcement 
     officials, judicial officials, social service providers, 
     health service providers and community leaders about drug and 
     violence prevention, health education (as it relates to drug 
     and violence prevention), early intervention, pupil services, 
     or rehabilitation referral;
       ``(3) developing and implementing comprehensive, community-
     based drug and violence prevention programs that link 
     community resources with schools and integrate services 
     involving education, vocational and job skills training and 
     placement, law enforcement, health, mental health, community 
     service, service-learning, mentoring, and other appropriate 
     services;
       ``(4) planning and implementing drug and violence 
     prevention activities that coordinate the efforts of State 
     agencies with efforts of the State educational agency and its 
     local educational agencies;
       ``(5) activities to protect students traveling to and from 
     school;
       ``(6) before-and-after school recreational, instructional, 
     cultural, and artistic programs that encourage drug- and 
     violence-free lifestyles;
       ``(7) activities that promote the awareness of and 
     sensitivity to alternatives to violence through courses of 
     study that include related issues of intolerance and hatred 
     in history;
       ``(8) developing and implementing activities to prevent and 
     reduce violence associated with prejudice and intolerance;
       ``(9) developing and implementing strategies to prevent 
     illegal gang activity;
       ``(10) coordinating and conducting school and community-
     wide violence and safety and drug abuse assessments and 
     surveys;
       ``(11) service-learning projects that encourage drug- and 
     violence-free lifestyles;
       ``(12) evaluating programs and activities assisted under 
     this section;
       ``(13) developing and implementing community mobilization 
     activities to undertake environmental change strategies 
     related to substance abuse and violence; and
       ``(14) partnerships between local law enforcement agencies, 
     including district attorneys, and local education agencies or 
     community-based agencies.

     ``SEC. 4115. LOCAL APPLICATIONS.

       ``(a) Application Required.--
       ``(1) In general.--In order to be eligible to receive a 
     distribution under section 4113(d) for any fiscal year, a 
     local educational agency shall submit, at such time as the 
     State educational agency requires, an application to the 
     State educational agency for approval. Such an application 
     shall be amended, as necessary, to reflect changes in the 
     local educational agency's program.
       ``(2) Development.--
       ``(A) Consultation.--A local educational agency shall 
     develop its application under subsection (a)(1) in 
     consultation with a local or substate regional advisory 
     council that includes, to the extent possible, 
     representatives of local government, business, parents, 
     students, teachers, pupil services personnel, appropriate 
     State agencies, private schools, the medical profession, law 
     enforcement, community-based organizations, and other groups 
     with interest and expertise in drug and violence prevention.
       ``(B) Duties of advisory council.--In addition to assisting 
     the local educational agency to develop an application under 
     this section, the advisory council established or designated 
     under subparagraph (A) shall, on an ongoing basis--
       ``(i) disseminate information about research-based drug and 
     violence prevention programs, projects, and activities 
     conducted within the boundaries of the local educational 
     agency;
       ``(ii) advise the local educational agency regarding how 
     best to coordinate such agency's activities under this 
     subpart with other related programs, projects, and 
     activities;
       ``(iii) ensure that a mechanism is in place to enable local 
     educational agencies to have access to up-to-date information 
     concerning the agencies that administer related programs, 
     projects, and activities and any changes in the law that 
     alter the duties of the local educational agencies with 
     respect to activities conducted under this subpart; and
       ``(iv) review program evaluations and other relevant 
     material and make recommendations on an active and ongoing 
     basis to the local educational agency on how to improve such 
     agency's drug and violence prevention programs.
       ``(b) Contents of Applications.--An application under this 
     section shall contain--
       ``(1) an objective analysis of the current use (and 
     consequences of such use) of alcohol, tobacco, and 
     controlled, illegal, addictive or harmful substances as well 
     as the violence, safety, and discipline problems among 
     students who attend the schools of the applicant (including 
     private school students who participate in the applicant's 
     drug and violence prevention program) that is based on 
     ongoing local assessment or evaluation activities;
       ``(2) an analysis, based on data reasonably available at 
     the time, of the prevalence of risk or protective factors, 
     buffers or assets or other research-based variables in the 
     school and community;
       ``(3) a description of the research-based strategies and 
     programs, which shall be used to prevent or reduce drug use, 
     violence, or disruptive behavior, which shall include--
       ``(A) a specification of the objectively measurable goals, 
     objectives, and activities for the program, which shall 
     include--
       ``(i) reductions in the use of alcohol, tobacco, and 
     illicit drugs and violence by youth;
       ``(ii) specific reductions in the prevalence of identified 
     risk factors;
       ``(iii) specific increases in the prevalence of protective 
     factors, buffers, or assets if any have been identified; or
       ``(iv) other research-based goals, objectives, and 
     activities that are identified as part of the application 
     that are not otherwise covered under clauses (i) through 
     (iii);
       ``(B) a specification for how risk factors, if any, which 
     have been identified will be targeted through research-based 
     programs; and
       ``(C) a specification for how protective factors, buffers, 
     or assets, if any, will be targeted through research-based 
     programs;
       ``(4) a specification for the method or methods by which 
     measurements of program goals will be achieved;
       ``(5) a specification for how the evaluation of the 
     effectiveness of the prevention program will be assessed and 
     how the results will be used to refine, improve, and 
     strengthen the program;
       ``(6) an assurance that the applicant has, or the schools 
     to be served have, a plan for keeping schools safe and drug-
     free that includes--
       ``(A) appropriate and effective discipline policies that 
     prohibit disorderly conduct, the possession of firearms and 
     other weapons, and the illegal use, possession, distribution, 
     and sale of tobacco, alcohol, and other drugs by students;
       ``(B) security procedures at school and while students are 
     on the way to and from school;
       ``(C) prevention activities that are designed to create and 
     maintain safe, disciplined, and drug-free environments; and
       ``(D) a crisis management plan for responding to violent or 
     traumatic incidents on school grounds; and
       ``(7) such other information and assurances as the State 
     educational agency may reasonably require.
       ``(c) Review of Application.--
       ``(1) In general.--In reviewing local applications under 
     this section, a State educational agency shall use a peer 
     review process or other methods of assuring the quality of 
     such applications.
       ``(2) Considerations.--
       ``(A) In general.--In determining whether to approve the 
     application of a local educational agency under this section, 
     a State educational agency shall consider the quality of the 
     local educational agency's comprehensive plan under 
     subsection (b)(6) and the extent to which the proposed plan 
     provides a thorough assessment of the substance abuse and 
     violence problem, uses objective data and the knowledge of a 
     wide range of community members, develops measurable goals 
     and objectives, and implements research-based programs that 
     have been shown to be effective and meet identified needs.
       ``(B) Disapproval.--A State educational agency may 
     disapprove a local educational agency application under this 
     section in whole or in part and may withhold, limit, or place 
     restrictions on the use of funds allotted to such a local 
     educational agency in a manner the State educational agency 
     determines will best promote the purposes of this part, 
     except that a local educational agency shall be afforded an 
     opportunity to appeal any such disapproval.

     ``SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

       ``(a) Program Requirements.--A local educational agency 
     shall use funds received under this subpart to adopt and 
     carry out a comprehensive drug and violence prevention 
     program which shall--
       ``(1) be designed, for all students and school employees, 
     to--
       ``(A) prevent the use, possession, and distribution of 
     tobacco, alcohol, and illegal drugs by students and to 
     prevent the illegal use, possession, and distribution of such 
     substances by school employees;
       ``(B) prevent violence and promote school safety; and
       ``(C) create a disciplined environment conducive to 
     learning;

[[Page 6145]]

       ``(2) include activities to promote the involvement of 
     parents and coordination with community groups and agencies, 
     including the distribution of information about the local 
     educational agency's needs, goals, and programs under this 
     subpart;
       ``(3) implement activities which shall only include--
       ``(A) a thorough assessment of the substance abuse violence 
     problem, using objective data and the knowledge of a wide 
     range of community members;
       ``(B) the development of measurable goals and objectives;
       ``(C) the implementation of research-based programs that 
     have been shown to be effective and meet identified goals; 
     and
       ``(D) an evaluation of program activities; and
       ``(4) implement prevention programming activities within 
     the context of a research-based prevention framework.
       ``(b) Use of Funds.--A comprehensive, age-appropriate, 
     developmentally-, and research-based drug and violence 
     prevention program carried out under this subpart may 
     include--
       ``(1) drug or violence prevention and education programs 
     for all students, from the preschool level through grade 12, 
     that address the legal, social, personal and health 
     consequences of the use of illegal drugs or violence, promote 
     a sense of individual responsibility, and provide information 
     about effective techniques for resisting peer pressure to use 
     illegal drugs;
       ``(2) programs of drug or violence prevention, health 
     education (as it relates to drug and violence prevention), 
     early intervention, pupil services, mentoring, or 
     rehabilitation referral, which emphasize students' sense of 
     individual responsibility and which may include--
       ``(A) the dissemination of information about drug or 
     violence prevention;
       ``(B) the professional development or voluntary training of 
     school personnel, parents, students, law enforcement 
     officials, judicial officials, health service providers and 
     community leaders in prevention, education, early 
     intervention, pupil services or rehabilitation referral; and
       ``(C) the implementation of strategies, including 
     strategies to integrate the delivery of services from a 
     variety of providers, to combat illegal alcohol, tobacco and 
     drug use, such as--
       ``(i) family counseling; and
       ``(ii) activities, such as community service and service-
     learning projects, that are designed to increase students' 
     sense of community;
       ``(3) age-appropriate, developmentally based violence 
     prevention and education programs for all students, from the 
     preschool level through grade 12, that address the legal, 
     health, personal, and social consequences of violent and 
     disruptive behavior, including sexual harassment and abuse, 
     and victimization associated with prejudice and intolerance, 
     and that include activities designed to help students develop 
     a sense of individual responsibility and respect for the 
     rights of others, and to resolve conflicts without violence, 
     or otherwise decrease the prevalence of risk factors or 
     increase the prevalence of protective factors, buffers, or 
     assets in the community;
       ``(4) violence prevention programs for school-aged youth, 
     which emphasize students' sense of individual responsibility 
     and may include--
       ``(A) the dissemination of information about school safety 
     and discipline;
       ``(B) the professional development or voluntary training of 
     school personnel, parents, students, law enforcement 
     officials, judicial officials, and community leaders in 
     designing and implementing strategies to prevent school 
     violence;
       ``(C) the implementation of strategies, such as conflict 
     resolution and peer mediation, student outreach efforts 
     against violence, anti-crime youth councils (which work with 
     school and community-based organizations to discuss and 
     develop crime prevention strategies), and the use of 
     mentoring programs, to combat school violence and other forms 
     of disruptive behavior, such as sexual harassment and abuse; 
     and
       ``(D) the development and implementation of character 
     education programs, as a component of a comprehensive drug or 
     violence prevention program, that are tailored by 
     communities, parents and schools; and
       ``(E) comprehensive, community-wide strategies to prevent 
     or reduce illegal gang activities and drug use;
       ``(5) supporting `safe zones of passage' for students 
     between home and school through such measures as Drug- and 
     Weapon-Free School Zones, enhanced law enforcement, and 
     neighborhood patrols;
       ``(6) the acquisition or hiring of school security 
     equipment, technologies, personnel, or services such as--
       ``(A) metal detectors;
       ``(B) electronic locks;
       ``(C) surveillance cameras; and
       ``(D) other drug and violence prevention-related equipment 
     and technologies;
       ``(7) professional development for teachers and other staff 
     and curricula that promote the awareness of and sensitivity 
     to alternatives to violence through courses of study that 
     include related issues of intolerance and hatred in history;
       ``(8) the promotion of before-and-after school 
     recreational, instructional, cultural, and artistic programs 
     in supervised community settings;
       ``(9) other research-based prevention programming that is--
       ``(A) effective in reducing the prevalence of alcohol, 
     tobacco or drug use, and violence in youth;
       ``(B) effective in reducing the prevalence of risk factors 
     predictive of increased alcohol, tobacco or drug use, and 
     violence; or
       ``(C) effective in increasing the prevalence of protective 
     factors, buffers, and assets predictive of decreased alcohol, 
     tobacco or drug use and violence among youth;
       ``(10) the collection of objective data used to assess 
     program needs, program implementation, or program success in 
     achieving program goals and objectives;
       ``(11) community involvement activities including community 
     mobilization;
       ``(12) voluntary parental involvement and training;
       ``(13) the evaluation of any of the activities authorized 
     under this subsection;
       ``(14) the provision of mental health counseling (by 
     qualified counselors) to students for drug or violence 
     related problems;
       ``(15) consistent with the fourth amendment to the 
     Constitution of the United States, the testing of a student 
     for illegal drug use or inspecting a student's locker for 
     guns, explosives, other weapons, or illegal drugs, including 
     at the request of or with the consent of a parent or legal 
     guardian of the student, if the local educational agency 
     elects to so test or inspect; and
       ``(16) the conduct of a nationwide background check of each 
     local educational agency employee (regardless of when hired) 
     and prospective employees for the purpose of determining 
     whether the employee or prospective employee has been 
     convicted of a crime that bears upon the employee's or 
     prospective employee's fitness--
       ``(A) to have responsibility for the safety or well-being 
     of children;
       ``(B) to serve in the particular capacity in which the 
     employee or prospective employee is or will be employed; or
       ``(C) to otherwise be employed at all by the local 
     educational agency.
       ``(c) Limitations.--
       ``(1) In general.--Not more than 20 percent of the funds 
     made available to a local educational agency under this 
     subpart may be used to carry out the activities described in 
     paragraphs (5) and (6) of subsection (b).
       ``(2) Special rule.--A local educational agency shall only 
     be able to use funds received under this subpart for 
     activities described in paragraphs (5) and (6) of subsection 
     (b) if funding for such activities is not received from other 
     Federal agencies.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to prohibit the use of funds under this part by 
     any local educational agency or school for the establishment 
     or implementation of a school uniform policy so long as such 
     policy is part of the overall comprehensive drug and violence 
     prevention plan of the State involved and is supported by the 
     State's needs assessment and other research-based 
     information.

     ``SEC. 4117. EVALUATION AND REPORTING.

       ``(a) Impact Evaluation.--
       ``(1) Biennial evaluation.--The Secretary, in consultation 
     with the National Advisory Committee, shall conduct an 
     independent biennial evaluation of the impact of programs 
     assisted under this subpart and of other recent and new 
     initiatives to combat violence in schools. The evaluation 
     shall report on--
       ``(A) whether funded community and local education agency 
     programs--
       ``(i) provided a thorough assessment of the substance abuse 
     and violence problem;
       ``(ii) used objective data and the knowledge of a wide 
     range of community members;
       ``(iii) developed measurable goals and objectives; and
       ``(iv) implemented research-based programs that have been 
     shown to be effective and meet identified needs;
       ``(v) conducted periodic program evaluations to assess 
     progress made towards achieving program goals and objectives 
     and whether they used evaluations to improve program goals, 
     objectives and activities;
       ``(B) whether funded community and local education agency 
     programs have been designed and implemented in a manner that 
     specifically targets, if relevant to the program--
       ``(i) research-based variables that are predictive of drug 
     use or violence;
       ``(ii) risk factors that are predictive of an increased 
     likelihood that young people will use drugs, alcohol or 
     tobacco or engage in violence or drop out of school; or
       ``(iii) protective factors, buffers, or assets that are 
     known to protect children and youth from exposure to risk, 
     either by reducing the exposure to risk factors or by 
     changing the way the young person responds to risk, and to 
     increase the likelihood of positive youth development;
       ``(C) whether funded community and local education agency 
     programs have appreciably reduced the level of drug, alcohol 
     and tobacco use and school violence and the presence of 
     firearms at schools; and
       ``(D) whether funded community and local educational agency 
     programs have conducted effective parent involvement and 
     voluntary training programs.
       ``(2) Data collection.--The National Center for Education 
     Statistics shall collect data to determine the incidence and 
     prevalence of social disapproval of drug use and violence in 
     elementary and secondary schools in the States.
       ``(3) Biennial Report.--Not later than January 1, 2002, and 
     every 2 years thereafter, the Secretary shall submit to the 
     President and Congress a report on the findings of the 
     evaluation conducted under paragraph (1) together with the 
     data collected under paragraph (2) and data available from 
     other sources on the incidence

[[Page 6146]]

     and prevalence, age of onset, perception of health risk, and 
     perception of social disapproval of drug use in elementary 
     and secondary schools in the States. The Secretary shall 
     include data submitted by the States pursuant to subsection 
     (b)(2)(B).
       ``(b) State Report.--
       ``(1) In general.--By December 1, 2001, and every 2 years 
     thereafter, the chief executive officer of the State, in 
     cooperation with the State educational agency, shall submit 
     to the Secretary a report--
       ``(A) on the implementation and outcomes of State programs 
     under section 4114 and section 4113(b) and local educational 
     agency programs under section 4113(d), as well as an 
     assessment of their effectiveness;
       ``(B) on the State's progress toward attaining its goals 
     for drug and violence prevention under subsections (b)(1) and 
     (c)(1) of section 4112; and
       ``(C) on the State's efforts to inform parents of, and 
     include parents in, violence and drug prevention efforts.
       ``(2) Special rule.--The report required by this subsection 
     shall be--
       ``(A) in the form specified by the Secretary;
       ``(B) based on the State's ongoing evaluation activities, 
     and shall include data on the incidence and prevalence, age 
     of onset, perception of health risk, and perception of social 
     disapproval of drug use and violence by youth in schools and 
     communities; and
       ``(C) made readily available to the public.
       ``(c) Local Educational Agency Report.--
       ``(1) In general.--Each local educational agency receiving 
     funds under this subpart shall submit to the State 
     educational agency such information that the State requires 
     to complete the State report required by subsection (b), 
     including a description of how parents were informed of, and 
     participated in, violence and drug prevention efforts.
       ``(2) Availability.--Information under paragraph (1) shall 
     be made readily available to the public.
       ``(3) Provision of documentation.--Not later than January 1 
     of each year that a State is required to report under 
     subsection (b), the Secretary shall provide to the State 
     education agency all of the necessary documentation required 
     for compliance with this section.

     ``SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

       ``(a) General Authority.--From the funds made available 
     pursuant to section 4111(a)(4) to carry out this section, the 
     Secretary shall make grants to or enter into cooperative 
     agreements or contracts with organizations primarily serving 
     and representing Native Hawaiians which are recognized by the 
     Governor of the State of Hawaii to plan, conduct, and 
     administer programs, or portions thereof, which are 
     authorized by and consistent with the provisions of this 
     title for the benefit of Native Hawaiians.
       ``(b) Definition of Native Hawaiian.--For the purposes of 
     this section, the term `Native Hawaiian' means any individual 
     any of whose ancestors were natives, prior to 1778, of the 
     area which now comprises the State of Hawaii.

                     ``Subpart 2--National Programs

     ``SEC. 4121. FEDERAL ACTIVITIES.

       ``(a) Program Authorized.--From funds made available to 
     carry out this subpart under section 4004(2), the Secretary, 
     in consultation with the Secretary of Health and Human 
     Services, the Director of the Office of National Drug Control 
     Policy, and the Attorney General, shall carry out programs to 
     prevent the illegal use of drugs and violence among, and 
     promote safety and discipline for, students at all 
     educational levels from preschool through the post-secondary 
     level. The Secretary shall carry out such programs directly, 
     or through grants, contracts, or cooperative agreements with 
     public and private nonprofit organizations and individuals, 
     or through agreements with other Federal agencies, and shall 
     coordinate such programs with other appropriate Federal 
     activities. Such programs may include--
       ``(1) the development and demonstration of innovative 
     strategies for the voluntary training of school personnel, 
     parents, and members of the community, including the 
     demonstration of model preservice training programs for 
     prospective school personnel;
       ``(2) demonstrations and rigorous evaluations of innovative 
     approaches to drug and violence prevention;
       ``(3) the provision of information on drug abuse education 
     and prevention to the Secretary of Health and Human Services 
     for dissemination by the clearinghouse for alcohol and drug 
     abuse information established under section 501(d)(16) of the 
     Public Health Service Act;
       ``(4) the development of curricula related to child abuse 
     prevention and education and the training of personnel to 
     teach child abuse education and prevention to elementary and 
     secondary schoolchildren;
       ``(5) program evaluations in accordance with section 10201 
     that address issues not addressed under section 4117(a);
       ``(6) direct services to schools and school systems 
     afflicted with especially severe drug and violence problems 
     or to support crisis situations and appropriate response 
     efforts;
       ``(7) activities in communities designated as empowerment 
     zones or enterprise communities that will connect schools to 
     community-wide efforts to reduce drug and violence problems;
       ``(8) developing and disseminating drug and violence 
     prevention materials, including video-based projects and 
     model curricula;
       ``(9) developing and implementing a comprehensive violence 
     prevention strategy for schools and communities, that may 
     include conflict resolution, peer mediation, the teaching of 
     law and legal concepts, and other activities designed to stop 
     violence;
       ``(10) the implementation of innovative activities, such as 
     community service and service-learning projects, designed to 
     rebuild safe and healthy neighborhoods and increase students' 
     sense of individual responsibility;
       ``(11) grants to noncommercial telecommunications entities 
     for the production and distribution of national video-based 
     projects that provide young people with models for conflict 
     resolution and responsible decisionmaking;
       ``(12) the development of education and training programs, 
     curricula, instructional materials, and professional training 
     and development for preventing and reducing the incidence of 
     crimes and conflicts motivated by hate in localities most 
     directly affected by hate crimes; and
       ``(13) other activities that meet unmet national needs 
     related to the purposes of this title.
       ``(b) Peer Review.--The Secretary shall use a peer review 
     process in reviewing applications for funds under this 
     section.

     ``SEC. 4122. NATIONAL COORDINATOR PROGRAM.

       ``(a) In General.--From amounts available to carry out this 
     section under section 4004(3), the Secretary shall provide 
     for the establishment of a National Coordinator Program under 
     which the Secretary shall award grants to local education 
     agencies for the hiring of drug prevention and school safety 
     program coordinators.
       ``(b) Use of Funds.--Amounts received under a grant under 
     subsection (a) shall be used by local education agencies to 
     recruit, hire, and train individuals to serve as drug 
     prevention and school safety program coordinators in schools 
     with significant drug and school safety problems. Such 
     coordinators shall be responsible for developing, conducting, 
     and analyzing assessments of drug and crime problems at their 
     schools, and administering the safe and drug free grant 
     program at such schools.

     ``SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES 
                   ADVISORY COMMITTEE.

       ``(a) Establishment.--
       ``(1) In general.--There is hereby established an advisory 
     committee to be known as the `Safe and Drug Free Schools and 
     Communities Advisory Committee' (referred to in this section 
     as the `Advisory Committee') to--
       ``(A) consult with the Secretary under subsection (b);
       ``(B) coordinate Federal school- and community-based 
     substance abuse and violence prevention programs and reduce 
     duplicative research or services;
       ``(C) develop core data sets and evaluation protocols for 
     safe and drug free school- and community-based programs;
       ``(D) provide technical assistance and training for safe 
     and drug free school- and community-based programs;
       ``(E) provide for the diffusion of research-based safe and 
     drug free school- and community-based programs; and
       ``(F) review other regulations and standards developed 
     under this title.
       ``(2) Composition.--The Advisory Committee shall be 
     composed of representatives from--
       ``(A) the Department of Education,
       ``(B) the Centers for Disease Control and Prevention;
       ``(C) the National Institute on Drug Abuse;
       ``(D) the National Institute on Alcoholism and Alcohol 
     Abuse;
       ``(E) the Center for Substance Abuse Prevention;
       ``(F) the Center for Mental Health Services;
       ``(G) the Office of Juvenile Justice and Delinquency 
     Prevention;
       ``(H) the Office of National Drug Control Policy; and
       ``(I) State and local governments, including education 
     agencies.
       ``(3) Consultation.--In carrying out its duties under this 
     section, the Advisory Committee shall annually consult with 
     interested State and local coordinators of school- and 
     community-based substance abuse and violence prevention 
     programs and other interested groups.
       ``(b) Programs.--
       ``(1) In general.--From amounts made available under 
     section 4004(2) to carry out this subpart, the Secretary, in 
     consultation with the Advisory Committee, shall carry out 
     research-based programs to strengthen the accountability and 
     effectiveness of the State, Governor's, and national programs 
     under this title.
       ``(2) Grants, contracts or cooperative agreements.--The 
     Secretary shall carry out paragraph (1) directly or through 
     grants, contracts, or cooperative agreements with public and 
     nonprofit private organizations and individuals or through 
     agreements with other Federal agencies.
       ``(3) Coordination.--The Secretary shall coordinate 
     programs under this section with other appropriate Federal 
     activities.
       ``(4) Activities.--Activities that may be carried out under 
     programs funded under this section may include--
       ``(A) the provision of technical assistance and training, 
     in collaboration with other Federal agencies utilizing their 
     expertise and national and regional training systems, for 
     Governors, State education agencies and local education 
     agencies to support high quality, effective programs that--
       ``(i) provide a thorough assessment of the substance abuse 
     and violence problem;
       ``(ii) utilize objective data and the knowledge of a wide 
     range of community members;
       ``(iii) develop measurable goals and objectives; and
       ``(iv) implement research-based activities that have been 
     shown to be effective and that meet identified needs;

[[Page 6147]]

       ``(B) the provision of technical assistance and training to 
     foster program accountability;
       ``(C) the diffusion and dissemination of best practices and 
     programs;
       ``(D) the development of core data sets and evaluation 
     tools;
       ``(E) program evaluations;
       ``(F) the provision of information on drug abuse education 
     and prevention to the Secretary of Health and Human Services 
     for dissemination by the Clearinghouse for Alcohol and Drug 
     Abuse Information established under section 501(d)(16) of the 
     Public Health Service Act; and
       ``(G) other activities that meet unmet needs related to the 
     purposes of this title and that are undertaken in 
     consultation with the Advisory Committee.

     ``SEC. 4124. HATE CRIME PREVENTION.

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

                    ``Subpart 3--General Provisions

     ``SEC. 4131. DEFINITIONS.

       ``In this part:
       ``(1) Community-based organization.--The term `community-
     based organization' means a private nonprofit organization 
     which is representative of a community or significant 
     segments of a community and which provides educational or 
     related services to individuals in the community.
       ``(2) Drug and violence prevention.--The term `drug and 
     violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, or education related 
     to the illegal use of alcohol and the use of controlled, 
     illegal, addictive, or harmful substances, including 
     inhalants and anabolic steroids;
       ``(B) prevention, early intervention, smoking cessation 
     activities, or education, related to the use of tobacco by 
     children and youth eligible for services under this title; 
     and
       ``(C) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment and 
     abuse, and victimization associated with prejudice and 
     intolerance, on school premises, going to and from school, 
     and at school-sponsored activities, through the creation and 
     maintenance of a school environment that is free of weapons 
     and fosters individual responsibility and respect for the 
     rights of others.
       ``(3) Hate crime.--The term `hate crime' means a crime as 
     described in section 1(b) of the Hate Crime Statistics Act of 
     1990.
       ``(4) Nonprofit.--The term `nonprofit', as applied to a 
     school, agency, organization, or institution means a school, 
     agency, organization, or institution owned and operated by 
     one or more nonprofit corporations or associations, no part 
     of the net earnings of which inures, or may lawfully inure, 
     to the benefit of any private shareholder or individual.
       ``(5) Objectively measurable goals.--The term `objectively 
     measurable goals' means prevention programming goals defined 
     through use of quantitative epidemiological data measuring 
     the prevalence of alcohol, tobacco, and other drug use, 
     violence, and the prevalence of risk and protective factors 
     predictive of these behaviors, collected through a variety of 
     methods and sources known to provide high quality data.
       ``(6) Protective factor, buffer, or asset.--The terms 
     `protective factor', `buffer', and `asset' mean any one of a 
     number of the community, school, family, or peer-individual 
     domains that are known, through prospective, longitudinal 
     research efforts, or which are grounded in a well-established 
     theoretical model of prevention, and have been shown to 
     prevent alcohol, tobacco, or illicit drug use, as well as 
     violent behavior, by youth in the community, and which 
     promote positive youth development.
       ``(7) Risk factor.--The term `risk factor' means any one of 
     a number of characteristics of the community, school, family, 
     or peer-individual domains that are known, through 
     prospective, longitudinal research efforts, to be predictive 
     of alcohol, tobacco, and illicit drug use, as well as violent 
     behavior, by youth in the school and community.
       ``(8) School-aged population.--The term `school-aged 
     population' means the population aged five through 17, as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data available from the Department of Commerce.
       ``(9) School personnel.--The term `school personnel' 
     includes teachers, administrators, counselors, social 
     workers, psychologists, nurses, librarians, and other support 
     staff who are employed by a school or who perform services 
     for the school on a contractual basis.

     ``SEC. 4132. MATERIALS.

       ``(a) `Illegal and Harmful' Message.--Drug prevention 
     programs supported under this part shall convey a clear and 
     consistent message that the illegal use of alcohol and other 
     drugs is illegal and harmful.
       ``(b) Curriculum.--The Secretary shall not prescribe the 
     use of specific curricula for programs supported under this 
     part, but may evaluate the effectiveness of such curricula 
     and other strategies in drug and violence prevention.

     ``SEC. 4133. PROHIBITED USES OF FUNDS.

       ``No funds under this part may be used for--
       ``(1) construction (except for minor remodeling needed to 
     accomplish the purposes of this part); and
       ``(2) medical services, drug treatment or rehabilitation, 
     except for pupil services or referral to treatment for 
     students who are victims of or witnesses to crime or who use 
     alcohol, tobacco, or drugs.

     ``SEC. 4134. QUALITY RATING.

       ``(a) In General.--The chief executive officer of each 
     State, or in the case of a State in which the constitution or 
     law of such State designates another individual, entity, or 
     agency in the State to be responsible for education 
     activities, such individual, entity, or agency, is authorized 
     and encouraged--
       ``(1) to establish a standard of quality for drug, alcohol, 
     and tobacco prevention programs implemented in public 
     elementary schools and secondary schools in the State in 
     accordance with subsection (b); and
       ``(2) to identify and designate, upon application by a 
     public elementary school or secondary school, any such school 
     that achieves such standard as a quality program school.
       ``(b) Criteria.--The standard referred to in subsection (a) 
     shall address, at a minimum--
       ``(1) a comparison of the rate of illegal use of drugs, 
     alcohol, and tobacco by students enrolled in the school for a 
     period of time to be determined by the chief executive 
     officer of the State;
       ``(2) the rate of suspensions or expulsions of students 
     enrolled in the school for drug, alcohol, or tobacco-related 
     offenses;
       ``(3) the effectiveness of the drug, alcohol, or tobacco 
     prevention program as proven by research;
       ``(4) the involvement of parents and community members in 
     the design of the drug, alcohol, and tobacco prevention 
     program; and
       ``(5) the extent of review of existing community drug, 
     alcohol, and tobacco prevention programs before 
     implementation of the public school program.
       ``(c) Request for Quality Program School Designation.--A 
     school that wishes to receive a quality program school 
     designation shall submit a request and documentation of 
     compliance with this section to the chief executive officer 
     of the State or the individual, entity, or agency described 
     in subsection (a), as the case may be.
       ``(d) Public Notification.--Not less than once a year, the 
     chief executive officer of each State or the individual, 
     entity, or agency described in subsection (a), as the case 
     may be,

[[Page 6148]]

     shall make available to the public a list of the names of 
     each public school in the State that has received a quality 
     program school designation in accordance with this 
     section.''.

     SEC. 402. GUN-FREE REQUIREMENTS.

       Title IV (20 U.S.C. 7101 et seq.) is amended by adding at 
     the end the following:

                        ``PART B--GUN POSSESSION

     ``SEC. 4201. GUN-FREE REQUIREMENTS.

       ``(a) Short Title.--This part may be cited as the ``Gun-
     Free Schools Act of 1994''.
       ``(b) Requirements.--
       ``(1) In general.--Each State receiving Federal funds under 
     this Act shall have in effect a State law requiring local 
     educational agencies to expel from school for a period of not 
     less than one year a student who is determined to have 
     brought a weapon to a school under the jurisdiction of local 
     educational agencies in that State, except that such State 
     law shall allow the chief administering officer of a local 
     educational agency to modify such expulsion requirement for a 
     student on a case-by-case basis.
       ``(2) Construction.--Nothing in this part shall be 
     construed to prevent a State from allowing a local 
     educational agency that has expelled a student from such a 
     student's regular school setting from providing educational 
     services to such student in an alternative setting.
       ``(3) Definition.--For the purpose of this section, the 
     term `weapon' means a firearm as such term is defined in 
     section 921(a) of title 18, United States Code.
       ``(c) Special Rule.--The provisions of this section shall 
     be construed in a manner consistent with the Individuals with 
     Disabilities Education Act.
       ``(d) Report to State.--Each local educational agency 
     requesting assistance from the State educational agency that 
     is to be provided from funds made available to the State 
     under this Act shall provide to the State, in the application 
     requesting such assistance--
       ``(1) an assurance that such local educational agency is in 
     compliance with the State law required by subsection (b); and
       ``(2) a description of the circumstances surrounding any 
     expulsions imposed under the State law required by subsection 
     (b), including--
       ``(A) the name of the school concerned;
       ``(B) the number of students expelled from such school; and
       ``(C) the type of weapons concerned.
       ``(e) Reporting.--Each State shall report the information 
     described in subsection (d) to the Secretary on an annual 
     basis.

     ``SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM 
                   REFERRAL.

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

     SEC. 403. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       Title IV (20 U.S.C. 7101 et seq.) is amended by adding at 
     the end the following:

            ``PART C--SCHOOL SAFETY AND VIOLENCE PREVENTION

     ``SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       ``Notwithstanding any other provision of this title and 
     title VI, funds made available under such titles may be used 
     for--
       ``(1) training, including in-service training, for school 
     personnel (including custodians and bus drivers), with 
     respect to--
       ``(A) identification of potential threats, such as illegal 
     weapons and explosive devices;
       ``(B) crisis preparedness and intervention procedures; and
       ``(C) emergency response;
       ``(2) training for parents, teachers, school personnel and 
     other interested members of the community regarding the 
     identification and responses to early warning signs of 
     troubled and violent youth;
       ``(3) innovative research-based delinquency and violence 
     prevention programs, including--
       ``(A) school anti-violence programs; and
       ``(B) mentoring programs;
       ``(4) comprehensive school security assessments;
       ``(5) purchase of school security equipment and 
     technologies, such as--
       ``(A) metal detectors;
       ``(B) electronic locks; and
       ``(C) surveillance cameras;
       ``(6) collaborative efforts with community-based 
     organizations, including faith-based organizations, statewide 
     consortia, and law enforcement agencies, that have 
     demonstrated expertise in providing effective, research-based 
     violence prevention and intervention programs to school aged 
     children;
       ``(7) providing assistance to States, local educational 
     agencies, or schools to establish school uniform policies;
       ``(8) school resource officers, including community 
     policing officers; and
       ``(9) other innovative, local responses that are consistent 
     with reducing incidents of school violence and improving the 
     educational atmosphere of the classroom.

     ``SEC. 4302. SCHOOL UNIFORMS.

       ``(a) Construction.--Nothing in this Act shall be construed 
     to prohibit any State, local educational agency, or school 
     from establishing a school uniform policy.
       ``(b) Funding.--Notwithstanding any other provision of law, 
     funds provided under this titles and title VI may be used for 
     establishing a school uniform policy.

     ``SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       ``(a) Nonapplication of Provisions.--The provisions of this 
     section shall not apply to any suspension or expulsion 
     disciplinary records transferred from a private, parochial, 
     or other nonpublic school, person, institution, or other 
     entity, that provides education below the college level.
       ``(b) Disciplinary Records.--Not later than 2 years after 
     the date of enactment of this part, each State receiving 
     Federal funds under this Act shall provide an assurance to 
     the Secretary that the State has a procedure in place to 
     facilitate the transfer of suspension and expulsion 
     disciplinary records by local educational agencies to any 
     private or public elementary school or secondary school for 
     any student who is enrolled or seeks, intends, or is 
     instructed to enroll, full-time or part-time, in the school.

     ``SEC. 4304. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR 
                   DISTRIBUTED FROM FUNDING AUTHORIZED BY THIS 
                   ACT.

       ``(a) Requirements.--All materials produced, procured, or 
     distributed, in whole or in part, as a result of Federal 
     funding authorized under this Act for expenditure by Federal, 
     State or local governmental recipients or other non-
     governmental entities shall have printed thereon--
       ``(1) the following statement: `This material has been 
     printed, procured or distributed, in whole or in part, at the 
     expense of the Federal Government. Any person who objects to 
     the accuracy of the material, to the completeness of the 
     material, or to the representations made within the material, 
     including objections related to this material's 
     characterization of religious beliefs, are encouraged to 
     direct their comments to the office of the United States 
     Secretary of Education.'; and
       ``(2) the complete address of an office designated by the 
     Secretary to receive comments from members of the public.
       ``(b) Designation of Office.--The office designated by the 
     Secretary under subsection (a)(2) to receive comments shall, 
     every 6 months, prepare an accurate summary of all comments 
     received by the office. Such summary shall include details 
     about the number of comments received and the specific nature 
     of the concerns raised within the comments, and shall be 
     submitted to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and the 
     Workforce of the House of Representatives, the Majority and 
     Minority Leaders of the Senate, and the Speaker of the House 
     of Representatives and the Minority Leader of the House of 
     Representatives. Such comments shall be retained by the 
     office and shall be made available to any member of the 
     general public upon request.''.

     SEC. 404. BACKGROUND CHECKS.

       Section 5(9) of the National Child Protection Act of 1993 
     (42 U.S.C. 5119c(9)) is amended--
       (1) in subparagraph (A)(i), by inserting ``(including an 
     individual who is employed by a school in any capacity, 
     including as a child care provider, a teacher, or another 
     member of school personnel)'' before the semicolon; and
       (2) in subparagraph (B)(i), by inserting ``(including an 
     individual who seeks to be employed by a school in any 
     capacity, including as a child care provider, a teacher, or 
     another member of school personnel)'' before the semicolon.

     SEC. 405. CONSTITUTIONALITY OF MEMORIAL SERVICES AND 
                   MEMORIALS AT PUBLIC SCHOOLS.

       (a) Findings.--The Congress of the United States finds that 
     the saying of a prayer, the reading of a scripture, or the 
     performance of religious music as part of a memorial service 
     that is held on the campus of a public school in order to 
     honor the memory of any person slain on that campus does not 
     violate the First Amendment to the Constitution of the United 
     States, and that the design and construction of any memorial 
     that is placed on the campus of a public school in order to 
     honor the memory of any person slain on that campus a part of 
     which includes religious symbols, motifs, or sayings does not 
     violate the First Amendment to the Constitution of the United 
     States.
       (b) Lawsuits.--In any lawsuit claiming that the type of 
     memorial or memorial service described in subsection (a) 
     violates the Constitution of the United States--
       (1) each party shall pay its own attorney's fees and costs, 
     notwithstanding any other provision of law, and
       (2) the Attorney General of the United States is authorized 
     to provide legal assistance to the school district or other 
     governmental entity that is defending the legality of such 
     memorial service.

     SEC. 406. ENVIRONMENTAL TOBACCO SMOKE.

       Title IV (20 U.S.C. 7101 et seq.) is amended by adding at 
     the end the following:

                 ``PART D--ENVIRONMENTAL TOBACCO SMOKE

     ``SEC. 4401. SHORT TITLE.

       ``This part may be cited as the `Pro-Children Act of 2000'.

     ``SEC. 4402. DEFINITIONS.

       ``As used in this part:
       ``(1) Children.--The term `children' means individuals who 
     have not attained the age of 18.
       ``(2) Children's services.--The term `children's services' 
     means the provision on a routine or regular basis of health, 
     day care, education, or library services--

[[Page 6149]]

       ``(A) that are funded, after the date of the enactment of 
     the Educational Opportunities Act, directly by the Federal 
     Government or through State or local governments, by Federal 
     grant, loan, loan guarantee, or contract programs--
       ``(i) administered by either the Secretary of Health and 
     Human Services or the Secretary of Education (other than 
     services provided and funded solely under titles XVIII and 
     XIX of the Social Security Act); or
       ``(ii) administered by the Secretary of Agriculture in the 
     case of a clinic (as defined in part 246.2 of title 7, Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling)) under section 17(b)(6) of the Child 
     Nutrition Act of 1966; or
       ``(B) that are provided in indoor facilities that are 
     constructed, operated, or maintained with such Federal funds, 
     as determined by the appropriate head of a Federal agency in 
     any enforcement action carried out under this part,
     except that nothing in clause (ii) of subparagraph (A) is 
     intended to include facilities (other than clinics) where 
     coupons are redeemed under the Child Nutrition Act of 1966.
       ``(3) Indoor facility.--The term `indoor facility' means a 
     building that is enclosed.
       ``(4) Person.--The term `person' means any State or local 
     subdivision of a State, agency of such State or subdivision, 
     corporation, or partnership that owns or operates or 
     otherwise controls and provides children's services or any 
     individual who owns or operates or otherwise controls and 
     provides such services.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.

     ``SEC. 4403. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

       ``(a) Prohibition.--After the date of the enactment of the 
     Educational Opportunities Act, no person shall permit smoking 
     within any indoor facility owned or leased or contracted for, 
     and utilized, by such person for provision of routine or 
     regular kindergarten, elementary, or secondary education or 
     library services to children.
       ``(b) Additional Prohibition.--
       ``(1) In general.--After the date of the enactment of the 
     Educational Opportunities Act, no person shall permit smoking 
     within any indoor facility (or portion of such a facility) 
     owned or leased or contracted for, and utilized by, such 
     person for the provision of regular or routine health care or 
     day care or early childhood development (Head Start) 
     services.
       ``(2) Exception.--Paragraph (1) shall not apply to--
       ``(A) any portion of such facility that is used for 
     inpatient hospital treatment of individuals dependent on, or 
     addicted to, drugs or alcohol; and
       ``(B) any private residence.
       ``(c) Federal Agencies.--
       ``(1) Kindergarten, elementary, or secondary education or 
     library services.--After the date of the enactment of the 
     Educational Opportunities Act, no Federal agency shall permit 
     smoking within any indoor facility in the United States 
     operated by such agency, directly or by contract, to provide 
     routine or regular kindergarten, elementary, or secondary 
     education or library services to children.
       ``(2) Health or day care or early childhood development 
     services.--
       ``(A) In general.--After the date of the enactment of the 
     Educational Opportunities Act, no Federal agency shall permit 
     smoking within any indoor facility (or portion of such 
     facility) operated by such agency, directly or by contract, 
     to provide routine or regular health or day care or early 
     childhood development (Head Start) services to children.
       ``(B) Exception.--Subparagraph (A) shall not apply to--
       ``(i) any portion of such facility that is used for 
     inpatient hospital treatment of individuals dependent on, or 
     addicted to, drugs or alcohol; and
       ``(ii) any private residence.
       ``(3) Application of provisions.--The provisions of 
     paragraph (2) shall also apply to the provision of such 
     routine or regular kindergarten, elementary or secondary 
     education or library services in the facilities described in 
     paragraph (2) not subject to paragraph (1).
       ``(d) Notice.--The prohibitions in subsections (a) through 
     (c) shall be published in a notice in the Federal Register by 
     the Secretary (in consultation with the heads of other 
     affected agencies) and by such agency heads in funding 
     arrangements involving the provision of children's services 
     administered by such heads. Such prohibitions shall be 
     effective 90 days after such notice is published, or 270 days 
     after the date of the enactment of the Educational 
     Opportunities Act, whichever occurs first.
       ``(e) Civil Penalties.--
       ``(1) In general.--Any failure to comply with a prohibition 
     in this section shall be considered to be a violation of this 
     section and any person subject to such prohibition who 
     commits such violation may be liable to the United States for 
     a civil penalty in an amount not to exceed $1,000 for each 
     violation, or may be subject to an administrative compliance 
     order, or both, as determined by the Secretary. Each day a 
     violation continues shall constitute a separate violation. In 
     the case of any civil penalty assessed under this section, 
     the total amount shall not exceed the amount of Federal funds 
     received by such person for the fiscal year in which the 
     continuing violation occurred. For the purpose of the 
     prohibition in subsection (c), the term `person', as used in 
     this paragraph, shall mean the head of the applicable Federal 
     agency or the contractor of such agency providing the 
     services to children.
       ``(2) Administrative proceeding.--A civil penalty may be 
     assessed in a written notice, or an administrative compliance 
     order may be issued under paragraph (1), by the Secretary 
     only after an opportunity for a hearing in accordance with 
     section 554 of title 5, United States Code. Before making 
     such assessment or issuing such order, or both, the Secretary 
     shall give written notice of the assessment or order to such 
     person by certified mail with return receipt and provide 
     information in the notice of an opportunity to request in 
     writing, not later than 30 days after the date of receipt of 
     such notice, such hearing. The notice shall reasonably 
     describe the violation and be accompanied with the procedures 
     for such hearing and a simple form that may be used to 
     request such hearing if such person desires to use such form. 
     If a hearing is requested, the Secretary shall establish by 
     such certified notice the time and place for such hearing, 
     which shall be located, to the greatest extent possible, at a 
     location convenient to such person. The Secretary (or the 
     Secretary's designee) and such person may consult to arrange 
     a suitable date and location where appropriate.
       ``(3) Circumstances affecting penalty or order.--In 
     determining the amount of the civil penalty or the nature of 
     the administrative compliance order, the Secretary shall take 
     into account, as appropriate--
       ``(A) the nature, circumstances, extent, and gravity of the 
     violation;
       ``(B) with respect to the violator, any good faith efforts 
     to comply, the importance of achieving early and permanent 
     compliance, the ability to pay or comply, the effect of the 
     penalty or order on the ability to continue operation, any 
     prior history of the same kind of violation, the degree of 
     culpability, and any demonstration of willingness to comply 
     with the prohibitions of this section in a timely manner; and
       ``(C) such other matters as justice may require.
       ``(4) Modification.--The Secretary may, as appropriate, 
     compromise, modify, or remit, with or without conditions, any 
     civil penalty or administrative compliance order. In the case 
     of a civil penalty, the amount, as finally determined by the 
     Secretary or agreed upon in compromise, may be deducted from 
     any sums that the United States or the agencies or 
     instrumentalities of the United States owe to the person 
     against whom the penalty is assessed.
       ``(5) Petition for review.--Any person aggrieved by a 
     penalty assessed or an order issued, or both, by the 
     Secretary under this section may file a petition for judicial 
     review of the order with the United States Court of Appeals 
     for the District of Columbia Circuit or for any other circuit 
     in which the person resides or transacts business. Such 
     person shall provide a copy of the petition to the Secretary 
     or the Secretary's designee. The petition shall be filed 
     within 30 days after the Secretary's assessment or order, or 
     both, are final and have been provided to such person by 
     certified mail. The Secretary shall promptly provide to the 
     court a certified copy of the transcript of any hearing held 
     under this section and a copy of the notice or order.
       ``(6) Failure to comply.--If a person fails to pay an 
     assessment of a civil penalty or comply with an order, after 
     the assessment or order, or both, are final under this 
     section, or after a court has entered a final judgment under 
     paragraph (5) in favor of the Secretary, the Attorney 
     General, at the request of the Secretary, shall recover the 
     amount of the civil penalty (plus interest at prevailing 
     rates from the day the assessment or order, or both, are 
     final) or enforce the order in an action brought in the 
     appropriate district court of the United States. In such 
     action, the validity and appropriateness of the penalty or 
     order or the amount of the penalty shall not be subject to 
     review.

     ``SEC. 4404. PREEMPTION.

       ``Nothing in this part is intended to preempt any provision 
     of law of a State or political subdivision of a State that is 
     more restrictive than a provision of this part.''.

              TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES

     SEC. 501. EDUCATIONAL OPPORTUNITY INITIATIVES.

       The heading for title V (20 U.S.C. 7201 et seq.) is amended 
     to read as follows:

           ``TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES''.

                      PART A--TECHNOLOGY EDUCATION

     SEC. 511. TECHNOLOGY EDUCATION.

       Part A of title V (20 U.S.C. 7201 et seq.) is amended to 
     read as follows:

                     ``PART A--TECHNOLOGY EDUCATION

     ``SEC. 5111. STATEMENT OF PURPOSE.

       ``To help all students develop technical and higher-order 
     thinking skills and to achieve challenging State academic 
     content and performance standards, as well as America's 
     Education Goals, it is the purpose of this part to--
       ``(1) help provide all classrooms with access to 
     educational technology through support for the acquisition of 
     advanced multimedia computers, Internet connections, and 
     other technologies;
       ``(2) help ensure access to, and the effective use of, 
     educational technology in all classrooms through the 
     provision of sustained and intensive, high quality 
     professional development that improves the ability of 
     teachers and principals to integrate educational technology 
     effectively into the classroom by actively engaging students, 
     teachers, paraprofessionals, media specialists, principals 
     and superintendents in the use of technology;

[[Page 6150]]

       ``(3) help improve the capability of teachers and other 
     appropriate school personnel to design and construct new 
     learning experiences using technology, and actively engage 
     students in the design and construction;
       ``(4) support efforts by State Educational Agencies and 
     local educational agencies to create learning environments 
     designed to prepare students to achieve challenging State 
     academic content and performance standard through the use of 
     research based teaching practices and advanced technologies;
       ``(5) support the provision of technical assistance to 
     State educational agencies, local educational agencies, and 
     communities to help such agencies and communities use 
     technology-based resources and information systems to support 
     school reform and meet the needs of students, teachers and 
     other school personnel;
       ``(6) support partnerships among business and industry and 
     the education community to realize more rapidly the potential 
     of digital communication to expand the scope of, and 
     opportunities for learning;
       ``(7) support evaluation and research on the effective use 
     of technology in preparing all students to achieve 
     challenging State academic content and performance standards, 
     and the impact of technology on teaching and learning;
       ``(8) encourage collaborative relationships among the State 
     agency for higher education, the State library administrative 
     agency, the State telecommunications agency, and the State 
     educational agency, in the area of technology support to 
     strengthen the system of education to ensure that technology 
     is accessible to, and usable by, all students;
       ``(9) assist every student in crossing the digital divide 
     by ensuring that every child is computer literate by the time 
     the child finishes 8th grade, regardless of the child's race, 
     ethnicity, gender, income, geography, or disability; and
       ``(10) support the development and use of education 
     technology to enhance and facilitate meaningful parental 
     involvement to improve student learning.

     ``SEC. 5112. DEFINITIONS.

       ``In this title:
       ``(1) Adult education.--The term `adult education' has the 
     same meaning given such term by section 203 of the Adult 
     Education and Family Literacy Act.
       ``(2) All students.--The term `all students' means students 
     from a broad range of backgrounds and circumstances, 
     including disadvantaged students, students with diverse 
     racial, ethnic, and cultural backgrounds, students with 
     disabilities, students with limited English proficiency, 
     students who have dropped out of school, and academically 
     talented students.
       ``(3) Information infrastructure.--The term `information 
     infrastructure' means a network of communication systems 
     designed to exchange information among all citizens and 
     residents of the United States.
       ``(4) Instructional programming.--The term `instructional 
     programming' means the full range of audio and video data, 
     text, graphics, or additional state-of-the-art 
     communications, including multimedia based resources 
     distributed through interactive, command and control, or 
     passive methods for the purpose of education and instruction.
       ``(5) Interoperable and interoperability.--The terms 
     `interoperable' and `interoperability' mean the ability to 
     exchange easily data with, and connect to, other hardware and 
     software in order to provide the greatest accessibility for 
     all students and other users.
       ``(6) Office.--The term `Office' means the Office of 
     Educational Technology.
       ``(7) Public telecommunications entity.--The term `public 
     telecommunications entity' has the same meaning given to such 
     term by section 397(12) of the Communications Act of 1934.
       ``(8) Regional educational laboratory.--The term `regional 
     educational laboratory' means a regional educational 
     laboratory supported under section 941(h) of the Educational, 
     Research, Development, Dissemination, and Improvement Act of 
     1994.
       ``(9) State educational agency.--The term `State 
     educational agency' includes the Bureau of Indian Affairs for 
     purposes of serving schools funded by the Bureau of Indian 
     Affairs in accordance with this part.
       ``(10) State library administrative agency.--The term 
     `State library administrative agency' has the same meaning 
     given to such term in section 3 of the Library Services and 
     Technology Act.
       ``(11) Technology.--The term `technology' means state-of-
     the-art technology products and services, such as closed 
     circuit television systems, educational television and radio 
     programs and services, cable television, satellite, copper 
     and fiber optic transmission, computer hardware and software, 
     video and audio laser and CD-ROM discs, video and audio 
     tapes, web-based learning resources including online classes, 
     interactive tutorials, and interactive tools and virtual 
     environments for problem solving, hand-held devices, wireless 
     technologies, voice recognition systems, and high quality 
     digital video, distance learning networks, visualization, 
     modeling and simulation software and learning focused digital 
     libraries and information retrieval systems.

     ``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated $815,000,000 for fiscal year 
     2001 and such sums as may be necessary for each of the 4 
     succeeding fiscal years to carry out subparts 1, 2, and 3, of 
     which--
       ``(1) with respect to subparts 1 and 3--
       ``(A) $5,000,000 shall be available to carry out subpart 1 
     (National Programs for Technology in Education) for fiscal 
     year 2001;
       ``(B) $10,000,000 shall be available to carry out subpart 3 
     (Regional Technical Support and Professional Development) for 
     fiscal year 2001; and
       ``(C) for each of fiscal years 2002 through 2005, not to 
     exceed 2.5 percent of the total amount appropriated under 
     this subsection for each such fiscal year shall be available 
     to carry out such subparts; and
       ``(2) of any funds remaining for a fiscal year after 
     amounts are made available under paragraph (1)--
       ``(A) except as provided in subsection (b), 70 percent of 
     such funds shall be available for carrying out section 5132; 
     and
       ``(B) 30 percent of such funds shall be available for 
     carrying out national activities including section 5136.
       ``(b) Special Rule.--The amount made available under 
     subsection (a)(2)(A) for a fiscal year shall in no case be 
     less than the amount made available to carry out section 5132 
     in fiscal year 2000.

     ``SEC. 5114. LIMITATION ON COSTS.

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

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

     ``SEC. 5121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

       ``(a) In General.--The Secretary shall update, publish, and 
     broadly disseminate not later than 12 months after the date 
     of the enactment of this title, and update when the Secretary 
     determines appropriate, the national long-range plan that 
     supports the overall national technology policy and carries 
     out the purposes of this part.
       ``(b) Plan Requirements.--The Secretary shall--
       ``(1) update the national long-range plan in consultation 
     with other Federal departments or agencies, State and local 
     education practitioners and policymakers including teachers, 
     principals and superintendents, experts in technology and the 
     applications of technology to education, representatives of 
     distance learning consortia, representatives of 
     telecommunications partnerships receiving assistance under 
     the Star Schools Act, and providers of technology services 
     and products;
       ``(2) transmit such plan to the President and to the 
     appropriate committees of the Congress; and
       ``(3) publish such plan in a form that is readily 
     accessible to the public.
       ``(c) Contents of the Plan.--The updated national long-
     range plan shall describe the Secretary's activities to 
     promote the purposes of this title, including--
       ``(1) how the Secretary will encourage the effective use of 
     technology to provide all students the opportunity to achieve 
     challenging State content standards and State student 
     performance standards, especially through programs 
     administered by the Department;
       ``(2) joint activities in support of the overall national 
     technology policy with other Federal departments or agencies, 
     such as the Office of Science and Technology Policy, the 
     National Endowment for the Humanities, the National Endowment 
     for the Arts, the National Institute for Literacy, the 
     National Aeronautics and Space Administration, the National 
     Science Foundation, the Bureau of Indian Affairs, and the 
     Departments of Commerce, Energy, Health and Human Services, 
     and Labor--
       ``(A) to promote the use of technology in education, 
     training, and lifelong learning, including plans for the 
     educational uses of a national information infrastructure; 
     and
       ``(B) to ensure that the policies and programs of such 
     departments or agencies facilitate the use of technology for 
     educational purposes, to the extent feasible;
       ``(3) how the Secretary will work with educators, State and 
     local educational agencies, and appropriate representatives 
     of the private sector to facilitate the effective use of 
     technology in education;
       ``(4) how the Secretary will promote--
       ``(A) higher achievement of all students through the 
     integration of technology into the curriculum;
       ``(B) increased access to the benefits of technology for 
     teaching and learning for schools with a high number or 
     percentage of children from low-income families;
       ``(C) the use of technology to assist in the implementation 
     of State systemic reform strategies;
       ``(D) the application of technological advances to use in 
     education;
       ``(E) increased access to high quality adult and family 
     education services through the use of technology for 
     instruction and professional development;
       ``(F) increased opportunities for the professional 
     development of teachers and other school leaders in the use 
     of new technologies;
       ``(G) increasing the use of educational technology to 
     provide professional development opportunities for teachers 
     and school leaders; and
       ``(H) increased parental involvement in schools through the 
     use of technology;
       ``(5) how the Secretary will determine, in consultation 
     with appropriate individuals, organizations, industries, and 
     agencies, the feasibility and desirability of establishing 
     guidelines to facilitate an easy exchange of data and 
     effective use of technology in education;
       ``(6) how the Secretary will promote the exchange of 
     information among States, local educational agencies, 
     schools, consortia, and other

[[Page 6151]]

     entities concerning the effective use of technology in 
     education;
       ``(7) how the Secretary will promote the full integration 
     of technology into learning, including the creation of new 
     instructional opportunities through access to challenging 
     courses and information that would otherwise not have been 
     available, and independent learning opportunities for 
     students through technology;
       ``(8) how the Secretary will encourage the creation of 
     opportunities for teachers to develop through the use of 
     technology, their own networks and resources for sustained 
     and intensive, high quality professional development;
       ``(9) how the Secretary will utilize the outcomes of the 
     evaluation undertaken pursuant to section 5123 to promote the 
     purposes of this part; and
       ``(10) the Secretary's long-range measurable goals and 
     objectives relating to the purposes of this part.

     ``SEC. 5122. FEDERAL LEADERSHIP.

       ``(a) Program Authorized.--In order to provide Federal 
     leadership in promoting the use of technology in education, 
     the Secretary, in consultation with the National Science 
     Foundation, the Department of Commerce, the White House 
     Office of Science and Technology, and other appropriate 
     Federal agencies, may carry out activities designed to 
     achieve the purposes of this part directly or by awarding 
     grants or contracts competitively and pursuant to a peer 
     review process to, or entering into contracts with, State 
     educational agencies, local educational agencies, 
     institutions of higher education, or other public and private 
     nonprofit or for-profit agencies and organizations.
       ``(b) Assistance.--
       ``(1) In general.--The Secretary shall provide assistance 
     to the States to enable such States to plan effectively for 
     the use of technology in all schools throughout the State.
       ``(2) Other federal agencies.--For the purpose of carrying 
     out coordinated or joint activities consistent with the 
     purposes of this part, the Secretary may accept funds from, 
     and transfer funds to, other Federal agencies.
       ``(c) Uses of Funds.--The Secretary shall use funds made 
     available to carry out this section for activities designed 
     to carry out the purpose of this part, to include 1 or more 
     of the following activities--
       ``(1) providing assistance to technical assistance 
     providers to enable such providers to improve substantially 
     the services such providers offer to educators, including 
     principals and superintendents, regarding the uses of 
     technology for education, including professional development;
       ``(2) providing development grants to technical assistance 
     providers, to enable such providers to improve substantially 
     the services such providers offer to educators, including 
     principals and superintendents, on the educational uses of 
     technology, including professional development;
       ``(3) consulting with representatives of industry, 
     elementary and secondary education, higher education, adult 
     and family education, and appropriate experts in technology 
     and educational applications of technology in carrying out 
     activities under this subpart;
       ``(4) research on, and the development of, applications for 
     education of the most advanced and newly emerging 
     technologies, including high quality video, voice recognition 
     devices, modeling and simulation software (particularly web-
     based software and intelligent tutoring), hand held devices, 
     and wireless technologies, which research shall be 
     coordinated, when appropriate, with the Office of Educational 
     Research and Improvement, and other Federal agencies;
       ``(5) the development, demonstration, and evaluation of the 
     educational aspects of high performance computing and 
     communications technologies and of the national information 
     infrastructure, in providing professional development for 
     teachers, school librarians, school media specialists, other 
     educators, and other appropriate school personnel; enriching 
     academic curricula for elementary and secondary schools; 
     facilitating communications among schools, local educational 
     agencies, libraries, parents, and local communities and in 
     other such areas as the Secretary deems appropriate;
       ``(6) the development, demonstration, and evaluation of 
     applications of technology and innovative tools in preschool 
     education, elementary and secondary education, training and 
     lifelong learning, and professional development of 
     educational personnel;
       ``(7) increasing and improving opportunities for 
     professional development for teachers, principals, 
     superintendents and pupil service personnel through 
     technology;
       ``(8) the evaluation of software and other products, 
     including multimedia television programming, that incorporate 
     advances in technology and help achieve America's Education 
     Goals, State content standards and State student performance 
     standards;
       ``(9) the development, demonstration, and evaluation of 
     model strategies for preparing teachers and other personnel 
     to use technology effectively to improve teaching and 
     learning;
       ``(10) the development of model programs that demonstrate 
     the educational effectiveness of technology in urban and 
     rural areas and economically distressed communities;
       ``(11) research on, and the evaluation of, the 
     effectiveness and benefits of technology in education by 
     making available such research and the results of such 
     evaluation in a national repository as providing for its use 
     for sustained and intensive high quality professional 
     development;
       ``(12) a biennial assessment of, and report to the public 
     regarding, the availability of uses of technology in 
     elementary and secondary education throughout the United 
     States upon which private businesses and Federal, State, 
     tribal, and local governments may rely for decisionmaking 
     about the need for, and provision of, appropriate 
     technologies in schools, which assessment and report shall 
     use, to the extent possible, existing information and 
     resources;
       ``(13) conferences on, and dissemination of information 
     regarding, the uses of technology in education;
       ``(14) the development of model strategies to promote 
     gender equity concerning access to, and the use of, 
     technology in the classroom;
       ``(15) encouraging collaboration between the Department and 
     other Federal agencies in the development, implementation, 
     evaluation and funding of applications of technology for 
     education, as appropriate;
       ``(16) the development of model programs, mentoring, or 
     other programs that may include partnerships with a business, 
     an industry, or an institution of higher education, that 
     encourages students, including young women, to pursue 
     demanding careers and higher education degrees in 
     mathematics, science, engineering and technology;
       ``(17) the conduct of long-term controlled studies on the 
     effectiveness of the use of educational technology and the 
     conduct of evaluations and applied reach studies that examine 
     how students learn using technology and the characteristics 
     of classrooms and other educational settings that use 
     education technology effectively;
       ``(18) the development, demonstration, and evaluation of 
     model technology programs designed to improve parental 
     involvement; and
       ``(19) such other activities as the Secretary determines 
     will meet the purposes of this subpart.
       ``(d) Non-Federal Share.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary may require any recipient of a grant or contract 
     under this section to share in the cost of the activities 
     assisted under such grant or contract, which non-Federal 
     share shall be announced through a notice in the Federal 
     Register and may be in the form of cash or in-kind 
     contributions, fairly valued.
       ``(2) Increase.--The Secretary may increase the non-Federal 
     share that is required of a recipient of a grant or contract 
     under this section after the first year such recipient 
     receives funds under such grant or contract.
       ``(3) Maximum.--The non-Federal share required under this 
     section shall not exceed 50 percent of the cost of the 
     activities assisted pursuant to a grant or contract under 
     this section.

 ``Subpart 2--State and Local Programs for School Technology Resources

     ``SEC. 5131. ALLOTMENT AND REALLOTMENT.

       ``(a) Allotment.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State educational agency shall be eligible to receive a 
     grant under this subpart for a fiscal year in an amount which 
     bears the same relationship to the amount made available 
     under section 5113(a)(3)(A) for such year as the amount such 
     State received under part A of title I for such year bears to 
     the amount received for such year under such part by all 
     States.
       ``(2) Minimum.--No State educational agency shall be 
     eligible to receive a grant under paragraph (1) in any fiscal 
     year in an amount which is less than one-half of 1 percent of 
     the amount made available under section 5113(a)(3)(A) for 
     such year.
       ``(3) Outlying areas.--The Secretary shall reserve an 
     amount equal to one-half of 1 percent of the amount made 
     available to carry out section 5132 for each fiscal year to 
     provide grants to outlying areas in amounts that are based on 
     the relative needs of such areas as determined by the 
     Secretary in accordance with the purposes of section 5132.
       ``(b) Reallotment of Unused Funds.--
       ``(1) In general.--The amount of any State educational 
     agency's allotment under subsection (a) for any fiscal year 
     which the State educational agency determines will not be 
     required for such fiscal year to carry out this subpart shall 
     be available for reallotment from time to time, on such dates 
     during such year as the Secretary may determine, to other 
     State educational agencies in proportion to the original 
     allotments to such State educational agencies under 
     subsection (a) for such year.
       ``(2) Other reallotments.--The total of reductions under 
     paragraph (1) shall be similarly reallotted among the State 
     educational agencies whose proportionate amounts were not so 
     reduced. Any amounts reallotted to a State educational agency 
     under this subsection during a year shall be deemed a subpart 
     of such agencies allotment under subsection (a) for such 
     year.

     ``SEC. 5132. TECHNOLOGY LITERACY FUND.

       ``(a) Grants to States.--
       ``(1) In general.--From amounts made available under 
     section 5131, the Secretary, through the Office of 
     Educational Technology, shall award grants to State 
     educational agencies having applications approved under 
     section 5133.
       ``(2) Use of grants.--
       ``(A) In general.--Each State educational agency receiving 
     a grant under paragraph (1) shall use such grant funds to 
     award grants, on a competitive basis, to local educational 
     agencies to enable such local educational agencies to carry 
     out the activities described in section 5134.
       ``(B) Size, scope and duration.--In awarding grants under 
     subparagraph (A), each State educational agency shall ensure 
     that each such grant is of sufficient duration, and of 
     sufficient size, scope, and quality, to carry out the 
     purposes of this part effectively.

[[Page 6152]]

       ``(b) Technical Assistance.--Each State educational agency 
     receiving a grant under paragraph (1) shall--
       ``(1) identify the local educational agencies served by the 
     State educational agency that--
       ``(A) have the highest number or percentage of children in 
     poverty; and
       ``(B) demonstrate to such State educational agency the 
     greatest need for technical assistance in developing the 
     application under section 5133; and
       ``(2) offer such technical assistance to such local 
     educational agencies.

     ``SEC. 5133. STATE APPLICATION.

       ``To receive funds under this subpart, each State 
     educational agency shall submit a statewide educational 
     technology plan which may include plans submitted under 
     statewide technology plans which meet the requirements of 
     this section. Such application shall be submitted to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require. 
     Each such application shall contain a systemic statewide plan 
     that--
       ``(1) outlines long-term strategies for financing 
     technology education in the State and describes how business, 
     industry, and other public and private agencies, including 
     libraries, library literacy programs, and institutions of 
     higher education, can participate in the implementation, 
     ongoing planning, and support of the plan;
       ``(2) meets such other criteria as the Secretary may 
     establish in order to enable such agency to provide 
     assistance to local educational agencies that have the 
     highest numbers or percentages of children in poverty and 
     demonstrate the greatest need for technology, in order to 
     enable such local educational agencies, for the benefit of 
     school sites served by such local educational agencies, to 
     carry out activities such as--
       ``(A) purchasing quality technology resources;
       ``(B) installing various linkages necessary to acquire 
     connectivity;
       ``(C) integrating technology into the curriculum in order 
     to improve student learning and achievement;
       ``(D) providing teachers, library media personnel, 
     principals and superintendents with training or access to 
     training;
       ``(E) providing administrative and technical support and 
     services that improve student learning through enriched 
     technology-enhanced resources, including library media 
     resources;
       ``(F) promoting in individual schools the sharing, 
     distribution, and application of educational technologies 
     with demonstrated effectiveness;
       ``(G) assisting schools in promoting parent involvement;
       ``(H) assisting the community in providing literacy-related 
     services;
       ``(I) establishing partnerships with private or public 
     educational providers or other entities to serve the needs of 
     children in poverty; and
       ``(J) providing assurances that financial assistance 
     provided under this part shall supplement, not supplant, 
     State and local funds;
       ``(3) the State educational agency's specific goals for 
     using advanced technologies to improve student achievement 
     and student performance to challenging State academic content 
     and performance standards by--
       ``(A) using web-based resources and telecommunications 
     networks to provide challenging content and improve classroom 
     instruction;
       ``(B) using research-based teaching practices and models of 
     effective uses of advanced technology to promote basic skills 
     in core academic areas and higher-order thinking skills in 
     all students; and
       ``(C) promoting sustained and intensive high-quality 
     professional development that increases teacher capacity to 
     enable students to learn challenging State content and 
     performance standards and develop higher-order thinking 
     skills through the integration of technology into 
     instruction; and
       ``(4) the State educational agency's strategy for 
     disseminating information.

     ``SEC. 5134. LOCAL USES OF FUNDS.

       ``Each local educational agency, to the extent possible, 
     shall use the funds made available under section 5132(a)(2) 
     for--
       ``(1) adapting or expanding existing and new applications 
     of technology to enable teachers to help students to achieve 
     to challenging State academic content and student performance 
     standards through the use of research-based teaching 
     practices and advanced technologies;
       ``(2) funding projects of sufficient size and scope to 
     improve student learning and, as appropriate, support 
     professional development, and provide administrative support;
       ``(3) acquiring connectivity linkages, resources, and 
     services, including the acquisition of hardware and software, 
     for use by teachers, students and school library media 
     personnel in the classroom or in school library media 
     centers, in order to improve student learning by supporting 
     the instructional program offered by such agency to ensure 
     that students in schools will have meaningful access on a 
     regular basis to such linkages, resources and services;
       ``(4) providing sustained and intensive, high-quality 
     professional development in the integration of advanced 
     technologies into curriculum and in using those technologies 
     to create new learning environments, including training in 
     the use of technology to access data and resources to develop 
     curricula and instructional materials that are aligned to the 
     challenging State academic content standards in core academic 
     subjects;
       ``(5) acquiring connectivity with wide area networks for 
     purposes of accessing information and educational programming 
     sources, particularly with institutions of higher education 
     and public libraries;
       ``(6) providing educational services for adults and 
     families;
       ``(7) carrying out programs that prepare prospective 
     teachers to use advanced technology to foster learning 
     environments conducive to preparing all students to achieve 
     challenging State and local content and student performance 
     standards through the use of a variety of models including 
     school-based professional development;
       ``(8) supporting in-school and school-community 
     collaboration to make more effective and efficient use of 
     existing investments in technology;
       ``(9) utilizing technology to develop or expand efforts to 
     connect schools and teachers with parents to promote 
     meaningful parental involvement and foster increased 
     communication about curriculum, assignments and assessments;
       ``(10) providing support to help parents understand the 
     technology being applied in their children's education so 
     that parents will be able to reinforce their children's 
     learning;
       ``(11) using web-based learning resources, including those 
     that provide access to challenging courses; and
       ``(12) providing education technology for advanced 
     placement instruction.

     ``SEC. 5135. LOCAL APPLICATIONS.

       ``Each local educational agency desiring assistance from a 
     State educational agency under section 5132(a)(2) shall 
     submit an application, consistent with the objectives of the 
     systemic statewide plan, to the State educational agency at 
     such time, in such manner and accompanied by such information 
     as the State educational agency may reasonably require. Such 
     application, at a minimum, shall--
       ``(1) include a strategic, long-range (3- to 5-year), plan 
     that includes--
       ``(A) a description of the type of technologies to be 
     acquired, including specific provisions for interoperability 
     among components of such technologies and, to the extent 
     practicable, with existing technologies;
       ``(B) an explanation of how the acquired technologies will 
     be integrated into the curriculum to help the local 
     educational agency enhance teaching, training, and student 
     achievement;
       ``(C) an explanation of how programs will be developed in 
     collaboration with existing adult literacy services providers 
     to maximize the use of such technologies;
       ``(D)(i) a description of how the local educational agency 
     will ensure ongoing, sustained professional development for 
     teachers, principals, superintendents, appropriate school 
     personnel, and school library media personnel served by the 
     local educational agency to further the use of technology in 
     the classroom or library media center;
       ``(ii) a list of the source or sources of ongoing training 
     and technical assistance available to schools, teachers, 
     principals, superintendents, other appropriate school 
     personnel and library media personnel served by the local 
     educational agency, such as State technology offices, 
     intermediate educational support units, regional educational 
     laboratories or institutions of higher education; and
       ``(iii) a description of how parents will be informed of 
     the use of technologies so that the parents will be able to 
     reinforce at home the instruction their children receive at 
     school;
       ``(E) a description of the supporting resources, such as 
     services, software and print resources, which will be 
     acquired to ensure successful and effective use of 
     technologies acquired under this section;
       ``(F) the projected timetable for implementing such plan in 
     schools;
       ``(G) the projected cost of technologies to be acquired and 
     related expenses needed to implement such plan; and
       ``(H) a description of how the local educational agency 
     will coordinate the technology provided pursuant to this 
     subpart with other grant funds available for technology from 
     other Federal, State and local sources;
       ``(2) describe how the local educational agency will 
     involve parents, public libraries, business leaders and 
     community leaders in the development of such plan;
       ``(3) describe how the acquired instructionally based 
     technologies will help the local educational agency--
       ``(A) promote equity in education in order to support State 
     content standards and State student performance standards 
     that may be developed;
       ``(B) provide access for teachers, other appropriate school 
     personnel, parents and students to the best teaching 
     practices and curriculum resources through technology; and
       ``(C) improve parental involvement in schools;
       ``(4) describe a process for the ongoing evaluation of how 
     technologies acquired under this section--
       ``(A) will be integrated into the school curriculum; and
       ``(B) will affect student achievement and progress toward 
     meeting America's Education Goals and any challenging State 
     content standards and State student performance standards 
     that may be developed;
       ``(5) describe how the consortia will develop or redesign 
     teacher preparation programs to enable prospective teachers 
     to use technology effectively in their classroom, if 
     applicable to the consortia; and
       ``(6) describe how the local educational agency will 
     effectively use technology to promote parental involvement 
     and increase communication with parents.

[[Page 6153]]

       ``(d) Formation of Consortia.--A local educational agency 
     for any fiscal year may apply for financial assistance as 
     part of a consortium with other local educational agencies, 
     institutions of higher education, intermediate educational 
     units, libraries, or other educational entities appropriate 
     to provide local programs. The State educational agency may 
     assist in the formation of consortia among local educational 
     agencies, providers of educational services for adults and 
     families, institutions of higher education, intermediate 
     educational units, libraries, or other appropriate 
     educational entities to provide services for the teachers and 
     students in a local educational agency at the request of such 
     local educational agency.
       ``(e) Coordination of Application Requirements.--If a local 
     educational agency submitting an application for assistance 
     under this section has developed a comprehensive education 
     improvement plan, in conjunction with requirements under this 
     Act, the State educational agency may approve such plan, or a 
     component of such plan, notwithstanding the requirements of 
     subsection (d) if the State educational agency determines 
     that such approval would further the purposes of this 
     subpart.

     ``SEC. 5136. NATIONAL TECHNOLOGY INNOVATION GRANTS.

       ``(a) Grants Authorized.--
       ``(1) In general.--From amounts made available under 
     section 5113(a)(3)(B) for any fiscal year the Secretary is 
     authorized to award grants, on a competitive basis, to 
     consortia having applications approved under subsection (d), 
     which consortia shall include at least 1 local educational 
     agency with a high percentage or number of children living 
     below the poverty line and may include other local 
     educational agencies, State educational agencies, 
     institutions of higher education, businesses, academic 
     content experts, software designers, museums, libraries, or 
     other appropriate entities.
       ``(2) Duration.--Grants under this section shall be awarded 
     for a period of 5 years.
       ``(3) Continuation grants.--The Secretary may award 
     continuation grants under this section, where applicable, to 
     entities receiving grants under the Preparing Tomorrows 
     Teachers to Use Technology Program.
       ``(b) Use of Grants.--Grants awarded under subsection (a) 
     shall be used for activities described in section 5134.
       ``(c) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to consortia which demonstrate 
     in the application submitted under subsection (d) that--
       ``(1) the project for which assistance is sought is 
     designed to serve areas with a high number or percentage of 
     disadvantaged students or the greatest need for educational 
     technology;
       ``(2) the project will directly benefit students by, for 
     example, integrating the acquired technologies into 
     curriculum to help the local educational agency enhance 
     teaching, training, and student achievement;
       ``(3) the project will ensure ongoing, sustained 
     professional development for teachers, principals, 
     superintendents, other appropriate school personnel, and 
     school library media personnel served by the local 
     educational agency to further the use of technology in the 
     classroom or library media center including the preservice 
     education of prospective teachers in the use of educational 
     technology if 1 of the members of the consortia is an 
     institution of higher education that prepares teachers for 
     their initial entry into teaching;
       ``(4) the project will ensure successful, effective, and 
     sustainable use of technologies acquired under this 
     subsection;
       ``(5) members of the consortia or other appropriate 
     entities will contribute substantial financial and other 
     resources to achieve the goals of the project;
       ``(6) the project will enhance parental involvement by 
     providing parents the information needed to more fully 
     participate in their child's learning; and
       ``(7) the project will use education technology for 
     advanced placement instruction.
       ``(d) Application.--
       ``(1) In general.--Each consortium desiring a grant under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       ``(2) Fiscal agents.--Any member of a consortium may serve 
     as the fiscal agent of the consortium for purposes of this 
     subpart, so long as the lead local educational agency agrees 
     to permit such member to serve as the fiscal agent.

     ``SEC. 5137. FEDERAL ADMINISTRATION.

       ``(a) Evaluation Procedures.--The Secretary shall develop 
     procedures for State and local evaluations of the programs 
     under this subpart.
       ``(b) Specific Evaluations.--The Secretary shall submit to 
     the Congress by not later than 3 years after the date of 
     enactment of this title an evaluation of State and local 
     outcomes of the technology literacy challenge funds program 
     and of the technology innovations challenge grant program.
       ``(c) Evaluation Summary.--The Secretary shall submit to 
     the Congress by not later than 2 years after the date of 
     enactment of this title a summary of the State evaluations of 
     programs under this subpart in accordance with the provisions 
     of section 10201.

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

     ``SEC. 5141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL 
                   DEVELOPMENT.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary, through the Office of 
     Educational Technology, shall make grants in accordance with 
     the provisions of this section, to regional entities such as 
     the Eisenhower Mathematics and Science Regional Consortia, 
     the regional education laboratories, the comprehensive 
     regional assistance centers, or such other regional entities 
     as may be designated or established by the Secretary. In 
     awarding grants under this section, the Secretary shall 
     ensure that each geographic region of the United States shall 
     be served by such a consortium.
       ``(2) Requirements.--Each consortium receiving a grant 
     under this section shall--
       ``(A) be composed of State educational agencies, 
     institutions of higher education, nonprofit organizations, or 
     a combination thereof;
       ``(B) in cooperation with State and local educational 
     agencies, develop a regional program that addresses 
     professional development, technical assistance, and 
     information resource dissemination, with special emphasis on 
     meeting the documented needs of educators and learners in the 
     region; and
       ``(C) foster regional cooperation and resource and 
     coursework sharing.
       ``(b) Functions.--
       ``(1) Technical assistance.--Each consortium receiving a 
     grant under this section shall, to the extent practicable--
       ``(A) collaborate with State educational agencies and local 
     educational agencies requesting collaboration, particularly 
     in the development of strategies for assisting those schools 
     with the highest numbers or percentages of disadvantaged 
     students with little or no access to technology in the 
     classroom;
       ``(B) provide information, in coordination with information 
     available from the Secretary, to State educational agencies, 
     local educational agencies, schools and adult education 
     programs, on the types and features of various educational 
     technology equipment and software available, evaluate and 
     make recommendations on equipment and software that support 
     America's Education Goals and are suited for a school's 
     particular needs, and compile and share information regarding 
     creative and effective applications of technology in the 
     classroom and school library media centers in order to 
     support the purposes of this part;
       ``(C) collaborate with such State educational agencies, 
     local educational agencies, or schools requesting to 
     participate in the tailoring of software programs and other 
     supporting materials to meet challenging State content 
     standards or challenging State student performance standards 
     that may be developed; and
       ``(D) provide technical assistance to facilitate use of the 
     electronic dissemination networks by State and local 
     educational agencies and schools throughout the region.
       ``(2) Professional development.--Each consortium receiving 
     a grant under this section shall, to the extent practicable--
       ``(A) develop and implement, in collaboration with State 
     educational agencies and institutions of higher education, 
     technology-specific, ongoing professional development, such 
     as--
       ``(i) intensive school year and summer workshops that use 
     teachers, school librarians, and school library personnel to 
     train other teachers, school librarians, and other school 
     library media personnel; and
       ``(ii) distance professional development, including--

       ``(I) interactive training tele-courses using researchers, 
     educators, and telecommunications personnel who have 
     experience in developing, implementing, or operating 
     educational and instructional technology as a learning tool;
       ``(II) onsite courses teaching teachers to use educational 
     and instructional technology and to develop their own 
     instructional materials for effectively incorporating 
     technology and programming in their own classrooms;
       ``(III) methods for successful integration of instructional 
     technology into the curriculum in order to improve student 
     learning and achievement;
       ``(IV) video conferences and seminars which offer 
     professional development through peer interaction with 
     experts as well as other teachers using technologies in their 
     classrooms; and
       ``(V) mobile education technology and training resources;

       ``(B) develop training resources that--
       ``(i) are relevant to the needs of the region and schools 
     within the region;
       ``(ii) are relevant to the needs of adult literacy staff 
     and volunteers, including onsite courses on how to--

       ``(I) use instructional technology; and
       ``(II) develop instructional materials for adult learning; 
     and

       ``(iii) are aligned with the needs of teachers and 
     administrators in the region;
       ``(C) establish a repository of professional development 
     and technical assistance resources;
       ``(D) identify and link technical assistance providers to 
     State and local educational agencies, as needed;
       ``(E) ensure that training, professional development, and 
     technical assistance meet the needs of educators, parents, 
     and students served by the region;
       ``(F) assist colleges and universities within the region to 
     develop and implement preservice training programs for 
     students enrolled in teacher education programs; and
       ``(G) assist local educational agencies and schools in 
     working with community members and parents to develop support 
     from communities and parents for educational technology 
     programs and projects.
       ``(3) Information and resource dissemination.--Each 
     consortium receiving a grant under this section shall, to the 
     extent practicable--

[[Page 6154]]

       ``(A) assist State and local educational agencies in the 
     identification and procurement of financial, technological 
     and human resources needed to implement technology plans;
       ``(B) provide outreach and, at the request of a State or 
     local educational agency, work with such agency to assist in 
     the development and validation of instructionally based 
     technology education resources; and
       ``(C) coordinate activities and establish partnerships with 
     organizations and institutions of higher education that 
     represent the interests of the region as such interests 
     pertain to the application of technology in teaching, 
     learning, instructional management, dissemination, collection 
     and distribution of educational statistics, and the transfer 
     of student information.
       ``(4) Coordination.--Each consortium receiving a grant 
     under this section shall work collaboratively, and coordinate 
     the services the consortium provides, with appropriate 
     regional and other entities assisted in whole or in part by 
     the Department.
       ``(c) Reports on Current Grantees.--Not later than 3 months 
     after the date of enactment of this title, entities receiving 
     grants under section 3141 of this Act (as such section 
     existed 1 day prior to the date of enactment of this title) 
     shall prepare and submit to the Secretary a report concerning 
     activities undertaken with amounts received under such 
     grants.''.

            PART B--WOMEN'S EDUCATIONAL EQUITY; STAR SCHOOLS

     SEC. 521. WOMEN'S EDUCATIONAL EQUITY.

       (a) Amendments.--Part B of title V (20 U.S.C. 7231 et seq.) 
     is amended--
       (1) by amending section 5201 (20 U.S.C. 7231) to read as 
     follows:

     ``SEC. 5201. SHORT TITLE.

       ``This part may be cited as the `Women's Educational Equity 
     Act of 1999'.'';
       (2) in section 5202(3) (20 U.S.C. 7232(3))--
       (A) strike ``sex,'' and insert ``sex and''; and
       (B) by inserting ``socioeconomic status,'' after 
     ``disability,'';
       (3) in section 5203(b) (20 U.S.C. 7233(b))--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``years, to'' and inserting ``years'';
       (ii) in subparagraph (A), by striking ``provide grants''; 
     and
       (iii) in subparagraph (B), by striking ``provide funds''; 
     and
       (B) in paragraph (2)(A)--
       (i) in clause (v), by striking ``and on race'' and 
     inserting ``and race'';
       (ii) in clause (xiii)(I), by striking ``institution'' and 
     inserting ``institutional'';
       (iii) in clause (xiii)(II)--

       (I) by striking ``of equity'' and inserting ``of gender 
     equity''; and
       (II) by striking ``education;'' and inserting 
     ``education,''; and

       (iv) in clause (xiii)(III), by striking the period and 
     inserting ``for women and girls; and''; and
       (C) in paragraph (2)(B)(viii), by striking ``and 
     unemployed'' and inserting ``women, unemployed'';
       (4) in section 5204 (20 U.S.C. 7234)--
       (A) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``Each entity desiring assistance under this part shall 
     submit to the Secretary an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may require. Each application shall--'';
       (B) in paragraph (2), by striking ``the National Education 
     Goals'' and inserting ``America's Education Goals'';
       (C) by striking paragraph (4); and
       (D) by redesignating paragraphs (5) through (7) as 
     paragraphs (4) through (6), respectively;
       (5) in section 5205 (20 U.S.C. 7235)--
       (A) in subsection (a)--
       (i) by striking ``Criteria and Priorities.--'' and all that 
     follows through ``The'' in paragraph (1) and inserting the 
     following: ``Criteria and Priorities.--The''; and
       (ii) in paragraph (2)--

       (I) by redesignating such paragraph as subsection (b), and 
     realigning the margin accordingly; and
       (II) by redesignating subparagraphs (A) through (D) as 
     paragraphs (1) through (4), respectively, and realigning the 
     margins accordingly;

       (B) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively;
       (C) in subsection (c) (as so redesignated)--
       (i) in the matter preceding paragraph (1), by striking 
     ``special consideration'' and inserting ``priority''; and
       (ii) by amending paragraph (3)(E) to read as follows:
       ``(E) address the educational needs of women and girls who 
     suffer multiple forms of discrimination on the basis of sex 
     and on race, ethnic origin, limited English proficiency, 
     disability, socioeconomic status, or age.''; and
       (D) in subsection (e)(1) (as so redesignated), by striking 
     ``by the Office'' and inserting ``by such Office'';
       (6) in section 5206 (20 U.S.C. 7236), by striking ``1999'' 
     and inserting ``2004'';
       (7) in section 5207 (20 U.S.C. 7237), by striking 
     subsection (a) and inserting the following:
       ``(a) Evaluation and Dissemination.--The Secretary shall--
       ``(1) evaluate in accordance with section 10201, materials 
     and programs developed under this part;
       ``(2) disseminate materials and programs developed under 
     this part; and
       ``(3) report to the Congress regarding such evaluation 
     materials and programs not later than January 1, 2004.''; and
       (8) in section 5208 (20 U.S.C. 7238)--
       (A) by striking ``1995'' and inserting ``2001''; and
       (B) by striking ``, of which'' and all that follows through 
     ``section 5203(b)(1)''.
       (b) Transfer and Redesignation.--Part B of title V (20 
     U.S.C. 7201 et seq.), as amended by subsection (a), is 
     transferred so as to appear after part D of title V (as 
     transferred by section 541(b)) and redesignated as part E.
       (c) Redesignation of Sections.--Sections 5201 through 5208 
     (20 U.S.C. 7231-7238) are redesignated as section 5501 
     through 5508, respectively.
       (d) Conforming Amendments.--Part E of title V (as so 
     redesignated) is amended--
       (1) in section 5504 (as so redesignated), by striking 
     ``5203(b)(1)'' each place that such appears and inserting 
     ``5503(b)(1)'';
       (2) in section 5505(a) (as so redesignated), by striking 
     ``5203(b)'' and inserting ``5503(b)''; and
       (3) in section 5508 (as so redesignated), by striking 
     ``5203(b)(1)'' and inserting ``5503(b)(1)''.

     SEC. 522. STAR SCHOOLS.

       Title V (20 U.S.C. 7231 et seq.) is amended by inserting 
     after part A (as amended by section 511) the following:

                     ``PART B--STAR SCHOOLS PROGRAM

     ``SEC. 5201. SHORT TITLE.

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

     ``SEC. 5202. PURPOSE.

       ``It is the purpose of this part to encourage improved 
     instruction in mathematics, science, and foreign languages 
     and challenging and advanced courses as well as other 
     subjects, such as literacy skills and vocational education, 
     and to serve underserved populations, including the 
     disadvantaged, illiterate, limited-English proficient, and 
     individuals with disabilities, through a star schools program 
     under which grants are made to eligible telecommunication 
     partnerships to enable such partnerships to--
       ``(1) develop, construct, acquire, maintain and operate 
     telecommunications facilities and equipment;
       ``(2) develop and acquire educational and instructional 
     programming; and
       ``(3) obtain technical assistance for the use of such 
     facilities and instructional programming.

     ``SEC. 5203. GRANTS AUTHORIZED.

       ``(a) Authority.--The Secretary, through the Office of 
     Educational Technology, is authorized to make grants, in 
     accordance with the provisions of this part, to eligible 
     entities to pay the Federal share of the cost of--
       ``(1) the development, construction, acquisition, 
     maintenance and operation of telecommunications facilities 
     and equipment;
       ``(2) the development and acquisition of interactive 
     instructional programming;
       ``(3) the development and acquisition of preservice and 
     inservice teacher training programs based on established 
     research regarding teacher-to-teacher mentoring, effective 
     skill transfer, and ongoing, in-class instruction;
       ``(4) the establishment of web-based resources or 
     teleconferencing facilities and resources for making 
     interactive training available to teachers;
       ``(5) obtaining technical assistance; and
       ``(6) the coordination of the design and connectivity of 
     broadband and other telecommunications networks to reach the 
     greatest number of schools.
       ``(b) Duration.--
       ``(1) In general.--The Secretary shall award grants 
     pursuant to subsection (a) for a period of 5 years.
       ``(2) Renewal.--Grants awarded pursuant to subsection (a) 
     may be renewed for 1 additional 3-year period.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $50,000,000 for fiscal year 2001, and such sums as may be 
     necessary for each of the four succeeding fiscal years, to 
     carry out this part.
       ``(2) Availability.--Funds appropriated pursuant to the 
     authority of subsection (a) shall remain available until 
     expended.
       ``(d) Limitations.--
       ``(1) In general.--A grant under this section shall not 
     exceed--
       ``(A) five years in duration; and
       ``(B) $10,000,000 in any 1 fiscal year.
       ``(2) Instructional programming.--Not less than 25 percent 
     of the funds available to the Secretary in any fiscal year 
     under this part shall be used for the cost of instructional 
     programming.
       ``(3) Special rule.--Not less than 50 percent of the funds 
     available in any fiscal year under this part shall be used 
     for the cost of facilities, equipment, teacher training or 
     retraining, technical assistance, or programming, for local 
     educational agencies which are eligible to receive assistance 
     under part A of title I.
       ``(e) Federal Share.--
       ``(1) In general.--The Federal share of the cost of 
     projects funded under this section shall not exceed--
       ``(A) 75 percent for the first and second years for which 
     an eligible telecommunications partnership receives a grant 
     under this part;
       ``(B) 60 percent for the third and fourth such years; and
       ``(C) 50 percent for the fifth such year.
       ``(2) Reduction or waiver.--The Secretary may reduce or 
     waive the requirement of the non-Federal share under 
     paragraph (1) upon a showing of financial hardship.
       ``(f) Authority To Accept Funds From Other Agencies.--The 
     Secretary is authorized to accept funds from other Federal 
     departments

[[Page 6155]]

     or agencies to carry out the purposes of this section, 
     including funds for the purchase of equipment.
       ``(g) Coordination.--The Department, the National Science 
     Foundation, the Department of Agriculture, the Department of 
     Commerce, and any other Federal department or agency 
     operating a telecommunications network for educational 
     purposes, shall coordinate the activities assisted under this 
     part with the activities of such department or agency 
     relating to a telecommunications network for educational 
     purposes.
       ``(h) Closed Captioning and Descriptive Video.--Each entity 
     receiving funds under this part is encouraged to provide--
       ``(1) closed captioning of the verbal content of such 
     program, where appropriate, to be broadcast by way of line 21 
     of the vertical blanking interval, or by way of comparable 
     successor technologies; and
       ``(2) descriptive video of the visual content of such 
     program, as appropriate.
       ``(i) Advanced Placement Instruction.--Each eligible entity 
     receiving funds under this part is encouraged to deliver 
     advanced placement instruction to underserved communities.

     ``SEC. 5204. ELIGIBLE ENTITIES.

       ``(a) Eligible Entities.--
       ``(1) Required participation.--The Secretary may make a 
     grant under section 5203 to any eligible entity, if at least 
     1 local educational agency is participating in the proposed 
     project.
       ``(2) Eligible entity.--For the purpose of this part, the 
     term `eligible entity' may include--
       ``(A) a public agency or corporation established for the 
     purpose of developing and operating telecommunications 
     networks to enhance educational opportunities provided by 
     educational institutions, teacher training centers, and other 
     entities, except that any such agency or corporation shall 
     represent the interests of elementary and secondary schools 
     that are eligible to participate in the program under part A 
     of title I; or
       ``(B) a partnership that will provide telecommunications 
     services and which includes 3 or more of the following 
     entities, at least 1 of which shall be an agency described in 
     clause (i) or (ii):
       ``(i) a local educational agency that serves a significant 
     number of elementary and secondary schools that are eligible 
     for assistance under part A of title I, or elementary and 
     secondary schools operated or funded for Indian children by 
     the Department of the Interior eligible under section 
     1121(b)(2);
       ``(ii) a State educational agency;
       ``(iii) adult and family education programs;
       ``(iv) an institution of higher education or a State higher 
     education agency;
       ``(v) a teacher training center or academy that--

       ``(I) provides teacher pre-service and in-service training; 
     and
       ``(II) receives Federal financial assistance or has been 
     approved by a State agency;

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

     ``SEC. 5205. APPLICATIONS.

       ``(a) Applications Required.--Each eligible entity which 
     desires to receive a grant under section 5203 shall submit an 
     application to the Secretary, at such time, in such manner, 
     and containing or accompanied by such information as the 
     Secretary may reasonably require.
       ``(b) Star School Award Applications.--Each application 
     submitted pursuant to subsection (a) shall--
       ``(1) describe how the proposed project will assist in 
     achieving America's Education Goals, how such project will 
     assist all students to have an opportunity to learn to 
     challenging State and local standards, how such project will 
     assist State and local educational reform efforts, and how 
     such project will contribute to creating a high quality 
     system of lifelong learning;
       ``(2) describe the telecommunications facilities and 
     equipment and technical assistance for which assistance is 
     sought, which may include--
       ``(A) the design, development, construction, acquisition, 
     maintenance and operation of State or multistate educational 
     telecommunications networks and technology resource centers;
       ``(B) microwave, fiber optics, cable, and satellite 
     transmission equipment or any combination thereof;
       ``(C) reception facilities and equipment;
       ``(D) satellite time and other transmissions;
       ``(E) production facilities and equipment;
       ``(F) other Internet education portals and 
     telecommunications equipment capable of serving a wide 
     geographic area;
       ``(G) the provision of training services to instructors who 
     will be using the facilities and equipment for which 
     assistance is sought, including training in using such 
     facilities and equipment and training in integrating programs 
     into the classroom curriculum; and
       ``(H) the development of educational and related 
     programming for use on a telecommunications network;
       ``(3) in the case of an application for assistance for 
     instructional programming, describe the types of programming 
     which will be developed to enhance instruction and training 
     and provide assurances that such programming will be designed 
     in consultation with professionals (including classroom 
     teachers) who are experts in the applicable subject matter 
     and grade level;
       ``(4) describe how the eligible entity has engaged in 
     sufficient survey and analysis of the area to be served to 
     ensure that the services offered by the eligible entity will 
     increase the availability of courses of instruction in 
     English, mathematics, science, foreign languages, arts, 
     history, geography, or other disciplines;
       ``(5) describe the professional development policies for 
     teachers and other school personnel to be implemented to 
     ensure the effective use of the telecommunications facilities 
     and equipment for which assistance is sought;
       ``(6) describe the manner in which historically underserved 
     students (such as students from low-income families, limited 
     English proficient students, students with disabilities, or 
     students who have low literacy skills) and their families, 
     will participate in the benefits of the telecommunications 
     facilities, equipment, technical assistance, and programming 
     assisted under this part;
       ``(7) describe how existing telecommunications equipment, 
     facilities, and services, where available, will be used;
       ``(8) provide assurances that the financial interest of the 
     United States in the telecommunications facilities and 
     equipment will be protected for the useful life of such 
     facilities and equipment;
       ``(9) provide assurances that a significant portion of any 
     facilities and equipment, technical assistance, and 
     programming for which assistance is sought for elementary and 
     secondary schools will be made available to schools or local 
     educational agencies that have a high number or percentage of 
     children eligible to be counted under part A of title I;
       ``(10) provide assurances that the applicant will use the 
     funds provided under this part to supplement and not supplant 
     funds otherwise available for the purposes of this part;
       ``(11) if any member of the consortia receives assistance 
     under subpart 3 of part A, describe how funds received under 
     this part will be coordinated with funds received for 
     educational technology in the classroom under such section;
       ``(12) describe the activities or services for which 
     assistance is sought, such as--
       ``(A) providing facilities, equipment, training services, 
     and technical assistance;
       ``(B) making programs accessible to students with 
     disabilities through mechanisms such as closed captioning and 
     descriptive video services;
       ``(C) linking networks around issues of national importance 
     (such as elections) or to provide information about 
     employment opportunities, job training, or student and other 
     social service programs;
       ``(D) sharing curriculum resources between networks and 
     development of program guides which demonstrate cooperative, 
     cross-network listing of programs for specific curriculum 
     areas;
       ``(E) providing teacher and student support services 
     including classroom and training support materials which 
     permit student and teacher involvement in the live 
     interactive distance learning telecasts;
       ``(F) incorporating community resources such as libraries 
     and museums into instructional programs;
       ``(G) providing professional development for teachers, 
     including, as appropriate, training to early childhood 
     development and Head Start teachers and staff and vocational 
     education teachers and staff, and adult and family educators;
       ``(H) providing programs for adults to maximize the use of 
     telecommunications facilities and equipment;
       ``(I) providing teacher training on proposed or established 
     voluntary national content standards in mathematics and 
     science and other disciplines as such standards are 
     developed; and
       ``(J) providing parent education programs during and after 
     the regular school day which reinforce a student's course of 
     study and actively involve parents in the learning process;
       ``(13) describe how the proposed project as a whole will be 
     financed and how arrangements for future financing will be 
     developed before the project expires;
       ``(14) provide an assurance that a significant portion of 
     any facilities, equipment, technical assistance, and 
     programming for which assistance is sought for elementary and 
     secondary schools will be made available to schools in local 
     educational agencies that have a high percentage of children 
     counted for the purpose of part A of title I;
       ``(15) provide an assurance that the applicant will provide 
     such information and cooperate in any evaluation that the 
     Secretary may conduct under this part; and
       ``(16) include such additional assurances as the Secretary 
     may reasonably require.
       ``(c) Priorities.--The Secretary, in approving applications 
     for grants authorized under section 5203, shall give priority 
     to applications describing projects that--
       ``(1) propose high-quality plans to assist in achieving 1 
     or more of America's Education Goals, will provide 
     instruction consistent with State content standards, or will 
     otherwise provide significant and specific assistance to 
     States and local educational agencies undertaking systemic 
     education reform;
       ``(2) will provide services to programs serving adults, 
     especially parents, with low levels of literacy;
       ``(3) will serve schools with significant numbers of 
     children counted for the purposes of part A of title I;

[[Page 6156]]

       ``(4) ensure that the eligible entity will--
       ``(A) serve the broadest range of institutions, programs 
     providing instruction outside of the school setting, programs 
     serving adults, especially parents, with low levels of 
     literacy, institutions of higher education, teacher training 
     centers, research institutes, and private industry;
       ``(B) have substantial academic and teaching capabilities, 
     including the capability of training, retraining, and 
     inservice upgrading of teaching skills and the capability to 
     provide professional development;
       ``(C) provide a comprehensive range of courses for 
     educators to teach instructional strategies for students with 
     different skill levels;
       ``(D) provide training to participating educators in ways 
     to integrate telecommunications courses into existing school 
     curriculum;
       ``(E) provide instruction for students, teachers, and 
     parents;
       ``(F) serve a multistate area; and
       ``(G) give priority to the provision of equipment and 
     linkages to isolated areas; and
       ``(5) involve a telecommunications entity (such as a 
     satellite, cable, telephone, computer, or public or private 
     television stations) participating in the eligible entity and 
     donating equipment or in-kind services for telecommunications 
     linkages.
       ``(d) Geographic Distribution.--In approving applications 
     for grants authorized under section 5203, the Secretary 
     shall, to the extent feasible, ensure an equitable geographic 
     distribution of services provided under this part.

     ``SEC. 5206. DEFINITIONS.

       ``In this part:
       ``(1) Educational institution.--The term `educational 
     institution' means an institution of higher education, a 
     local educational agency, or a State educational agency.
       ``(2) Instructional programming.--The term `instructional 
     programming' means courses of instruction and training 
     courses for elementary and secondary students, teachers, and 
     others, and materials for use in such instruction and 
     training that have been prepared in audio and visual form on 
     either analog or digital format and are presented by means of 
     telecommunications devices.
       ``(3) Term public broadcasting entity.--The term `public 
     broadcasting entity' has the same meaning given such term in 
     section 397 of the Communications Act of 1934.

     ``SEC. 5207. ADMINISTRATIVE PROVISIONS.

       ``(a) Continuing Eligibility.--
       ``(1) In general.--In order to be eligible to receive a 
     grant under section 5203 for a second 3-year grant period an 
     eligible entity shall demonstrate in the application 
     submitted pursuant to section 5205 that such partnership 
     shall--
       ``(A) continue to provide services in the subject areas and 
     geographic areas assisted with funds received under this part 
     for the previous 5-year grant period; and
       ``(B) use all grant funds received under this part for the 
     second 3-year grant period to provide expanded services by--
       ``(i) increasing the number of students, schools or school 
     districts served by the courses of instruction assisted under 
     this part in the previous fiscal year;
       ``(ii) providing new courses of instruction; and
       ``(iii) serving new populations of underserved individuals, 
     such as children or adults who are disadvantaged, have 
     limited-English proficiency, are individuals with 
     disabilities, are illiterate, or lack secondary school 
     diplomas or their recognized equivalent.
       ``(2) Special rule.--Grant funds received pursuant to 
     paragraph (1) shall be used to supplement and not supplant 
     services provided by the grant recipient under this part in 
     the previous fiscal year.
       ``(b) Federal Activities.--The Secretary may assist grant 
     recipients under section 5203 in acquiring satellite time and 
     other transmissions technologies, where appropriate, as 
     economically as possible.

     ``SEC. 5208. OTHER ASSISTANCE.

       ``(a) Special Statewide Network.--
       ``(1) In general.--The Secretary, through the Office of 
     Educational Technology, may provide assistance to a statewide 
     fiber optics telecommunications network under this subsection 
     if such network--
       ``(A) provides 2-way full motion interactive video and 
     voice communications via Internet, cable and other 
     technologies;
       ``(B) links together public colleges and universities and 
     schools throughout the State; and
       ``(C) includes such additional assurances as the Secretary 
     may reasonably require.
       ``(2) State contribution.--A statewide telecommunications 
     network assisted under paragraph (1) shall contribute, either 
     directly or through private contributions, non-Federal funds 
     equal to not less than 50 percent of the cost of such 
     network.
       ``(b) Special Local Network.--
       ``(1) In general.--The Secretary may provide assistance, on 
     a competitive basis, to a local educational agency or 
     consortium thereof to enable such agency or consortium to 
     establish a high technology demonstration program.
       ``(2) Program requirements.--A high technology 
     demonstration program assisted under paragraph (1) shall--
       ``(A) include 2-way full motion interactive video, data and 
     voice communications;
       ``(B) link together elementary and secondary schools, 
     colleges, and universities;
       ``(C) provide parent participation and family programs;
       ``(D) include a staff development program; and
       ``(E) have a significant contribution and participation 
     from business and industry.
       ``(3) Special rule.--Each high technology demonstration 
     program assisted under paragraph (1) shall be of sufficient 
     size and scope to have an effect on meeting America's 
     Education Goals.
       ``(4) Matching requirement.--A local educational agency or 
     consortium receiving a grant under paragraph (1) shall 
     provide, either directly or through private contributions, 
     non-Federal matching funds equal to not less than 50 percent 
     of the amount of the grant.
       ``(c) Telecommunications Programs for Continuing 
     Education.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible entities to 
     enable such partnerships to develop and operate 1 or more 
     programs which provide on-line access to educational 
     resources in support of continuing education and curriculum 
     requirements relevant to achieving a secondary school diploma 
     or its recognized equivalent. The program authorized by this 
     section shall be designed to advance adult literacy, 
     secondary school completion and the acquisition of specified 
     competency by the end of the 12th grade.
       ``(2) Application.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary. Each such application shall--
       ``(A) demonstrate that the applicant will use publicly 
     funded or free public telecommunications infrastructure to 
     deliver video, voice and data in an integrated service to 
     support and assist in the acquisition of a secondary school 
     diploma or its recognized equivalent;
       ``(B) assure that the content of the materials to be 
     delivered is consistent with the accreditation requirements 
     of the State for which such materials are used;
       ``(C) incorporate, to the extent feasible, materials 
     developed in the Federal departments and agencies and under 
     appropriate federally funded projects and programs;
       ``(D) assure that the applicant has the technological and 
     substantive experience to carry out the program; and
       ``(E) contain such additional assurances as the Secretary 
     may reasonably require.''.

                   PART C--MAGNET SCHOOLS ASSISTANCE

     SEC. 531. MAGNET SCHOOLS ASSISTANCE.

       Part C of title V (20 U.S.C. 7261 et seq.) is amended to 
     read as follows:

                  ``PART C--MAGNET SCHOOLS ASSISTANCE

     ``SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) Magnet schools are a significant part of our Nation's 
     effort to achieve voluntary desegregation of our Nation's 
     schools.
       ``(2) It is in the national interest to continue the 
     Federal Government's support of school districts that are 
     implementing court-ordered desegregation plans and school 
     districts that are voluntarily seeking to foster meaningful 
     interaction among students of different racial and ethnic 
     backgrounds.
       ``(3) Desegregation can help ensure that all students have 
     equitable access to high-quality education that will prepare 
     them to function well in a technologically oriented and 
     highly competitive society comprised of people from many 
     different racial and ethnic backgrounds.
       ``(4) It is in the national interest to desegregate and 
     diversify those schools in our Nation that are racially, 
     economically, linguistically, or ethnically segregated. Such 
     segregation exists between minority and non-minority students 
     as well as among students of different minority groups.
       ``(b) Statement of Purpose.--The purpose of this part is to 
     assist in the desegregation of schools served by local 
     educational agencies by providing financial assistance to 
     eligible local educational agencies for--
       ``(1) the elimination, reduction, or prevention of minority 
     group isolation in elementary schools and secondary schools 
     with substantial proportions of minority students which shall 
     assist in the efforts of the United States to achieve 
     voluntary desegregation in public schools;
       ``(2) the development and implementation of magnet school 
     projects that will assist local educational agencies in 
     achieving systemic reforms and providing all students the 
     opportunity to meet challenging State and local content 
     standards and challenging State and local student performance 
     standards;
       ``(3) the development and design of innovative educational 
     methods and practices;
       ``(4) courses of instruction within magnet schools that 
     will substantially strengthen the knowledge of academic 
     subjects and the grasp of tangible and marketable vocational, 
     technological and career skills of students attending such 
     schools;
       ``(5) improving the capacity of local educational agencies, 
     including through professional development, to continue 
     operating magnet schools at a high performance level after 
     Federal funding is terminated; and
       ``(6) ensuring that all students enrolled in the magnet 
     school program have equitable access to high quality 
     education that will enable the students to succeed 
     academically and continue with post secondary education or 
     productive employment.

     ``SEC. 5302. PROGRAM AUTHORIZED.

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

[[Page 6157]]

     purpose of this part for magnet schools that are--
       ``(1) part of an approved desegregation plan; and
       ``(2) designed to bring students from different social, 
     economic, ethnic, and racial backgrounds together.

     ``SEC. 5303. DEFINITION.

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

     ``SEC. 5304. ELIGIBILITY.

       ``A local educational agency, or consortium of such 
     agencies where appropriate, is eligible to receive assistance 
     under this part to carry out the purposes of this part if 
     such agency or consortium--
       ``(1) is implementing a plan undertaken pursuant to a final 
     order issued by a court of the United States, or a court of 
     any State, or any other State agency or official of competent 
     jurisdiction, that requires the desegregation of minority-
     group-segregated children or faculty in the elementary 
     schools and secondary schools of such agency; or
       ``(2) without having been required to do so, has adopted 
     and is implementing, or will, if assistance is made available 
     to such local educational agency or consortium of such 
     agencies under this part, adopt and implement a plan that has 
     been approved by the Secretary as adequate under title VI of 
     the Civil Rights Act of 1964 for the desegregation of 
     minority-group-segregated children or faculty in such 
     schools.

     ``SEC. 5305. APPLICATIONS AND REQUIREMENTS.

       ``(a) Applications.--An eligible local educational agency 
     or consortium of such agencies desiring to receive assistance 
     under this part shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     and assurances as the Secretary may reasonably require.
       ``(b) Information and Assurances.--Each such application 
     shall include--
       ``(1) a description of--
       ``(A) how assistance made available under this part will be 
     used to promote desegregation, including how the proposed 
     magnet school project will increase interaction among 
     students of different social, economic, ethnic, and racial 
     backgrounds;
       ``(B) the manner and extent to which the magnet school 
     project will increase student achievement in the 
     instructional area or areas offered by the school;
       ``(C) how an applicant will continue the magnet school 
     project after assistance under this part is no longer 
     available, including, if applicable, an explanation of why 
     magnet schools established or supported by the applicant with 
     funds under this part cannot be continued without the use of 
     funds under this part;
       ``(D) how funds under this part will be used to implement 
     services and activities that are consistent with other 
     programs under this Act, and other Acts, as appropriate, in 
     accordance with the provisions of section 6506; and
       ``(E) the criteria to be used in selecting students to 
     attend the proposed magnet school project; and
       ``(2) assurances that the applicant will--
       ``(A) use funds under this part for the purposes specified 
     in section 5301(b);
       ``(B) employ State certified or licensed teachers in the 
     courses of instruction assisted under this part to teach or 
     supervise others who are teaching the subject matter of the 
     courses of instruction;
       ``(C) not engage in discrimination based on race, religion, 
     color, national origin, sex, or disability in--
       ``(i) the hiring, promotion, or assignment of employees of 
     the agency or other personnel for whom the agency has any 
     administrative responsibility;
       ``(ii) the assignment of students to schools, or to courses 
     of instruction within the school, of such agency, except to 
     carry out the approved plan; and
       ``(iii) designing or operating extracurricular activities 
     for students;
       ``(D) carry out a high-quality education program that will 
     encourage greater parental decisionmaking and involvement; 
     and
       ``(E) give students residing in the local attendance area 
     of the proposed magnet school project equitable consideration 
     for placement in the project, consistent with desegregation 
     guidelines and the capacity of the project to accommodate 
     these students.
       ``(c) Special Rule.--No application may be approved under 
     this section unless the Assistant Secretary of Education for 
     Civil Rights determines that the assurances described in 
     subsection (b)(2)(C) will be met.

     ``SEC. 5306. PRIORITY.

       ``In approving applications under this part, the Secretary 
     shall give priority to applicants that--
       ``(1) demonstrate the greatest need for assistance, based 
     on the expense or difficulty of effectively carrying out an 
     approved desegregation plan and the projects for which 
     assistance is sought;
       ``(2) propose to carry out new magnet school projects, or 
     significantly revise existing magnet school projects;
       ``(3) propose to select students to attend magnet school 
     projects by methods such as lottery, rather than through 
     academic examination;
       ``(4) propose to implement innovative educational 
     approaches that are consistent with the State and local 
     content and student performance standards; and
       ``(5) propose activities, which may include professional 
     development, that will build local capacity to operate the 
     magnet school program once Federal assistance has terminated.

     ``SEC. 5307. USE OF FUNDS.

       ``(a) In General.--Grant funds made available under this 
     part may be used by an eligible local educational agency or 
     consortium of such agencies--
       ``(1) for planning and promotional activities directly 
     related to the development, expansion, continuation, or 
     enhancement of academic programs and services offered at 
     magnet schools;
       ``(2) for the acquisition of books, materials, and 
     equipment, including computers and the maintenance and 
     operation thereof, necessary for the conduct of programs in 
     magnet schools;
       ``(3) for the payment, or subsidization of the 
     compensation, of elementary school and secondary school 
     teachers who are certified or licensed by the State, and 
     instructional staff where applicable, who are necessary for 
     the conduct of programs in magnet schools;
       ``(4) with respect to a magnet school program offered to 
     less than the entire student population of a school, for 
     instructional activities that--
       ``(A) are designed to make available the special curriculum 
     that is offered by the magnet school project to students who 
     are enrolled in the school but who are not enrolled in the 
     magnet school program; and
       ``(B) further the purposes of this part;
       ``(5) to include professional development, which 
     professional development shall build the agency's or 
     consortium's capacity to operate the magnet school once 
     Federal assistance has terminated;
       ``(6) to enable the local educational agency or consortium 
     to have more flexibility in the administration of a magnet 
     school program in order to serve students attending a school 
     who are not enrolled in a magnet school program; and
       ``(7) to enable the local educational agency or consortium 
     to have flexibility in designing magnet schools for students 
     at all grades.
       ``(b) Special Rule.--Grant funds under this part may be 
     used in accordance with paragraphs (2) and (3) of subsection 
     (a) only if the activities described in such paragraphs are 
     directly related to improving the students' reading skills or 
     knowledge of mathematics, science, history, geography, 
     English, foreign languages, art, or music, or to improving 
     vocational, technological and career skills.

     ``SEC. 5308. PROHIBITION.

       Grants under this part may not be used for transportation 
     or any activity that does not augment academic improvement.

     ``SEC. 5309. LIMITATIONS.

       ``(a) Duration of Awards.--A grant under this part shall be 
     awarded for a period that shall not exceed three fiscal 
     years.
       ``(b) Limitation on Planning Funds.--A local educational 
     agency may expend for planning (professional development 
     shall not be considered as planning for purposes of this 
     subsection) not more than 50 percent of the funds received 
     under this part for the first year of the project, 25 percent 
     of such funds for the second such year, and 15 percent of 
     such funds for the third such year.
       ``(c) Amount.--No local educational agency or consortium 
     awarded a grant under this part shall receive more than 
     $4,000,000 under this part in any one fiscal year.
       ``(d) Timing.--To the extent practicable, the Secretary 
     shall award grants for any fiscal year under this part not 
     later than June 1 of the applicable fiscal year.

     ``SEC. 5310. INNOVATIVE PROGRAMS.

       ``(a) In General.--From amounts reserved under subsection 
     (d) for each fiscal year, the Secretary shall award grants to 
     local educational agencies or consortia of such agencies 
     described in section 5304 to enable such agencies or 
     consortia to conduct innovative programs that--
       ``(1) involve innovative strategies other than magnet 
     schools, such as neighborhood or community model schools, to 
     support desegregation of schools and to reduce achievement 
     gaps;
       ``(2) assist in achieving systemic reforms and providing 
     all students the opportunity to meet challenging State and 
     local content standards and challenging State and local 
     student performance standards; and
       ``(3) include innovative educational methods and practices 
     that--
       ``(A) are organized around a special emphasis, theme, or 
     concept; and
       ``(B) involve extensive parent and community involvement.
       ``(b) Applicability.--Sections 5301(b), 5302, 5305, 5306, 
     and 5307, shall not apply to grants awarded under subsection 
     (a).
       ``(c) Applications.--Each local educational agency or 
     consortia of such agencies desiring a grant under this 
     section shall submit an application to the Secretary at such 
     time, in such manner, and containing such information and 
     assurances as the Secretary may reasonably require.
       ``(d) Innovative Programs.--The Secretary shall reserve not 
     more than 5 percent of the funds appropriated under section 
     5312(a) for each fiscal year to award grants under this 
     section.

     ``SEC. 5311. EVALUATIONS.

       ``(a) Reservation.--The Secretary may reserve not more than 
     two percent of the funds appropriated under section 5312(a) 
     for any fiscal year to carry out evaluations of projects 
     assisted

[[Page 6158]]

     under this part and to provide technical assistance for grant 
     recipients under this part.
       ``(b) Contents.--Each evaluation described in subsection 
     (a), at a minimum, shall address--
       ``(1) how and the extent to which magnet school programs 
     lead to educational quality and improvement;
       ``(2) the extent to which magnet school programs enhance 
     student access to quality education;
       ``(3) the extent to which magnet school programs lead to 
     the elimination, reduction, or prevention of minority group 
     isolation in elementary schools and secondary schools with 
     substantial proportions of minority students;
       ``(4) the extent to which magnet school programs differ 
     from other school programs in terms of the organizational 
     characteristics and resource allocations of such magnet 
     school programs; and
       ``(5) the extent to which magnet school programs continue 
     once grant assistance under this part is terminated.
       ``(c) Dissemination.--The Secretary shall collect and 
     disseminate to the general public information on successful 
     magnet school programs.

     ``SEC. 5312. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

       ``(a) Authorization.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $125,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.
       ``(b) Availability of Funds for Grants to Agencies Not 
     Previously Assisted.--In any fiscal year for which the amount 
     appropriated pursuant to subsection (a) exceeds $75,000,000, 
     the Secretary shall give priority to using such amounts in 
     excess of $75,000,000 to award grants to local educational 
     agencies or consortia of such agencies that did not receive a 
     grant under this part in the preceding fiscal year.''.

                     PART D--PUBLIC CHARTER SCHOOLS

     SEC. 541. PUBLIC CHARTER SCHOOLS.

       (a) Reauthorization.--Part C of title X (20 U.S.C. 8061 et 
     seq.) is amended--
       (1) in section 10301 (20 U.S.C. 8061)--
       (A) by striking subsection (a); and
       (B) by striking ``(b) Purpose.--''; and
       (2) in section 10311 (20 U.S.C. 8067), by striking 
     ``$100,000,000 for fiscal year 1999'' and inserting 
     ``$175,000,000 for fiscal year 2001''.
       (b) Transfer, Redesignation, Conforming Amendments.--Part C 
     of title X (20 U.S.C. 8061 et seq.) is amended--
       (1) by transferring such part so as to appear after part C 
     of title V;
       (2) by redesignating such part as part D;
       (3) by redesignating sections 10301 through 10311 as 
     sections 5401 through 5411, respectively;
       (4) in section 5402 (as so redesignated)--
       (A) in subsections (a) and (b), by striking ``10303'' each 
     place that such appears and inserting ``5403'';
       (B) in subsection (c)(1)(C), by striking ``10304'' and 
     inserting ``5404''; and
       (C) in subsection (e)(1), by striking ``10311'' each place 
     that such appears and inserting ``5411'';
       (5) in section 5403 (as so redesignated)--
       (A) in subsections (b)(3)(M) and (c), by striking ``10302'' 
     each place that such appears and inserting ``5402''; and
       (B) in subsection (d)(2)(B), by striking ``10304'' and 
     inserting ``5404'';
       (6) in section 5404 (as so redesignated)--
       (A) in the matter preceding paragraph (1) of subsections 
     (a) and (b), by striking ``10303'' each place that such 
     appears and inserting ``5403'';
       (B) in subsections (a)(7) and (b)(7), by striking ``10302'' 
     each place that such appears and inserting ``5402''; and
       (C) in the matter preceding paragraph (1) of subsection 
     (e), by striking ``10310'' and inserting ``5410''; and
       (7) in section 5405(a)(4)(B) (as so redesignated), by 
     striking ``10303'' and inserting ``5403''.

  PART E--CIVIC EDUCATION; FIE; ELLENDER FELLOWSHIPS; READY-TO-LEARN 
               TELEVISION; INEXPENSIVE BOOK DISTRIBUTION

     SEC. 551. CIVIC EDUCATION; FIE; ELLENDER FELLOWSHIPS; READY-
                   TO-LEARN TELEVISION; INEXPENSIVE BOOK 
                   DISTRIBUTION.

       Title V (20 U.S.C. 7201 et seq.) is amended by adding at 
     the end the following:

                       ``PART F--CIVIC EDUCATION

     ``SEC. 5601. SHORT TITLE.

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

     ``SEC. 5602. THE STUDY OF THE DECLARATION OF INDEPENDENCE, 
                   UNITED STATES CONSTITUTION, AND THE FEDERALIST 
                   PAPERS.

       ``It is the sense of Congress that--
       ``(1) State and local governments and local educational 
     agencies are encouraged to dedicate at least 1 day of 
     learning to the study and understanding of the significance 
     of the Declaration of Independence, the United States 
     Constitution, and the Federalist Papers; and
       ``(2) State and local governments and local educational 
     agencies are encouraged to include a requirement that, before 
     receiving a certificate or diploma of graduation from 
     secondary school, students be tested on their competency in 
     understanding the Declaration of Independence, the United 
     States Constitution, and the Federalist Papers.

     ``SEC. 5603. PURPOSE.

       ``It is the purpose of this part--
       ``(1) to improve the quality of civics and government 
     education, and to enhance the attainment of the third and 
     sixth America's Education Goals, by educating students about 
     the history and principles of the Constitution of the United 
     States, including the Bill of Rights;
       ``(2) to foster civic competence and responsibility; and
       ``(3) to improve the quality of civic education and 
     economic education through cooperative civic education and 
     economic education exchange programs with other democratic 
     nations.

     ``SEC. 5604. GENERAL AUTHORITY.

       ``The Secretary is authorized to award grants to or enter 
     into contracts with the Center for Civic Education, the 
     National Council on Economic Education, or other nonprofit 
     educational organizations to carry out this part.

     ``SEC. 5605. WE THE PEOPLE PROGRAM.

       ``(a) The Citizen and the Constitution.--
       ``(1) Education activities.--The Secretary shall award a 
     grant or enter into a contract for the Citizen and the 
     Constitution program that--
       ``(A) shall continue and expand the educational activities 
     of the `We the People . . . The Citizen and the Constitution' 
     program administered by the Center for Civic Education; and
       ``(B) shall enhance student attainment of challenging 
     content standards in civics and government.
       ``(2) Program content.--The education program authorized by 
     this section shall provide--
       ``(A) a course of instruction on the basic principles of 
     our Nation's constitutional democracy and the history of the 
     Constitution of the United States and the Bill of Rights;
       ``(B) at the request of a participating school, school and 
     community simulated congressional hearings following the 
     course of study;
       ``(C) an annual national competition of simulated 
     congressional hearings for secondary school students who wish 
     to participate in such a program;
       ``(D) advanced training of teachers about the Constitution 
     of the United States and the political system the United 
     States created;
       ``(E) materials and methods of instruction, including 
     teacher training, that utilize the latest advancements in 
     educational technology; and
       ``(F) civic education materials and services such as 
     service learning to address specific problems such as the 
     prevention of school violence and the abuse of drugs and 
     alcohol.
       ``(3) Availability of program.--The education program 
     authorized under this subsection shall be made available to 
     public and private elementary schools and secondary schools, 
     including Bureau funded schools, in the 435 congressional 
     districts, the District of Columbia, the Commonwealth of 
     Puerto Rico, the United States Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       ``(b) Project Citizen.--
       ``(1) Educational activities.--The Secretary shall award a 
     grant or enter into a contract for the Project Citizen 
     program that--
       ``(A) shall continue and expand the educational activities 
     of the `We the People . . . Project Citizen' program 
     administered by the Center for Civic Education; and
       ``(B) shall enhance student attainment of challenging 
     content standards in civics and government.
       ``(2) Program content.--The education program authorized by 
     this subsection shall provide--
       ``(A) a course of instruction at the middle school level on 
     the roles of State and local governments in the Federal 
     system established by the Constitution of the United States;
       ``(B) optional school and community simulated State 
     legislative hearings;
       ``(C) an annual national showcase or competition;
       ``(D) advanced training of teachers on the roles of State 
     and local governments in the Federal system established by 
     the Constitution;
       ``(E) materials and methods of instruction, including 
     teacher training, that utilize the latest advancements in 
     educational technology; and
       ``(F) civic education materials and services to address 
     specific problems such as the prevention of school violence 
     and the abuse of drugs and alcohol.
       ``(3) Availability of program.--The education program 
     authorized under this subsection shall be made available to 
     public and private middle schools, including Bureau funded 
     schools, in the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       ``(c) Definition of Bureau Funded School.--In this section 
     the term `Bureau funded school' has the meaning given the 
     term in section 1146 of the Education Amendments of 1978.

     ``SEC. 5606. CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE 
                   PROGRAMS.

       ``(a) Cooperative Education Exchange Programs.--The 
     Secretary, in consultation with the Secretary of State, shall 
     carry out Cooperative Education Exchange programs in 
     accordance with this section.
       ``(b) Purpose.--The purpose of the programs provided under 
     this section shall be to--
       ``(1) make available to educators from eligible countries 
     exemplary curriculum and teacher training programs in civics 
     and government education, and economics education, developed 
     in the United States;
       ``(2) assist eligible countries in the adaptation, 
     implementation, and institutionalization of such programs;
       ``(3) create and implement civics and government education, 
     and economic education, programs for United States students 
     that draw upon the experiences of the participating eligible 
     countries;

[[Page 6159]]

       ``(4) provide a means for the exchange of ideas and 
     experiences in civics and government education and economic 
     education, among political, educational, governmental, and 
     private sector leaders of participating eligible countries; 
     and
       ``(5) provide support for--
       ``(A) research and evaluation to determine the effects of 
     educational programs on students' development of the 
     knowledge, skills, and traits of character essential for the 
     preservation and improvement of constitutional democracy; and
       ``(B) effective participation in and the preservation and 
     improvement of an efficient market economy.
       ``(c) Avoidance of Duplication.--The Secretary shall 
     consult with the Secretary of State to ensure that activities 
     under this section are not duplicative of other efforts in 
     the eligible countries and that partner institutions in the 
     eligible countries are creditable.
       ``(d) Activities.--The Cooperative Education Exchange 
     programs shall--
       ``(1) provide eligible countries with--
       ``(A) seminars on the basic principles of United States 
     constitutional democracy and economics, including seminars on 
     the major governmental and economic institutions and systems 
     in the United States, and visits to such institutions;
       ``(B) visits to school systems, institutions of higher 
     education, and nonprofit organizations conducting exemplary 
     programs in civics and government education, and economic 
     education, in the United States;
       ``(C) translations and adaptations regarding United States 
     civic and government education, and economic education, 
     curricular programs for students and teachers, and in the 
     case of training programs for teachers translations and 
     adaptations into forms useful in schools in eligible 
     countries, and joint research projects in such areas;
       ``(D) research and evaluation assistance to determine--
       ``(i) the effects of the Cooperative Education Exchange 
     programs on students' development of the knowledge, skills, 
     and traits of character essential for the preservation and 
     improvement of constitutional democracy; and
       ``(ii) effective participation in and the preservation and 
     improvement of an efficient market economy;
       ``(2) provide United States participants with--
       ``(A) seminars on the histories, economies, and systems of 
     government of eligible countries;
       ``(B) visits to school systems, institutions of higher 
     education, and organizations conducting exemplary programs in 
     civics and government education, and economic education, 
     located in eligible countries;
       ``(C) assistance from educators and scholars in eligible 
     countries in the development of curricular materials on the 
     history, government, and economy of such countries that are 
     useful in United States classrooms;
       ``(D) opportunities to provide onsite demonstrations of 
     United States curricula and pedagogy for educational leaders 
     in eligible countries; and
       ``(E) research and evaluation assistance to determine--
       ``(i) the effects of the Cooperative Education Exchange 
     programs on students' development of the knowledge, skills, 
     and traits of character essential for the preservation and 
     improvement of constitutional democracy; and
       ``(ii) effective participation in and improvement of an 
     efficient market economy; and
       ``(3) assist participants from eligible countries and the 
     United States to participate in international conferences on 
     civics and government education, and economic education, for 
     educational leaders, teacher trainers, scholars in related 
     disciplines, and educational policymakers.
       ``(e) Participants.--The primary participants in the 
     Cooperative Education Exchange programs assisted under this 
     section shall be educational leaders in the areas of civics 
     and government education, and economic education, including 
     curriculum and teacher training specialists, scholars in 
     relevant disciplines, and educational policymakers, and 
     government and private sector leaders from the United States 
     and eligible countries.
       ``(f) Definition.--For the purpose of this section, the 
     term `eligible country' means a country with a democratic 
     form of government that--
       ``(1) is a Central European country, an Eastern European 
     country, Lithuania, Latvia, Estonia, Georgia, or one of the 
     independent states of the former Soviet Union as defined in 
     section 3 of the FREEDOM Support Act (22 U.S.C. 5801); and
       ``(2) may include the Republic of Ireland, the province of 
     Northern Ireland in the United Kingdom, and any developing 
     country as defined in section 209(d) of the Education for the 
     Deaf Act.

     ``SEC. 5607. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Section 5605.--There are authorized to be 
     appropriated to carry out section 5605, $10,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
       ``(b) Section 5606.--There are authorized to be 
     appropriated to carry out section 5606, $10,000,000 for 
     fiscal year 2001 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.

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

     ``SEC. 5701. FUND FOR THE IMPROVEMENT OF EDUCATION.

       ``(a) Fund Authorized.--From funds appropriated under 
     subsection (d), the Secretary is authorized to support 
     nationally significant programs and projects to improve the 
     quality of elementary and secondary education. The Secretary 
     is authorized to carry out such programs and projects 
     directly or through grants to, or contracts with, State and 
     local educational agencies, institutions of higher education, 
     and other public and private agencies, organizations, and 
     institutions.
       ``(b) Uses of Funds.--Funds under this section may be used 
     for--
       ``(1) programs under section 5702;
       ``(2) programs under section 5703;
       ``(3) programs under section 5704;
       ``(4) programs under section 5705;
       ``(5) programs under section 5706;
       ``(6) the identification and recognition of exemplary 
     schools and programs, such as Blue Ribbon Schools; and
       ``(7) the development and evaluation of model strategies 
     for professional development for teachers and administrators.
       ``(c) Awards.--
       ``(1) In general.--The Secretary may make awards under this 
     section on the basis of competitions announced by the 
     Secretary.
       ``(2) Special rule.--The Secretary shall ensure that 
     programs, projects, and activities supported under this 
     section are designed so that the effectiveness of such 
     programs, projects, and activities is readily ascertainable.
       ``(3) Peer review.--The Secretary shall use a peer review 
     process in reviewing applications for assistance under this 
     section and may use funds appropriated under subsection (d) 
     for the cost of such peer review.
       ``(d) Authorization.--For the purpose of carrying out this 
     section, there are authorized to be appropriated $100,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.

     ``SEC. 5702. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to eligible entities for the design and implementation 
     of character education programs that incorporate the elements 
     of character described in subsection (d), as well as other 
     character elements identified by the eligible entities.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State educational agency in partnership with 1 or 
     more local educational agencies;
       ``(B) a State educational agency in partnership with--
       ``(i) 1 or more local educational agencies; and
       ``(ii) 1 or more nonprofit organizations or entities, 
     including institutions of higher education;
       ``(C) a local educational agency or consortium of local 
     educational agencies; or
       ``(D) a local educational agency in partnership with 
     another nonprofit organization or entity, including 
     institutions of higher education.
       ``(3) Duration.--Each grant under this section shall be 
     awarded for a period not to exceed 3 years, of which the 
     eligible entity shall not use more than 1 year for planning 
     and program design.
       ``(b) Applications.--
       ``(1) Requirement.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       ``(2) Contents of application.--Each application submitted 
     under this section shall include--
       ``(A) a description of any partnerships or collaborative 
     efforts among the organizations and entities of the eligible 
     entity;
       ``(B) a description of the goals and objectives of the 
     program proposed by the eligible entity;
       ``(C) a description of activities that will be pursued and 
     how those activities will contribute to meeting the goals and 
     objectives described in subparagraph (B), including--
       ``(i) how parents, students, and other members of the 
     community, including members of private and nonprofit 
     organizations, will be involved in the design and 
     implementation of the program and how the eligible entity 
     will work with the larger community to increase the reach and 
     promise of the program;
       ``(ii) curriculum and instructional practices that will be 
     used or developed;
       ``(iii) methods of teacher training and parent education 
     that will be used or developed; and
       ``(iv) how the program will be linked to other efforts in 
     the schools to improve student performance;
       ``(D) in the case of an eligible entity that is a State 
     educational agency--
       ``(i) a description of how the State educational agency 
     will provide technical and professional assistance to its 
     local educational agency partners in the development and 
     implementation of character education programs; and
       ``(ii) a description of how the State educational agency 
     will assist other interested local educational agencies that 
     are not members of the original partnership in designing and 
     establishing character education programs;
       ``(E) a description of how the eligible entity will 
     evaluate the success of its program--
       ``(i) based on the goals and objectives described in 
     subparagraph (B); and
       ``(ii) in cooperation with the national evaluation 
     conducted pursuant to subsection (c)(2)(B)(iii);
       ``(F) an assurance that the eligible entity annually will 
     provide to the Secretary such information as may be required 
     to determine the effectiveness of the program; and
       ``(G) any other information that the Secretary may require.
       ``(c) Evaluation and Program Development.--

[[Page 6160]]

       ``(1) Evaluation and reporting.--
       ``(A) State and local reporting and evaluation.--Each 
     eligible entity receiving a grant under this section shall 
     submit to the Secretary a comprehensive evaluation of the 
     program assisted under this section, including the impact on 
     students, teachers, administrators, parents, and others--
       ``(i) by the second year of the program; and
       ``(ii) not later than 1 year after completion of the grant 
     period.
       ``(B) Contracts for evaluation.--Each eligible entity 
     receiving a grant under this section may contract with 
     outside sources, including institutions of higher education, 
     and private and nonprofit organizations, for purposes of 
     evaluating its program and measuring the success of the 
     program toward fostering in students the elements of 
     character described in subsection (d).
       ``(2)  National research, dissemination, and evaluation.--
       ``(A) In general.--The Secretary is authorized to make 
     grants to, or enter into contracts or cooperative agreements 
     with, State or local educational agencies, institutions of 
     higher education, tribal organizations, or other public or 
     private agencies or organizations to carry out research, 
     development, dissemination, technical assistance, and 
     evaluation activities that support or inform State and local 
     character education programs. The Secretary shall reserve not 
     more than 5 percent of the funds made available under this 
     section to carry out this paragraph.
       ``(B) Uses.--Funds made available under subparagraph (A) 
     may be used--
       ``(i) to conduct research and development activities that 
     focus on matters such as--

       ``(I) the effectiveness of instructional models for all 
     students;
       ``(II) materials and curricula that can be used by programs 
     in character education;
       ``(III) models of professional development in character 
     education; and
       ``(IV) the development of measures of effectiveness for 
     character education programs which may include the factors 
     described in paragraph (3);

       ``(ii) to provide technical assistance to State and local 
     programs, particularly on matters of program evaluation;
       ``(iii) to conduct a national evaluation of State and local 
     programs receiving funding under this section; and
       ``(iv) to compile and disseminate, through various 
     approaches (such as a national clearinghouse)--

       ``(I) information on model character education programs;
       ``(II) character education materials and curricula;
       ``(III) research findings in the area of character 
     education and character development; and
       ``(IV) any other information that will be useful to 
     character education program participants, educators, parents, 
     administrators, and others nationwide.

       ``(C) Priority.--In carrying out national activities under 
     this paragraph related to development, dissemination, and 
     technical assistance, the Secretary shall seek to enter into 
     partnerships with national, nonprofit character education 
     organizations with expertise and successful experience in 
     implementing local character education programs that have had 
     an effective impact on schools, students, including students 
     with disabilities, and teachers.
       ``(3) Factors.--Factors which may be considered in 
     evaluating the success of programs funded under this section 
     may include--
       ``(A) discipline issues;
       ``(B) student performance;
       ``(C) participation in extracurricular activities;
       ``(D) parental and community involvement;
       ``(E) faculty and administration involvement;
       ``(F) student and staff morale; and
       ``(G) overall improvements in school climate for all 
     students.
       ``(d) Elements of Character.--
       ``(1) In general.--Each eligible entity desiring funding 
     under this section shall develop character education programs 
     that incorporate the following elements of character:
       ``(A) Caring.
       ``(B) Civic virtue and citizenship.
       ``(C) Justice and fairness.
       ``(D) Respect.
       ``(E) Responsibility.
       ``(F) Trustworthiness.
       ``(G) Any other elements deemed appropriate by the members 
     of the eligible entity.
       ``(2) Additional elements of character.--An eligible entity 
     participating under this section may, after consultation with 
     schools and communities served by the eligible entity, define 
     additional elements of character that the eligible entity 
     determines to be important to the schools and communities 
     served by the eligible entity.
       ``(e) Use of Funds by State Educational Agency 
     Recipients.--Of the total funds received in any fiscal year 
     under this section by an eligible entity that is a State 
     educational agency--
       ``(1) not more than 10 percent of such funds may be used 
     for administrative purposes; and
       ``(2) the remainder of such funds may be used for--
       ``(A) collaborative initiatives with and between local 
     educational agencies and schools;
       ``(B) the preparation or purchase of materials, and teacher 
     training;
       ``(C) grants to local educational agencies or schools; and
       ``(D) technical assistance and evaluation.
       ``(f) Selection of Grantees.--
       ``(1) Criteria.--The Secretary shall select, through peer 
     review, eligible entities to receive grants under this 
     section on the basis of the quality of the applications 
     submitted under subsection (b), taking into consideration 
     such factors as--
       ``(A) the quality of the activities proposed to be 
     conducted;
       ``(B) the extent to which the program fosters in students 
     the elements of character described in subsection (d) and the 
     potential for improved student performance;
       ``(C) the extent and ongoing nature of parental, student, 
     and community involvement;
       ``(D) the quality of the plan for measuring and assessing 
     success; and
       ``(E) the likelihood that the goals of the program will be 
     realistically achieved.
       ``(2) Diversity of projects.--The Secretary shall approve 
     applications under this section in a manner that ensures, to 
     the extent practicable, that programs assisted under this 
     section--
       ``(A) serve different areas of the Nation, including urban, 
     suburban, and rural areas; and
       ``(B) serve schools that serve minorities, Native 
     Americans, students of limited-English proficiency, 
     disadvantaged students, and students with disabilities.
       ``(g) Participation by Private School Children and 
     Teachers.--Grantees under this section shall provide, to the 
     extent feasible and appropriate, for the participation of 
     students and teachers in private elementary and secondary 
     schools in programs and activities under this section.

     ``SEC. 5703. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

       ``(a) In General.--The Secretary is authorized to award a 
     grant to a nonprofit organization to reimburse such 
     organization for the costs of conducting scholar-athlete 
     games.
       ``(b) Priority.--In awarding the grant under subsection 
     (a), the Secretary shall give priority to a nonprofit 
     organization that--
       ``(1) is described in section 501(c)(3) of, and exempt from 
     taxation under section 501(a) of, the Internal Revenue Code 
     of 1986, and is affiliated with a university capable of 
     hosting a large educational, cultural, and athletic event 
     that will serve as a national model;
       ``(2) has the capability and experience in administering 
     federally funded scholar-athlete games;
       ``(3) has the ability to provide matching funds, on a 
     dollar-for-dollar basis, from foundations and the private 
     sector for the purpose of conducting a scholar-athlete 
     program;
       ``(4) has the organizational structure and capability to 
     administer a model scholar-athlete program; and
       ``(5) has the organizational structure and expertise to 
     replicate the scholar-athlete program in various venues 
     throughout the United States internationally.

     ``SEC. 5704. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.

       ``(a) Counseling Demonstration.--
       ``(1) In General.--The Secretary may award grants under 
     this section to establish or expand elementary school 
     counseling programs.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give special consideration to applications 
     describing programs that--
       ``(A) demonstrate the greatest need for new or additional 
     counseling services among the children in the elementary 
     schools served by the applicant;
       ``(B) propose the most promising and innovative approaches 
     for initiating or expanding elementary school counseling; and
       ``(C) show the greatest potential for replication and 
     dissemination.
       ``(3) Equitable distribution.--In awarding grants under 
     this section, the Secretary shall ensure an equitable 
     geographic distribution among the regions of the United 
     States and among urban, suburban, and rural areas.
       ``(4) Duration.--A grant under this section shall be 
     awarded for a period not to exceed 3 years.
       ``(5) Maximum grant.--A grant under this section shall not 
     exceed $400,000 for any fiscal year.
       ``(b) Applications.--
       ``(1) In general.--Each local educational agency desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(2) Contents.--Each application for a grant under this 
     section shall--
       ``(A) describe the elementary school population to be 
     targeted by the program, the particular personal, social, 
     emotional, educational, and career development needs of such 
     population, and the current school counseling resources 
     available for meeting such needs;
       ``(B) describe the activities, services, and training to be 
     provided by the program and the specific approaches to be 
     used to meet the needs described in subparagraph (A);
       ``(C) describe the methods to be used to evaluate the 
     outcomes and effectiveness of the program;
       ``(D) describe the collaborative efforts to be undertaken 
     with institutions of higher education, businesses, labor 
     organizations, community groups, social service agencies, and 
     other public or private entities to enhance the program and 
     promote school-linked services integration;
       ``(E) describe collaborative efforts with institutions of 
     higher education which specifically

[[Page 6161]]

     seek to enhance or improve graduate programs specializing in 
     the preparation of elementary school counselors, school 
     psychologists, and school social workers;
       ``(F) document that the applicant has the personnel 
     qualified to develop, implement, and administer the program;
       ``(G) describe how any diverse cultural populations, if 
     applicable, would be served through the program;
       ``(H) assure that the funds made available under this 
     section for any fiscal year will be used to supplement and, 
     to the extent practicable, increase the level of funds that 
     would otherwise be available from non-Federal sources for the 
     program described in the application, and in no case supplant 
     such funds from non-Federal sources; and
       ``(I) assure that the applicant will appoint an advisory 
     board composed of parents, school counselors, school 
     psychologists, school social workers, other pupil services 
     personnel, teachers, school administrators, and community 
     leaders to advise the local educational agency on the design 
     and implementation of the program.
       ``(c) Use of Funds.--
       ``(1) In general.--Grant funds under this section shall be 
     used to initiate or expand elementary school counseling 
     programs that comply with the requirements in paragraph (2).
       ``(2) Program requirements.--Each program assisted under 
     this section shall--
       ``(A) be comprehensive in addressing the personal, social, 
     emotional, and educational needs of all students;
       ``(B) use a developmental, preventive approach to 
     counseling;
       ``(C) increase the range, availability, quantity, and 
     quality of counseling services in the elementary schools of 
     the local educational agency;
       ``(D) expand counseling services only through qualified 
     school counselors, school psychologists, and school social 
     workers;
       ``(E) use innovative approaches to increase children's 
     understanding of peer and family relationships, work and 
     self, decisionmaking, academic and career planning, or to 
     improve social functioning;
       ``(F) provide counseling services that are well-balanced 
     among classroom group and small group counseling, individual 
     counseling, and consultation with parents, teachers, 
     administrators, and other pupil services personnel;
       ``(G) include inservice training for school counselors, 
     school social workers, school psychologists, other pupil 
     services personnel, teachers, and instructional staff;
       ``(H) involve parents of participating students in the 
     design, implementation, and evaluation of a counseling 
     program;
       ``(I) involve collaborative efforts with institutions of 
     higher education, businesses, labor organizations, community 
     groups, social service agencies, or other public or private 
     entities to enhance the program and promote school-linked 
     services integration; and
       ``(J) evaluate annually the effectiveness and outcomes of 
     the counseling services and activities assisted under this 
     section.
       ``(3) Report.--The Secretary shall issue a report 
     evaluating the programs assisted pursuant to each grant under 
     this subsection at the end of each grant period in accordance 
     with section 10201.
       ``(4) Dissemination.--The Secretary shall make the programs 
     assisted under this section available for dissemination, 
     either through the National Diffusion Network or other 
     appropriate means.
       ``(5) Limit on administration.--Not more than five percent 
     of the amounts made available under this section in any 
     fiscal year shall be used for administrative costs to carry 
     out this section.
       ``(d) Definitions.--For purposes of this section:
       ``(1) School counselor.--The term `school counselor' means 
     an individual who has documented competence in counseling 
     children and adolescents in a school setting and who--
       ``(A) possesses State licensure or certification granted by 
     an independent professional regulatory authority;
       ``(B) in the absence of such State licensure or 
     certification, possesses national certification in school 
     counseling or a specialty of counseling granted by an 
     independent professional organization; or
       ``(C) holds a minimum of a master's degree in school 
     counseling from a program accredited by the Council for 
     Accreditation of Counseling and Related Educational Programs 
     or the equivalent.
       ``(2) School psychologist.--The term `school psychologist' 
     means an individual who--
       ``(A) possesses a minimum of 60 graduate semester hours in 
     school psychology from an institution of higher education and 
     has completed 1,200 clock hours in a supervised school 
     psychology internship, of which 600 hours shall be in the 
     school setting;
       ``(B) possesses State licensure or certification in school 
     psychology in the State in which the individual works; or
       ``(C) in the absence of such State licensure or 
     certification, possesses national certification by the 
     National School Psychology Certification Board.
       ``(3) School social worker.--The term `school social 
     worker' means an individual who--
       ``(A)(i) holds a master's degree in social work from a 
     program accredited by the Council on Social Work Education; 
     and
       ``(ii) is licensed or certified by the State in which 
     services are provided; or
       ``(B) in the absence of such State licensure or 
     certification, possesses national certification as a school 
     social work specialist granted by an independent professional 
     organization.
       ``(4) Supervisor.--The term `supervisor' means an 
     individual who has the equivalent number of years of 
     professional experience in such individual's respective 
     discipline as is required of teaching experience for the 
     supervisor or administrative credential in the State of such 
     individual.

     ``SEC. 5705. SMALLER LEARNING COMMUNITIES.

       ``(a) Program Authorized.--
       ``(1) In general.--The Secretary may award grants to 
     eligible entities to support the development of smaller 
     learning communities.
       ``(2) Eligible entities.--In this section, the term 
     `eligible entity' means--
       ``(A) a local educational agency;
       ``(B) an elementary or secondary school;
       ``(C) a Bureau funded school; or
       ``(D) any of the entities described in subparagraph (A), 
     (B), or (C) in partnership with other public agencies or 
     private nonprofit organizations.
       ``(b) Applications.--A eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall describe--
       ``(1) strategies and methods the applicant will use to 
     create the smaller learning community;
       ``(2) curriculum and instructional practices, including any 
     particular themes or emphases, to be used in the learning 
     environment;
       ``(3) the extent of involvement of teachers and other 
     school personnel in investigating, designing, implementing 
     and sustaining the smaller learning community;
       ``(4) the process to be used for involving students, 
     parents and other stakeholders in the development and 
     implementation of the smaller learning community;
       ``(5) any cooperation or collaboration among community 
     agencies, organizations, businesses, and others to develop or 
     implement a plan to create the smaller learning community;
       ``(6) the training and professional development activities 
     that will be offered to teachers and others involved in the 
     activities assisted under this section;
       ``(7) the goals and objectives of the activities assisted 
     under this section, including a description of how such 
     activities will better enable all students to reach 
     challenging State content standards and State student 
     performance standards;
       ``(8) the methods by which the applicant will assess 
     progress in meeting such goals and objectives;
       ``(9) if the smaller learning community exists as a school-
     within-a-school, the relationship, including governance and 
     administration, of the smaller learning community to the rest 
     of the school;
       ``(10) a description of the administrative and managerial 
     relationship between the applicant and the smaller learning 
     community, including how such applicant will demonstrate a 
     commitment to the continuity of the smaller learning 
     community, including the continuity of student and teacher 
     assignment to a particular learning community;
       ``(11) how the applicant will coordinate or use funds 
     provided under this section with other funds provided under 
     this Act or other Federal laws;
       ``(12) grade levels or ages of students who will 
     participate in the smaller learning community; and
       ``(13) the method of placing students in the smaller 
     learning community, such that students are not placed 
     according to ability, performance or any other measure, so 
     that students are placed at random or by their own choice, 
     not pursuant to testing or other judgments.
       ``(c) Authorized Activities.--Funds under this section may 
     be used--
       ``(1) to study the feasibility of creating the smaller 
     learning community as well as effective and innovative 
     organizational and instructional strategies that will be used 
     in the smaller learning community;
       ``(2) to research, develop and implement strategies for 
     creating the smaller learning community, as well as effective 
     and innovative changes in curriculum and instruction, geared 
     to high State content standards and State student performance 
     standards;
       ``(3) to provide professional development for school staff 
     in innovative teaching methods that challenge and engage 
     students and will be used in the smaller learning community; 
     and
       ``(4) to develop and implement strategies to include 
     parents, business representatives, local institutions of 
     higher education, community-based organizations, and other 
     community members in the smaller learning communities, as 
     facilitators of activities that enable teachers to 
     participate in professional development activities, as well 
     as to provide links between students and their community.
       ``(d) Evaluation and Report.--A recipient of a grant under 
     this section shall provide the Secretary with an annual 
     report that contains a description of--
       ``(1) the specific uses of grants funds received under this 
     section; and
       ``(2) evidence of the impact of the grant on student 
     performance and school safety.

     ``SEC. 5706. NATIONAL STUDENT AND PARENT MOCK ELECTION.

       ``(a) In General.--The Secretary is authorized to award 
     grants to national nonprofit, nonpartisan organizations that 
     work to promote

[[Page 6162]]

     voter participation in American elections to enable such 
     organizations to carry out voter education activities for 
     students and their parents. Such activities shall--
       ``(1) be limited to simulated national elections that 
     permit participation by students and parents from all 50 
     States in the United States and territories, including 
     Department of Defense Dependent schools and other 
     international locales where United States citizens are based; 
     and
       ``(2) consist of--
       ``(A) school forums and local cable call-in shows on the 
     national issues to be voted upon in an ``issue forum'';
       ``(B) speeches and debates before students and parents by 
     local candidates or stand-ins for such candidates;
       ``(C) quiz team competitions, mock press conferences and 
     speechwriting competitions;
       ``(D) weekly meetings to follow the course of the campaign; 
     or
       ``(E) school and neighborhood campaigns to increase voter 
     turnout, including newsletters, posters, telephone chains, 
     and transportation.
       ``(b) Requirements.--Each organization receiving a grant 
     under this section shall--
       ``(1) present awards to outstanding student and parent mock 
     election projects; and
       ``(2) record all votes at least 5 days prior to the date of 
     the general election.

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

     ``SEC. 5801. PURPOSE.

       ``It is the purpose of this part to provide fellowships to 
     students of limited economic means, recent immigrants, 
     students of migrant parents, the teachers who work with such 
     students, and older Americans, so that such students, 
     teachers, and older Americans may participate in the programs 
     supported by the Close Up Foundation in the name of Allen J. 
     Ellender, a Senator from Louisiana and the President pro 
     tempore of the Senate, whose distinguished career in public 
     service was characterized by extraordinary energy and real 
     concern for young people.

     ``Subpart 1--Program for Middle and Secondary School Students

     ``SEC. 5811. ESTABLISHMENT.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants in accordance with the provisions of this subpart 
     to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of increasing understanding of the Federal 
     Government among middle and secondary school students.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used only to provide financial assistance to economically 
     disadvantaged students who participate in the programs 
     described in subsection (a). Financial assistance received 
     pursuant to this subpart by such students shall be known as 
     Allen J. Ellender fellowships.

     ``SEC. 5812. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made to economically 
     disadvantaged middle and secondary school students;
       ``(2) that every effort will be made to ensure the 
     participation of students from rural and small town areas, as 
     well as from urban areas, and that in awarding fellowships to 
     economically disadvantaged students, special consideration 
     will be given to the participation of students with special 
     educational needs, including student with disabilities, 
     ethnic minority students, and gifted and talented students; 
     and
       ``(3) the proper disbursement of the funds received under 
     this subpart.

     ``Subpart 2--Program for Middle and Secondary School Teachers

     ``SEC. 5821. ESTABLISHMENT.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants in accordance with the provisions of this subpart 
     to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of teaching skills enhancement for middle and 
     secondary school teachers.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used only for financial assistance to teachers who 
     participate in the programs described in subsection (a). 
     Financial assistance received pursuant to this subpart by 
     such individuals shall be known as Allen J. Ellender 
     fellowships.

     ``SEC. 5822. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made only to teachers who 
     have worked with at least one student from such teacher's 
     school who participates in the programs described in section 
     5811(a);
       ``(2) that not more than one teacher in each school 
     participating in the programs described in section 5811(a) 
     may receive a fellowship in any fiscal year; and
       ``(3) the proper disbursement of the funds received under 
     this subpart.

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

     ``SEC. 5831. ESTABLISHMENT.

       ``(a) General Authority.--
       ``(1) In general.--The Secretary is authorized to make 
     grants in accordance with the provisions of this subpart to 
     the Close Up Foundation of Washington, District of Columbia, 
     a nonpartisan, nonprofit foundation, for the purpose of 
     assisting the Close Up Foundation in carrying out its 
     programs of increasing understanding of the Federal 
     Government among economically disadvantaged older Americans, 
     recent immigrants and students of migrant parents.
       ``(2) Definition.--For the purpose of this subpart, the 
     term `older American' means an individual who has attained 55 
     years of age.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used for financial assistance to economically disadvantaged 
     older Americans, recent immigrants and students of migrant 
     parents who participate in the programs described in 
     subsection (a). Financial assistance received pursuant to 
     this subpart by such individuals shall be known as Allen J. 
     Ellender fellowships.

     ``SEC. 5832. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Except such application 
     shall contain provisions to assure--
       ``(1) that fellowship grants are made to economically 
     disadvantaged older Americans, recent immigrants and students 
     of migrant parents;
       ``(2) that every effort will be made to ensure the 
     participation of older Americans, recent immigrants and 
     students of migrant parents from rural and small town areas, 
     as well as from urban areas, and that in awarding 
     fellowships, special consideration will be given to the 
     participation of older Americans, recent immigrants and 
     students of migrant parents with special needs, including 
     individuals with disabilities, ethnic minorities, and gifted 
     and talented students;
       ``(3) that activities permitted by subsection (a) are fully 
     described; and
       ``(4) the proper disbursement of the funds received under 
     this subpart.

                    ``Subpart 4--General Provisions

     ``SEC. 5841. ADMINISTRATIVE PROVISIONS.

       ``(a) General Rule.--Payments under this part may be made 
     in installments, in advance, or by way of reimbursement, with 
     necessary adjustments on account of underpayment or 
     overpayment.
       ``(b) Audit Rule.--The Comptroller General of the United 
     States or any of the Comptroller General's duly authorized 
     representatives shall have access for the purpose of audit 
     and examination to any books, documents, papers, and records 
     that are pertinent to any grant under this part.

     ``SEC. 5842. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out subparts 1, 2, and 3, $1,500,000 for fiscal year 
     2001 and such sums as may be necessary of each of the 4 
     succeeding fiscal years.
       (b) Special Rule.--Of the funds appropriated pursuant to 
     subsection (a), not more than 30 percent may be used for 
     teachers associated with students participating in the 
     programs described in section 5811(a).

                  ``PART I--READY-TO-LEARN TELEVISION

     ``SEC. 5901. READY-TO-LEARN.

       ``(a) In General.--The Secretary is authorized to award 
     grants to, or enter into contracts or cooperative agreements 
     with, eligible entities described in section 5902(b) to 
     develop, produce, and distribute educational and 
     instructional video programming for preschool and elementary 
     school children and their parents in order to facilitate the 
     achievement of America's Education Goals.
       ``(b) Availability.--In making such grants, contracts, or 
     cooperative agreements under subsection (a), the Secretary 
     shall ensure that eligible entities make programming widely 
     available, with support materials as appropriate, to young 
     children, their parents, childcare workers, and Head Start 
     providers to increase the effective use of such programming.

     ``SEC. 5902. EDUCATIONAL PROGRAMMING.

       ``(a) Awards.--The Secretary shall award grants, contracts, 
     or cooperative agreements under section 5901 to eligible 
     entities to--
       ``(1) facilitate the development directly, or through 
     contracts with producers of children and family educational 
     television programming, of--
       ``(A) educational programming for preschool and elementary 
     school children; and
       ``(B) accompanying support materials and services that 
     promote the effective use of such programming;
       ``(2) facilitate the development of programming and digital 
     content especially designed for nationwide distribution over 
     public television stations' digital broadcasting channels and 
     the Internet, containing Ready to Learn-based children's 
     programming and resources for parents and caregivers; and
       ``(3) enable eligible entities to contract with entities 
     (such as public telecommunications entities and those funded 
     under the Star Schools Act) so that programs developed under 
     this section are disseminated and distributed--
       ``(A) to the widest possible audience appropriate to be 
     served by the programming; and

[[Page 6163]]

       ``(B) by the most appropriate distribution technologies.
       ``(b) Eligible Entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under subsection 
     (a), an entity shall be--
       ``(1) a public telecommunications entity that is able to 
     demonstrate a capacity for the development and national 
     distribution of educational and instructional television 
     programming of high quality for preschool and elementary 
     school children; and
       ``(2) able to demonstrate a capacity to contract with the 
     producers of children's television programming for the 
     purpose of developing educational television programming of 
     high quality for preschool and elementary school children.
       ``(c) Cultural Experiences.--Programming developed under 
     this section shall reflect the recognition of diverse 
     cultural experiences and the needs and experiences of both 
     boys and girls in engaging and preparing young children for 
     schooling.

     ``SEC. 5903. DUTIES OF SECRETARY.

       ``In carrying out this part, the Secretary may--
       ``(1) award grants, contracts, or cooperative agreements to 
     eligible entities described in section 5902(b), local public 
     television stations, or such public television stations that 
     are part of a consortium with 1 or more State educational 
     agencies, local educational agencies, local schools, 
     institutions of higher education, or community-based 
     organizations of demonstrated effectiveness, for the purpose 
     of--
       ``(A) addressing the learning needs of young children in 
     limited English proficient households, and developing 
     appropriate educational and instructional television 
     programming to foster the school readiness of such children;
       ``(B) developing programming and support materials to 
     increase family literacy skills among parents to assist 
     parents in teaching their children and utilizing educational 
     television programming to promote school readiness; and
       ``(C) identifying, supporting, and enhancing the effective 
     use and outreach of innovative programs that promote school 
     readiness; and
       ``(D) developing and disseminating training materials, 
     including--
       ``(i) interactive programs and programs adaptable to 
     distance learning technologies that are designed to enhance 
     knowledge of children's social and cognitive skill 
     development and positive adult-child interactions; and
       ``(ii) support materials to promote the effective use of 
     materials developed under subparagraph (B) among parents, 
     Head Start providers, in-home and center-based daycare 
     providers, early childhood development personnel, elementary 
     school teachers, public libraries, and after- school program 
     personnel caring for preschool and elementary school 
     children;
       ``(2) establish within the Department a clearinghouse to 
     compile and provide information, referrals, and model program 
     materials and programming obtained or developed under this 
     part to parents, child care providers, and other appropriate 
     individuals or entities to assist such individuals and 
     entities in accessing programs and projects under this part; 
     and
       ``(3) coordinate activities assisted under this part with 
     the Secretary of Health and Human Services in order to--
       ``(A) maximize the utilization of quality educational 
     programming by preschool and elementary school children, and 
     make such programming widely available to federally funded 
     programs serving such populations; and
       ``(B) provide information to recipients of funds under 
     Federal programs that have major training components for 
     early childhood development, including programs under the 
     Head Start Act and Even Start, and State training activities 
     funded under the Child Care and Development Block Grant Act 
     of 1990, regarding the availability and utilization of 
     materials developed under paragraph (1)(D) to enhance parent 
     and child care provider skills in early childhood development 
     and education.

     ``SEC. 5904. APPLICATIONS.

       ``Each entity desiring a grant, contract, or cooperative 
     agreement under section 5901 or 5903 shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.

     ``SEC. 5905. REPORTS AND EVALUATION.

       ``(a) Annual Report to the Secretary.--An eligible entity 
     receiving funds under a grant, contract or cooperative 
     agreement under section 5901 shall prepare and submit to the 
     Secretary an annual report that contains such information as 
     the Secretary may require. At a minimum, the report shall 
     describe the program activities undertaken with funds 
     received under such grant, contract or cooperative agreement, 
     including--
       ``(1) the programming that has been developed directly or 
     indirectly by the eligible entity, and the target population 
     of the programs developed;
       ``(2) the support materials that have been developed to 
     accompany the programming, and the method by which such 
     materials are distributed to consumers and users of the 
     programming;
       ``(3) the means by which programming developed under this 
     section has been distributed, including the distance learning 
     technologies that have been utilized to make programming 
     available and the geographic distribution achieved through 
     such technologies; and
       ``(4) the initiatives undertaken by the eligible entity to 
     develop public-private partnerships to secure non-Federal 
     support for the development, distribution and broadcast of 
     educational and instructional programming.
       ``(b) Report to Congress.--The Secretary shall prepare and 
     submit to the relevant committees of Congress a biannual 
     report that shall include--
       ``(1) a summary of activities assisted under section 
     5902(a); and
       ``(2) a description of the training materials made 
     available under section 5903(1)(D), the manner in which 
     outreach has been conducted to inform parents and childcare 
     providers of the availability of such materials, and the 
     manner in which such materials have been distributed in 
     accordance with such section.

     ``SEC. 5906. ADMINISTRATIVE COSTS.

       ``With respect to the implementation of section 5902, 
     eligible entities receiving a grant, contract, or cooperative 
     agreement from the Secretary may use not more than 5 percent 
     of the amounts received under such grant, contract, or 
     cooperative agreement for the normal and customary expenses 
     of administering the grant, contract, or cooperative 
     agreement.

     ``SEC. 5907. DEFINITION.

       ``For the purposes of this part, the term 'distance 
     learning' means the transmission of educational or 
     instructional programming to geographically dispersed 
     individuals and groups via telecommunications.

     ``SEC. 5908. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $50,000,000 for fiscal year 2001, and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years.
       ``(b) Funding Rule.--Not less than 60 percent of the 
     amounts appropriated under subsection (a) for each fiscal 
     year shall be used to carry out section 5902.

            ``PART J--INEXPENSIVE BOOK DISTRIBUTION PROGRAM

     ``SEC. 5951. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR 
                   READING MOTIVATION.

       ``(a) Authorization.--The Secretary is authorized to enter 
     into a contract with Reading is Fundamental (RIF) (hereafter 
     in this section referred to as `the contractor') to support 
     and promote programs, which include the distribution of 
     inexpensive books to students, that motivate children to 
     read.
       ``(b) Requirements of Contract.--Any contract entered into 
     under subsection (a) shall--
       ``(1) provide that the contractor will enter into 
     subcontracts with local private nonprofit groups or 
     organizations, or with public agencies, under which each 
     subcontractor will agree to establish, operate, and provide 
     the non-Federal share of the cost of reading motivation 
     programs that include the distribution of books, by gift, to 
     the extent feasible, or loan, to children from birth through 
     secondary school age, including those in family literacy 
     programs;
       ``(2) provide that funds made available to subcontractors 
     will be used only to pay the Federal share of the cost of 
     such programs;
       ``(3) provide that in selecting subcontractors for initial 
     funding, the contractor will give priority to programs that 
     will serve a substantial number or percentage of children 
     with special needs, such as--
       ``(A) low-income children, particularly in high-poverty 
     areas;
       ``(B) children at risk of school failure;
       ``(C) children with disabilities;
       ``(D) foster children;
       ``(E) homeless children;
       ``(F) migrant children;
       ``(G) children without access to libraries;
       ``(H) institutionalized or incarcerated children; and
       ``(I) children whose parents are institutionalized or 
     incarcerated;
       ``(4) provide that the contractor will provide such 
     technical assistance to subcontractors as may be necessary to 
     carry out the purpose of this section;
       ``(5) provide that the contractor will annually report to 
     the Secretary the number of, and describe, programs funded 
     under paragraph (3); and
       ``(6) include such other terms and conditions as the 
     Secretary determines to be appropriate to ensure the 
     effectiveness of such programs.
       ``(c) Restriction on Payments.--The Secretary shall make no 
     payment of the Federal share of the cost of acquiring and 
     distributing books under any contract under this section 
     unless the Secretary determines that the contractor or 
     subcontractor, as the case may be, has made arrangements with 
     book publishers or distributors to obtain books at discounts 
     at least as favorable as discounts that are customarily given 
     by such publisher or distributor for book purchases made 
     under similar circumstances in the absence of Federal 
     assistance.
       ``(d) Definition of `Federal Share'.--For the purpose of 
     this section, the term `Federal share' means, with respect to 
     the cost to a subcontractor of purchasing books to be paid 
     under this section, 75 percent of such costs to the 
     subcontractor, except that the Federal share for programs 
     serving children of migrant or seasonal farmworkers shall be 
     100 percent of such costs to the subcontractor.
       ``(e) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $25,000,000 for fiscal year 2001 and such sums 
     as may be necessary for each of the four succeeding fiscal 
     years.''.

[[Page 6164]]



              PART F--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 561. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) General Education Provisions Act.--Section 441(a) of 
     the General Education Provisions Act (20 U.S.C. 1232d(a)) is 
     amended by striking ``shall submit (subject'' and all that 
     follows through ``to the Secretary'' and inserting ``shall 
     submit to the Secretary''.
       (b) School-to-Work Opportunities Act of 1994.--Section 
     502(b)(3) of the School-to-Work Opportunities Act of 1994 (20 
     U.S.C. 6212(b)(3)) is amended by striking ``part A of title 
     V'' and inserting ``part C of title V''.
       (c) Title 31, United States Code.--Section 6703 of title 
     31, United States Code is amended by striking paragraph (1).

                     TITLE VI--INNOVATIVE EDUCATION

     SEC. 601. INNOVATIVE EDUCATION.

       Title VI (20 U.S.C. 7301 et seq.) is amended to read as 
     follows:

                    ``TITLE VI--INNOVATIVE EDUCATION

           ``PART A--INNOVATIVE EDUCATION PROGRAM STRATEGIES

     ``SEC. 6101. PURPOSE; STATE AND LOCAL RESPONSIBILITY.

       ``(a) Purpose.--The purpose of this part is--
       ``(1) to support local education reform efforts that are 
     consistent with and support statewide education reform 
     efforts;
       ``(2) to support State and local efforts to accomplish 
     America's Education Goals;
       ``(3) to provide funding to enable State and local 
     educational agencies to implement promising educational 
     reform strategies;
       ``(4) to provide a continuing source of innovation and 
     educational improvement, including support for library 
     services and instructional and media materials; and
       ``(5) to develop and implement education programs to 
     improve school, student, and teacher performance, including 
     professional development activities and class size reduction 
     programs.
       ``(b) State and Local Responsibility.--The basic 
     responsibility for the administration of funds made available 
     under this part is within the State educational agencies, but 
     it is the intent of Congress that the responsibility be 
     carried out with a minimum of paperwork and that the 
     responsibility for the design and implementation of programs 
     assisted under this part will be mainly that of local 
     educational agencies, school superintendents and principals, 
     and classroom teachers and supporting personnel, because such 
     agencies and individuals have the most direct contact with 
     students and are most likely to be able to design programs to 
     meet the educational needs of students in their own school 
     districts.

     ``SEC. 6102. AUTHORIZATION OF APPROPRIATIONS; DURATION OF 
                   ASSISTANCE.

       ``(a) Authorization.--To carry out the purposes of this 
     part, there are authorized to be appropriated $850,000,000 
     for fiscal year 2001 and such sums as may be necessary for 
     each of the four succeeding fiscal years.
       ``(b) Duration of Assistance.--During the period beginning 
     October 1, 2001, and ending September 30, 2006, the Secretary 
     shall, in accordance with the provisions of this part, make 
     payments to State educational agencies for the purpose of 
     this part.

     ``SEC. 6103. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.

       ``In this part the term `effective schools program' means a 
     school-based program that--
       ``(1) may encompass preschool through secondary school 
     levels; and
       ``(2) has the objectives of--
       ``(A) promoting school-level planning, instructional 
     improvement, and staff development for all personnel;
       ``(B) increasing the academic performance levels of all 
     children and particularly educationally disadvantaged 
     children; and
       ``(C) achieving as an ongoing condition in the school the 
     following factors identified through effective schools 
     research:
       ``(i) Strong and effective administrative and instructional 
     leadership.
       ``(ii) A safe and orderly school environment that enables 
     teachers and students to focus on academic performance.
       ``(iii) Continuous assessment of students and initiatives 
     to evaluate instructional techniques.

                 ``Subpart 1--State and Local Programs

     ``SEC. 6111. ALLOTMENT TO STATES.

       ``(a) Reservations.--From the sums appropriated to carry 
     out this part in any fiscal year, the Secretary shall reserve 
     not more than one percent for payments to outlying areas to 
     be allotted in accordance with their respective needs.
       ``(b) Allotment.--From the remainder of such sums, the 
     Secretary shall allot to each State an amount which bears the 
     same ratio to the amount of such remainder as the school-age 
     population of the State bears to the school-age population of 
     all States, except that no State shall receive less than an 
     amount equal to one-half of one percent of such remainder.
       ``(c) Definitions.--In this subpart:
       ``(1) School-age population.--The term `school-age 
     population' means the population aged 5 through 17.
       ``(2) State.--The term `State' includes the 50 States of 
     the United States, the District of Columbia, and the 
     Commonwealth of Puerto Rico.

     ``SEC. 6112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Formula.--From the sums made available each year to 
     carry out this part, the State educational agency shall 
     distribute not less than 85 percent to local educational 
     agencies within such State according to the relative 
     enrollments in public and private elementary schools and 
     secondary schools within the school districts of such 
     agencies, adjusted, in accordance with criteria approved by 
     the Secretary, to provide higher per pupil allocations to 
     local educational agencies serving the greatest numbers or 
     percentages of children whose education imposes a higher than 
     average cost per child, such as--
       ``(1) children living in areas with high concentrations of 
     low-income families;
       ``(2) children from low-income families; and
       ``(3) children living in sparsely populated areas.
       ``(b) Calculation of Enrollments.--
       ``(1) In general.--The calculation of relative enrollments 
     under subsection (a) shall be on the basis of the total of--
       ``(A) the number of children enrolled in public schools; 
     and
       ``(B) the number of children enrolled in private nonprofit 
     schools that desire that their children participate in 
     programs or projects assisted under this part, for the fiscal 
     year preceding the fiscal year for which the determination is 
     made.
       ``(2) Construction.--Nothing in this subsection shall 
     diminish the responsibility of local educational agencies to 
     contact, on an annual basis, appropriate officials from 
     private nonprofit schools within the areas served by such 
     agencies in order to determine whether such schools desire 
     that their children participate in programs assisted under 
     this part.
       ``(3) Adjustments.--
       ``(A) In general.--Relative enrollments under subsection 
     (a) shall be adjusted, in accordance with criteria approved 
     by the Secretary under subparagraph (B), to provide higher 
     per pupil allocations only to local educational agencies 
     which serve the greatest numbers or percentages of--
       ``(i) children living in areas with high concentrations of 
     low-income families;
       ``(ii) children from low-income families; or
       ``(iii) children living in sparsely populated areas.
       ``(B) Criteria.--The Secretary shall review criteria 
     submitted by a State educational agency for adjusting 
     allocations under subparagraph (A) and shall approve such 
     criteria only if the Secretary determines that such criteria 
     are reasonably calculated to produce an adjusted allocation 
     that reflects the relative needs within the State's local 
     educational agencies based on the factors set forth in 
     subparagraph (A).
       ``(c) Payment of Allocations.--
       ``(1) Distribution.--From the funds paid to a State 
     educational agency pursuant to section 6111 for a fiscal 
     year, a State educational agency shall distribute to each 
     eligible local educational agency which has submitted an 
     application as required in section 6133 the amount of such 
     local educational agency's allocation as determined under 
     subsection (a).
       ``(2) Additional funds.--
       ``(A) In general.--Additional funds resulting from higher 
     per pupil allocations provided to a local educational agency 
     on the basis of adjusted enrollments of children described in 
     subsection (a), may, at the discretion of the local 
     educational agency, be allocated for expenditures to provide 
     services for children enrolled in public and private 
     nonprofit schools in direct proportion to the number of 
     children described in subsection (a) and enrolled in such 
     schools within the local educational agency.
       ``(B) Requirement.--In any fiscal year, any local 
     educational agency that elects to allocate such additional 
     funds in the manner described in subparagraph (A) shall 
     allocate all additional funds to schools within the local 
     educational agency in such manner.
       ``(C) Construction.--The provisions of subparagraphs (A) 
     and (B) may not be construed to require any school to limit 
     the use of such additional funds to the provision of services 
     to specific students or categories of students.

                      ``Subpart 2--State Programs

     ``SEC. 6121. STATE USES OF FUNDS.

       ``(a) Authorized Activities.--A State educational agency 
     may use funds made available for State use under this part 
     only for--
       ``(1) State administration of programs under this part 
     including--
       ``(A) supervision of the allocation of funds to local 
     educational agencies;
       ``(B) planning, supervision, and processing of State funds; 
     and
       ``(C) monitoring and evaluation of programs and activities 
     under this part;
       ``(2) support for planning, designing, and initial 
     implementation of charter schools as described in part D of 
     title V;
       ``(3) support for designing and implementation of high-
     quality yearly student assessments;
       ``(4) support for implementation of State and local 
     standards; and
       ``(5) technical assistance and direct grants to local 
     educational agencies and statewide education reform 
     activities including effective schools programs which assist 
     local educational agencies to provide targeted assistance.
       ``(b) Limitations and Requirements.--Not more than 15 
     percent of funds available for State programs under this part 
     in any fiscal year may be used for State administration under 
     subsection (a)(1).

     ``SEC. 6122. STATE APPLICATIONS.

       ``(a) Application Requirements.--Any State which desires to 
     receive assistance under this part shall submit to the 
     Secretary an application which--
       ``(1) designates the State educational agency as the State 
     agency responsible for administration and supervision of 
     programs assisted under this part;

[[Page 6165]]

       ``(2) provides for a biennial submission of data on the use 
     of funds, the types of services furnished, and the students 
     served under this part;
       ``(3) sets forth the allocation of such funds required to 
     implement section 6142;
       ``(4) provides that the State educational agency will keep 
     such records and provide such information to the Secretary as 
     may be required for fiscal audit and program evaluation 
     (consistent with the responsibilities of the Secretary under 
     this section);
       ``(5) provides assurances that, apart from technical and 
     advisory assistance and monitoring compliance with this part, 
     the State educational agency has not exercised and will not 
     exercise any influence in the decisionmaking processes of 
     local educational agencies as to the expenditure made 
     pursuant to an application under section 6133;
       ``(6) contains assurances that there is compliance with the 
     specific requirements of this part; and
       ``(7) provides for timely public notice and public 
     dissemination of the information provided pursuant to 
     paragraph (2).
       ``(b) Period of Application.--An application filed by the 
     State under subsection (a) shall be for a period not to 
     exceed three years, and may be amended annually as may be 
     necessary to reflect changes without filing a new 
     application.
       ``(c) Audit Rule.--A local educational agency that receives 
     less than an average of $10,000 under this part for 3 fiscal 
     years shall not be audited more frequently than once every 5 
     years.

            ``Subpart 3--Local Innovative Education Programs

     ``SEC. 6131. TARGETED USE OF FUNDS.

       ``(a) General Rule.--Funds made available to local 
     educational agencies under section 6112 shall be used for 
     innovative assistance described in subsection (b).
       ``(b) Innovative Assistance.--
       ``(1) In general.--The innovative assistance programs 
     referred to in subsection (a) include--
       ``(A) programs for the acquisition and use of instructional 
     and educational materials, including library services and 
     materials (including media materials), assessments, and other 
     curricular materials that--
       ``(B) programs to improve teaching and learning, including 
     professional development activities, that are consistent with 
     comprehensive State and local systemic education reform 
     efforts;
       ``(C) activities that encourage and expand improvements 
     throughout the local educational agency that are designed to 
     advance student performance;
       ``(D) initiatives to generate, maintain, and strengthen 
     parental and community involvement, including initiatives 
     creating activities for school-age children and activities to 
     meet the educational needs of children aged birth through 5;
       ``(E) programs to recruit, hire, and train certified 
     teachers (including teachers certified through State and 
     local alternative routes) in order to reduce class size;
       ``(F) programs to improve the academic performance of 
     educationally disadvantaged elementary school and secondary 
     school students, including activities to prevent students 
     from dropping out of school;
       ``(G) programs and activities that expand learning 
     opportunities through best practice models designed to 
     improve classroom learning and teaching;
       ``(H) programs to combat both student and parental 
     illiteracy;
       ``(I) technology activities related to the implementation 
     of school-based reform efforts, including professional 
     development to assist teachers and other school personnel 
     (including school library media personnel) regarding how to 
     effectively use technology in the classrooms and the school 
     library media centers involved;
       ``(J) school improvement programs or activities under 
     section 1116 or 1117;
       ``(K) programs to provide for the educational needs of 
     gifted and talented children;
       ``(L) programs to provide same gender schools and 
     classrooms, if equal educational opportunities are made 
     available to students of both sexes, consistent with the 
     Constitution of the United States of America;
       ``(M) service learning activities; and
       ``(N) school safety programs.
       ``(2) Requirements.--The innovative assistance programs 
     referred to in subsection (a) shall be--
       ``(A) tied to promoting high academic standards;
       ``(B) used to improve student performance; and
       ``(C) part of an overall education reform strategy.

     ``SEC. 6132. ADMINISTRATIVE AUTHORITY.

       ``In order to conduct the activities authorized by this 
     part, each State or local educational agency may use funds 
     made available under this part to make grants to and to enter 
     into contracts with local educational agencies, institutions 
     of higher education, libraries, museums, and other public and 
     private nonprofit agencies, organizations, and institutions.

     ``SEC. 6133. LOCAL APPLICATIONS.

       ``(a) Contents of Application.--A local educational agency 
     or consortium of such agencies may receive an allocation of 
     funds under this part for any year for which an application 
     is submitted to the State educational agency and such 
     application is certified to meet the requirements of this 
     section. The State educational agency shall certify any such 
     application if such application--
       ``(1)(A) sets forth the planned allocation of funds among 
     innovative assistance programs described in section 6131 and 
     describes the programs, projects, and activities designed to 
     carry out such innovative assistance which the local 
     educational agency intends to support, together with the 
     reasons for the selection of such programs, projects, and 
     activities; and
       ``(B) sets forth the allocation of such funds required to 
     implement section 6142;
       ``(2) describes how assistance under this part will 
     contribute to meeting America's Education Goals and improving 
     student achievement or improving the quality of education for 
     students;
       ``(3) provides assurances of compliance with the provisions 
     of this part, including the participation of children 
     enrolled in private, nonprofit schools in accordance with 
     section 6142;
       ``(4) agrees to keep such records, and provide such 
     information to the State educational agency as reasonably may 
     be required for fiscal audit and program evaluation, 
     consistent with the responsibilities of the State educational 
     agency under this part; and
       ``(5) provides in the allocation of funds for the 
     assistance authorized by this part, and in the design, 
     planning, and implementation of such programs, for systematic 
     consultation with parents of children attending elementary 
     schools and secondary schools in the area served by the local 
     educational agency, with teachers and administrative 
     personnel in such schools, and with other groups involved in 
     the implementation of this part (such as librarians, school 
     counselors, and other pupil services personnel) as may be 
     considered appropriate by the local educational agency.
       ``(b) Period of Application.--An application filed by a 
     local educational agency under subsection (a) shall be for a 
     period not to exceed three fiscal years, may provide for the 
     allocation of funds to programs for a period of three years, 
     and may be amended annually as may be necessary to reflect 
     changes without filing a new application.
       ``(c) Local Educational Agency Discretion.--Subject to the 
     limitations and requirements of this part, a local 
     educational agency shall have complete discretion in 
     determining how funds under this subpart shall be divided 
     among the areas of targeted assistance. In exercising such 
     discretion, a local educational agency shall ensure that 
     expenditures under this subpart carry out the purposes of 
     this part and are used to meet the educational needs within 
     the schools of such local educational agency.

             ``Subpart 4--General Administrative Provisions

     ``SEC. 6141. MAINTENANCE OF EFFORT; FEDERAL FUNDS 
                   SUPPLEMENTARY.

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

     ``SEC. 6142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       ``(a) Participation on Equitable Basis.--
       ``(1) In general.--To the extent consistent with the number 
     of children in the school district of a local educational 
     agency which is eligible to receive funds under this part or 
     which serves the area in which a program or project assisted 
     under this part is located who are enrolled in private 
     nonprofit elementary and secondary schools, or with respect 
     to instructional or personnel training programs funded by the 
     State educational agency from funds made available for State 
     use, such agency, after consultation with appropriate private 
     school officials, shall provide for the benefit of such 
     children in such schools secular, neutral, and nonideological 
     services, materials, and equipment, including the 
     participation of the teachers of such children (and other 
     educational personnel serving such children) in training 
     programs, and the repair, minor remodeling, or construction 
     of public facilities as may be necessary for their provision 
     (consistent with subsection (c) of

[[Page 6166]]

     this section), or, if such services, materials, and equipment 
     are not feasible or necessary in one or more such private 
     schools as determined by the local educational agency after 
     consultation with the appropriate private school officials, 
     shall provide such other arrangements as will assure 
     equitable participation of such children in the purposes and 
     benefits of this part.
       ``(2) Other provisions for services.--If no program or 
     project is carried out under paragraph (1) in the school 
     district of a local educational agency, the State educational 
     agency shall make arrangements, such as through contracts 
     with nonprofit agencies or organizations, under which 
     children in private schools in such district are provided 
     with services and materials to the extent that would have 
     occurred if the local educational agency had received funds 
     under this part.
       ``(3) Application of requirements.--The requirements of 
     this section relating to the participation of children, 
     teachers, and other personnel serving such children shall 
     apply to programs and projects carried out under this part by 
     a State or local educational agency, whether directly or 
     through grants to or contracts with other public or private 
     agencies, institutions, or organizations.
       ``(b) Equal Expenditures.--Expenditures for programs 
     pursuant to subsection (a) shall be equal (consistent with 
     the number of children to be served) to expenditures for 
     programs under this part for children enrolled in the public 
     schools of the local educational agency, taking into account 
     the needs of the individual children and other factors which 
     relate to such expenditures, and when funds available to a 
     local educational agency under this part are used to 
     concentrate programs or projects on a particular group, 
     attendance area, or grade or age level, children enrolled in 
     private schools who are included within the group, attendance 
     area, or grade or age level selected for such concentration 
     shall, after consultation with the appropriate private school 
     officials, be assured equitable participation in the purposes 
     and benefits of such programs or projects.
       ``(c) Funds.--
       ``(1) Administration of funds and property.--The control of 
     funds provided under this part, and title to materials, 
     equipment, and property repaired, remodeled, or constructed 
     with such funds, shall be in a public agency for the uses and 
     purposes provided in this part, and a public agency shall 
     administer such funds and property.
       ``(2) Provision of services.--The provision of services 
     pursuant to this part shall be provided by employees of a 
     public agency or through contract by such public agency with 
     a person, an association, agency, or corporation who or 
     which, in the provision of such services, is independent of 
     such private school and of any religious organizations, and 
     such employment or contract shall be under the control and 
     supervision of such public agency, and the funds provided 
     under this part shall not be commingled with State or local 
     funds.
       ``(d) State Prohibition Waiver.--If by reason of any 
     provision of law a State or local educational agency is 
     prohibited from providing for the participation in programs 
     of children enrolled in private elementary schools and 
     secondary schools, as required by this section, the Secretary 
     shall waive such requirements and shall arrange for the 
     provision of services to such children through arrangements 
     which shall be subject to the requirements of this section.
       ``(e) Waiver and Provision of Services.--
       ``(1) Failure to comply.--If the Secretary determines that 
     a State or a local educational agency has substantially 
     failed or is unwilling to provide for the participation on an 
     equitable basis of children enrolled in private elementary 
     schools and secondary schools as required by this section, 
     the Secretary may waive such requirements and shall arrange 
     for the provision of services to such children through 
     arrangements which shall be subject to the requirements of 
     this section.
       ``(2) Withholding of allocation.--Pending final resolution 
     of any investigation or complaint that could result in a 
     determination under this subsection or subsection (d), the 
     Secretary may withhold from the allocation of the affected 
     State or local educational agency the amount estimated by the 
     Secretary to be necessary to pay the cost of those services.
       ``(f) Determination.--Any determination by the Secretary 
     under this section shall continue in effect until the 
     Secretary determines that there will no longer be any failure 
     or inability on the part of the State or local educational 
     agency to meet the requirements of subsections (a) and (b).
       ``(g) Payment From State Allotment.--When the Secretary 
     arranges for services pursuant to this section, the Secretary 
     shall, after consultation with the appropriate public and 
     private school officials, pay the cost of such services, 
     including the administrative costs of arranging for those 
     services, from the appropriate allotment of the State under 
     this part.
       ``(h) Review.--
       ``(1) Written objections.--The Secretary shall not take any 
     final action under this section until the State educational 
     agency and the local educational agency affected by such 
     action have had an opportunity, for not less than 45 days 
     after receiving written notice thereof, to submit written 
     objections and to appear before the Secretary or the 
     Secretary's designee to show cause why that action should not 
     be taken.
       ``(2) Court action.--If a State or local educational agency 
     is dissatisfied with the Secretary's final action after a 
     proceeding under paragraph (1), such agency may, not later 
     than 60 days after notice of such action, file with the 
     United States court of appeals for the circuit in which such 
     State is located a petition for review of that action. A copy 
     of the petition shall be transmitted by the clerk of the 
     court to the Secretary. The Secretary thereupon shall file in 
     the court the record of the proceedings on which the 
     Secretary based this action, as provided in section 2112 of 
     title 28, United States Code.
       ``(3) Remand to secretary.--The findings of fact by the 
     Secretary, if supported by substantial evidence, shall be 
     conclusive; but the court, for good cause shown, may remand 
     the case to the Secretary to take further evidence and the 
     Secretary may make new or modified findings of fact and may 
     modify the Secretary's previous action, and shall file in the 
     court the record of the further proceedings. Such new or 
     modified findings of fact shall likewise be conclusive if 
     supported by substantial evidence.
       ``(4) Court review.--Upon the filing of such petition, the 
     court shall have jurisdiction to affirm the action of the 
     Secretary or to set such action aside, in whole or in part. 
     The judgment of the court shall be subject to review by the 
     Supreme Court of the United States upon certiorari or 
     certification as provided in section 1254 of title 28, United 
     States Code.
       ``(i) Prior Determination.--Any bypass determination by the 
     Secretary under chapter 2 of part I of this Act (as such 
     chapter was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) 
     shall, to the extent consistent with the purposes of this 
     part, apply to programs under this part.

     ``SEC. 6143. FEDERAL ADMINISTRATION.

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

                  ``PART B--RURAL EDUCATION INITIATIVE

     ``SEC. 6203. SHORT TITLE.

       ``This part may be cited as the `Rural Education 
     Achievement Program'.

     ``SEC. 6202. PURPOSE.

       ``It is the purpose of this part to address the unique 
     needs of rural school districts that frequently--
       ``(1) lack the personnel and resources needed to compete 
     for Federal competitive grants; and
       ``(2) receive formula allocations in amounts too small to 
     be effective in meeting their intended purposes.

     ``SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part--
       ``(1) $125,000,000 for fiscal year 2001, of which 
     $62,500,000 shall be made available to carry out subpart 1; 
     and
       ``(2) such sums as may be necessary for each of the 5 
     succeeding fiscal years.

          ``Subpart 1--Small, Rural School Achievement Program

     ``SEC. 6211. FORMULA GRANT PROGRAM AUTHORIZED.

       ``(a) Alternative Uses.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, an eligible local educational agency may use the 
     applicable funding, that the agency is eligible to receive 
     from the State educational agency for a fiscal year, to carry 
     out innovative assistance activities described in section 
     6131(b).
       ``(2) Notification.--An eligible local educational agency 
     shall notify the State educational agency of the local 
     educational agency's intention to use the applicable funding 
     in accordance with paragraph (1) not later than a date that 
     is established by the State educational agency for the 
     notification.
       ``(b) Eligibility.--A local educational agency shall be 
     eligible to use the applicable funding in accordance with 
     subsection (a) if--
       ``(1) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is less than 600; and
       ``(2) all of the schools served by the local educational 
     agency are designated with a School Locale Code of 7, as 
     determined by the Secretary of Education.
       ``(c) Applicable Funding.--In this section, the term 
     `applicable funding' means funds provided under each of 
     titles II, IV, and VI.
       ``(d) Disbursal.--Each State educational agency that 
     receives applicable funding for a fiscal year shall disburse 
     the applicable funding to local educational agencies for 
     alternative uses under this section for the fiscal year at 
     the same time that the State educational agency disburses the 
     applicable funding to local educational agencies that do not 
     intend to use the applicable funding for such alternative 
     uses for the fiscal year.
       ``(e) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement and not supplant any 
     other Federal, State, or local education funds.
       ``(f) Special Rule.--References in Federal law to funds for 
     the provisions of law set forth

[[Page 6167]]

     in subsection (c) may be considered to be references to funds 
     for this section.
       ``(g) Construction.--Nothing in this subpart shall be 
     construed to prohibit a local educational agency that enters 
     into cooperative arrangements with other local educational 
     agencies for the provision of special, compensatory, or other 
     education services pursuant to State law or a written 
     agreement from entering into similar arrangements for the use 
     or the coordination of the use of the funds made available 
     under this section.

     ``SEC. 6212. COMPETITIVE GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to eligible local educational agencies to enable the 
     local educational agencies to carry out innovative assistance 
     activities described in section 6131(b).
       ``(b) Eligibility.--A local educational agency shall be 
     eligible to receive a grant under this section if--
       ``(1) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is less than 600; and
       ``(2) all of the schools served by the local educational 
     agency are designated with a School Locale Code of 7, as 
     determined by the Secretary of Education.
       ``(c) Amount.--
       ``(1) In general.--The Secretary shall award a grant to a 
     local educational agency under this section for a fiscal year 
     in an amount equal to the amount determined under paragraph 
     (2) for the fiscal year minus the total amount received under 
     the provisions of law described under section 6211(c) for the 
     fiscal year.
       ``(2) Determination.--The amount referred to in paragraph 
     (1) is equal to $100 multiplied by the total number of 
     students in excess of 50 students that are in average daily 
     attendance at the schools served by the local educational 
     agency, plus $20,000, except that the amount may not exceed 
     $60,000.
       ``(3) Census determination.--
       ``(A) In general.--Each local educational agency desiring a 
     grant under this section shall conduct a census not later 
     than December 1 of each year to determine the number of 
     kindergarten through grade 12 students in average daily 
     attendance at the schools served by the local educational 
     agency.
       ``(B) Submission.--Each local educational agency shall 
     submit the number described in subparagraph (A) to the 
     Secretary not later than March 1 of each year.
       ``(4) Penalty.--If the Secretary determines that a local 
     educational agency has knowingly submitted false information 
     under paragraph (3) for the purpose of gaining additional 
     funds under this section, then the local educational agency 
     shall be fined an amount equal to twice the difference 
     between the amount the local educational agency received 
     under this section, and the correct amount the local 
     educational agency would have received under this section if 
     the agency had submitted accurate information under paragraph 
     (3).
       ``(d) Disbursal.--The Secretary shall disburse the funds 
     awarded to a local educational agency under this section for 
     a fiscal year not later than July 1 of that year.
       ``(e) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement and not supplant any 
     other Federal, State, or local education funds.
       ``(f) Construction.--Nothing in this subpart shall be 
     construed to prohibit a local educational agency that enters 
     into cooperative arrangements with other local educational 
     agencies for the provision of special, compensatory, or other 
     education services pursuant to State law or a written 
     agreement from entering into similar arrangements for the use 
     or the coordination of the use of the funds made available 
     under this section.

     ``SEC. 6213. ACCOUNTABILITY.

       ``(a) Academic Achievement.--
       ``(1) In general.--Each local educational agency that uses 
     or receives funds under section 6211 or 6212 for a fiscal 
     year shall--
       ``(A) administer an assessment that is used statewide and 
     is consistent with the assessment described in section 
     1111(b), to assess the academic achievement of students in 
     the schools served by the local educational agency; or
       ``(B) in the case of a local educational agency for which 
     there is no statewide assessment described in subparagraph 
     (A), administer a test, that is selected by the local 
     educational agency, to assess the academic achievement of 
     students in the schools served by the local educational 
     agency.
       ``(2) Special rule.--Each local educational agency that 
     uses or receives funds under section 6211 or 6212 shall use 
     the same assessment or test described in paragraph (1) for 
     each year of participation in the program carried out under 
     such section.
       ``(b) State Educational Agency Determination Regarding 
     Continuing Participation.--Each State educational agency that 
     receives funding under the provisions of law described in 
     section 6211(c) shall--
       ``(1) after the fifth year that a local educational agency 
     in the State participates in a program authorized under 
     section 6211 or 6212 and on the basis of the results of the 
     assessments or tests described in subsection (a), determine 
     whether the students served by the local educational agency 
     participating in the program performed better on the 
     assessments or tests after the fifth year of the 
     participation than the students performed on the assessments 
     or tests after the first year of the participation;
       ``(2) permit only the local educational agencies that 
     participated in the program and served students that 
     performed better on the assessments or tests, as described in 
     paragraph (1), to continue to participate in the program for 
     an additional period of 5 years; and
       ``(3) prohibit the local educational agencies that 
     participated in the program and served students that did not 
     perform better on the assessments or tests, as described in 
     paragraph (1), from participating in the program, for a 
     period of 5 years from the date of the determination.

     ``SEC. 6214. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT 
                   APPROPRIATIONS.

       ``(a) In General.--If the amount appropriated for any 
     fiscal year and made available for grants under this subpart 
     is insufficient to pay the full amount for which all agencies 
     are eligible under this subpart, the Secretary shall ratably 
     reduce each such amount.
       ``(b) Additional Amounts.--If additional funds become 
     available for making payments under paragraph (1) for such 
     fiscal year, payments that were reduced under subsection (a) 
     shall be increased on the same basis as such payments were 
     reduced.

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

     ``SEC. 6221. DEFINITIONS.

       ``In this subpart:
       ``(1) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved.
       ``(2) Specially qualified agency.--The term `specially 
     qualified agency' means an eligible local educational agency, 
     located in a State that does not participate in a program 
     carried out under this subpart for a fiscal year, which may 
     apply directly to the Secretary for a grant for such year in 
     accordance with section 6222(b).

     ``SEC. 6222. PROGRAM AUTHORIZED.

       ``(a) Grants to States.--
       ``(1) In general.--From the sum appropriated under section 
     6203 for a fiscal year and made available to carry out this 
     subpart, the Secretary shall award grants, from allotments 
     made under paragraph (2), to State educational agencies that 
     have applications approved under section 6224 to enable the 
     State educational agencies to award grants to eligible local 
     educational agencies for innovative assistance activities 
     described in section 6131(b).
       ``(2) Allotment.--From the sum appropriated under section 
     6203 for a fiscal year and made available to carry out this 
     subpart, the Secretary shall allot to each State educational 
     agency an amount that bears the same ratio to the sum as the 
     number of students in average daily attendance at the schools 
     served by eligible local educational agencies in the State 
     for that fiscal year bears to the number of all such students 
     at the schools served by eligible local educational agencies 
     in all States for that fiscal year.
       ``(b) Direct Grants to Specially Qualified Agencies.--
       ``(1) Nonparticipating state.--If a State educational 
     agency elects not to participate in the program carried out 
     under this subpart or does not have an application approved 
     under section 6224, a specially qualified agency in such 
     State desiring a grant under this subpart shall apply 
     directly to the Secretary under section 6224 to receive a 
     grant under this subpart.
       ``(2) Direct awards to specially qualified agencies.--The 
     Secretary may award, on a competitive basis, the amount the 
     State educational agency is eligible to receive under 
     subsection (a)(2) directly to specially qualified agencies in 
     the State.
       ``(c) Administrative Costs.--A State educational agency 
     that receives a grant under this subpart may not use more 
     than 5 percent of the amount of the grant for State 
     administrative costs.

     ``SEC. 6223. STATE DISTRIBUTION OF FUNDS.

       ``(a) In General.--A State educational agency that receives 
     a grant under this subpart may use the funds made available 
     through the grant to award grants to eligible local 
     educational agencies to enable the local educational agencies 
     to carry out innovative assistance activities described in 
     section 6131(b).
       ``(b) Local Awards.--
       ``(1) Eligibility.--A local educational agency shall be 
     eligible to receive a grant under this subpart if--
       ``(A) 20 percent or more of the children age 5 through 17 
     that are served by the local educational agency are from 
     families with incomes below the poverty line; and
       ``(B) all of the schools served by the agency are located 
     in a community with a Rural-Urban Continuum Code of 6, 7, 8, 
     or 9, as determined by the Secretary of Agriculture.
       ``(c) Award Basis.--The State educational agency shall 
     award the grants to eligible local educational agencies--
       ``(1) on a competitive basis; or
       ``(2) according to a formula based on the number of 
     students in average daily attendance at schools served by the 
     eligible local educational agencies.

     ``SEC. 6224. APPLICATIONS.

       ``(a) In General.--Each State educational agency and 
     specially qualified agency desiring to receive a grant under 
     this subpart shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may require.
       ``(b) Contents.--At a minimum, such application shall 
     include information on specific measurable goals and 
     objectives to be achieved

[[Page 6168]]

     through the activities carried out through the grant, which 
     may include specific educational goals and objectives 
     relating to--
       ``(1) increased student academic achievement;
       ``(2) decreased student dropout rates; or
       ``(3) such other factors as the State educational agency or 
     specially qualified agency may choose to measure.

     ``SEC. 6225. ACCOUNTABILITY.

       ``(a) State Reports.--Each State educational agency that 
     receives a grant under this subpart shall prepare and submit 
     to the Secretary an annual report. The report shall 
     describe--
       ``(1) the method the State educational agency used to award 
     grants to eligible local educational agencies under this 
     subpart;
       ``(2) how the local educational agencies used the funds 
     provided under this subpart; and
       ``(3) the degree to which the State made progress toward 
     meeting the goals and objectives described in the application 
     submitted under section 6224.
       ``(b) Specially Qualified Agency Report.--Each specially 
     qualified agency that receives a grant under this subpart 
     shall prepare and submit to the Secretary an annual report. 
     The report shall describe--
       ``(1) how such agency used the funds provided under this 
     subpart; and
       ``(2) the degree to which the agency made progress toward 
     meeting the goals and objectives described in the application 
     submitted under section 6224.
       ``(c) Academic Achievement.--
       ``(1) In general.--Each local educational agency that 
     receives a grant under this subpart for a fiscal year shall--
       ``(A) administer an assessment that is used statewide and 
     is consistent with the assessment described in section 
     1111(b), to assess the academic achievement of students in 
     the schools served by the local educational agency; or
       ``(B) in the case of a local educational agency for which 
     there is no statewide assessment described in subparagraph 
     (A), administer a test, that is selected by the local 
     educational agency, to assess the academic achievement of 
     students in the schools served by the local educational 
     agency.
       ``(2) Special Rule.--Each local educational agency that 
     receives a grant under this subpart shall use the same 
     assessment or test described in paragraph (1) for each year 
     of participation in the program carried out under this 
     subpart.
       ``(d) State Educational Agency Determination Regarding 
     Continuing Participation.--Each State educational agency that 
     receives a grant under this subpart shall--
       ``(1) after the fifth year that a local educational agency 
     in the State participates in the program authorized under 
     this subpart and on the basis of the results of the 
     assessments or tests described in subsection (c), determine 
     whether the students served by the local educational agency 
     participating in the program performed better on the 
     assessments or tests after the fifth year of the 
     participation than the students performed on the assessments 
     or tests after the first year of the participation;
       ``(2) permit only the local educational agencies that 
     participated in the program and served students that 
     performed better on the assessments or tests, as described in 
     paragraph (1), to continue to participate in the program for 
     an additional period of 5 years; and
       ``(3) prohibit the local educational agencies that 
     participated in the program and served students that did not 
     perform better on the assessments or tests, as described in 
     paragraph (1), from participating in the program for a period 
     of 5 years from the date of the determination.

     ``SEC. 6226. SUPPLEMENT NOT SUPPLANT.

       ``Funds made available under this subpart shall be used to 
     supplement and not supplant any other Federal, State, or 
     local education funds.

     ``SEC. 6227. SPECIAL RULE.

       ``No local educational agency may concurrently participate 
     in activities carried out under subpart 1 and activities 
     carried out under this subpart.

              ``PART C--EDUCATION FLEXIBILITY PARTNERSHIPS

     ``SEC. 6301. SHORT TITLE.

       ``This part may be cited as the `Education Flexibility 
     Partnership Act of 2000'.

     ``SEC. 6302. DEFINITIONS.

       ``In this part:
       ``(1) Eligible school attendance area; school attendance 
     area.--The terms `eligible school attendance area' and 
     `school attendance area' have the meanings given the terms in 
     section 1113(a)(2).
       ``(2) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, and each outlying area.

     ``SEC. 6303. EDUCATION FLEXIBILITY PARTNERSHIP.

       ``(a) Educational Flexibility Program.--
       ``(1) Program authorized.--
       ``(A) In general.--The Secretary may carry out an 
     educational flexibility program under which the Secretary 
     authorizes a State educational agency that serves an eligible 
     State to waive statutory or regulatory requirements 
     applicable to one or more programs described in subsection 
     (b), other than requirements described in subsection (c), for 
     any local educational agency or school within the State.
       ``(B) Designation.--Each eligible State participating in 
     the program described in subparagraph (A) shall be known as 
     an `Ed-Flex Partnership State'.
       ``(2) Eligible state.--For the purpose of this section the 
     term `eligible State' means a State that--
       ``(A) has--
       ``(i) developed and implemented the challenging State 
     content standards, challenging State student performance 
     standards, and aligned assessments described in section 
     1111(b), and for which local educational agencies in the 
     State are producing the individual school performance 
     profiles required by section 1116(a)(3); or
       ``(ii)(I) developed and implemented the content standards 
     described in clause (i);
       ``(II) developed and implemented interim assessments; and
       ``(III) made substantial progress (as determined by the 
     Secretary) toward developing and implementing the performance 
     standards and final aligned assessments described in clause 
     (i), and toward having local educational agencies in the 
     State produce the profiles described in clause (i);
       ``(B) holds local educational agencies and schools 
     accountable for meeting the educational goals described in 
     the local applications submitted under paragraph (4), and for 
     engaging in technical assistance and corrective actions 
     consistent with section 1116, for the local educational 
     agencies and schools that do not make adequate yearly 
     progress as described in section 1111(b)(2); and
       ``(C) waives State statutory or regulatory requirements 
     relating to education while holding local educational 
     agencies or schools within the State that are affected by 
     such waivers accountable for the performance of the students 
     who are affected by such waivers.
       ``(3) State application.--
       ``(A) In general.--Each State educational agency desiring 
     to participate in the educational flexibility program under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may reasonably require. Each such application 
     shall demonstrate that the eligible State has adopted an 
     educational flexibility plan for the State that includes--
       ``(i) a description of the process the State educational 
     agency will use to evaluate applications from local 
     educational agencies or schools requesting waivers of--

       ``(I) Federal statutory or regulatory requirements as 
     described in paragraph (1)(A); and
       ``(II) State statutory or regulatory requirements relating 
     to education;

       ``(ii) a detailed description of the State statutory and 
     regulatory requirements relating to education that the State 
     educational agency will waive;
       ``(iii) a description of clear educational objectives the 
     State intends to meet under the educational flexibility plan;
       ``(iv) a description of how the educational flexibility 
     plan is consistent with and will assist in implementing the 
     State comprehensive reform plan or, if a State does not have 
     a comprehensive reform plan, a description of how the 
     educational flexibility plan is coordinated with activities 
     described in section 1111(b);
       ``(v) a description of how the State educational agency 
     will evaluate, consistent with the requirements of title I, 
     the performance of students in the schools and local 
     educational agencies affected by the waivers; and
       ``(vi) a description of how the State educational agency 
     will meet the requirements of paragraph (8).
       ``(B) Approval and considerations.--The Secretary may 
     approve an application described in subparagraph (A) only if 
     the Secretary determines that such application demonstrates 
     substantial promise of assisting the State educational agency 
     and affected local educational agencies and schools within 
     the State in carrying out comprehensive educational reform, 
     after considering--
       ``(i) the eligibility of the State as described in 
     paragraph (2);
       ``(ii) the comprehensiveness and quality of the educational 
     flexibility plan described in subparagraph (A);
       ``(iii) the ability of the educational flexibility plan to 
     ensure accountability for the activities and goals described 
     in such plan;
       ``(iv) the degree to which the State's objectives described 
     in subparagraph (A)(iii)--

       ``(I) are clear and have the ability to be assessed; and
       ``(II) take into account the performance of local 
     educational agencies or schools, and students, particularly 
     those affected by waivers;

       ``(v) the significance of the State statutory or regulatory 
     requirements relating to education that will be waived; and
       ``(vi) the quality of the State educational agency's 
     process for approving applications for waivers of Federal 
     statutory or regulatory requirements as described in 
     paragraph (1)(A) and for monitoring and evaluating the 
     results of such waivers.
       ``(4) Local application.--
       ``(A) In general.--Each local educational agency or school 
     requesting a waiver of a Federal statutory or regulatory 
     requirement as described in paragraph (1)(A) and any relevant 
     State statutory or regulatory requirement from a State 
     educational agency shall submit an application to the State 
     educational agency at such time, in such manner, and 
     containing such information as the State educational agency 
     may reasonably require. Each such application shall--
       ``(i) indicate each Federal program affected and each 
     statutory or regulatory requirement that will be waived;

[[Page 6169]]

       ``(ii) describe the purposes and overall expected results 
     of waiving each such requirement;
       ``(iii) describe, for each school year, specific, 
     measurable, educational goals for each local educational 
     agency or school affected by the proposed waiver, and for the 
     students served by the local educational agency or school who 
     are affected by the waiver;
       ``(iv) explain why the waiver will assist the local 
     educational agency or school in reaching such goals; and
       ``(v) in the case of an application from a local 
     educational agency, describe how the local educational agency 
     will meet the requirements of paragraph (8).
       ``(B) Evaluation of applications.--A State educational 
     agency shall evaluate an application submitted under 
     subparagraph (A) in accordance with the State's educational 
     flexibility plan described in paragraph (3)(A).
       ``(C) Approval.--A State educational agency shall not 
     approve an application for a waiver under this paragraph 
     unless--
       ``(i) the local educational agency or school requesting 
     such waiver has developed a local reform plan that is 
     applicable to such agency or school, respectively;
       ``(ii) the waiver of Federal statutory or regulatory 
     requirements as described in paragraph (1)(A) will assist the 
     local educational agency or school in reaching its 
     educational goals, particularly goals with respect to school 
     and student performance; and
       ``(iii) the State educational agency is satisfied that the 
     underlying purposes of the statutory requirements of each 
     program for which a waiver is granted will continue to be 
     met.
       ``(D) Termination.--The State educational agency shall 
     annually review the performance of any local educational 
     agency or school granted a waiver of Federal statutory or 
     regulatory requirements as described in paragraph (1)(A) in 
     accordance with the evaluation requirement described in 
     paragraph (3)(A)(v), and shall terminate any waiver granted 
     to the local educational agency or school if the State 
     educational agency determines, after notice and an 
     opportunity for a hearing, that the local educational agency 
     or school's performance with respect to meeting the 
     accountability requirement described in paragraph (2)(C) and 
     the goals described in paragraph (4)(A)(iii)--
       ``(i) has been inadequate to justify continuation of such 
     waiver; or
       ``(ii) has decreased for two consecutive years, unless the 
     State educational agency determines that the decrease in 
     performance was justified due to exceptional or 
     uncontrollable circumstances.
       ``(5) Oversight and reporting.--
       ``(A) Oversight.--Each State educational agency 
     participating in the educational flexibility program under 
     this section shall annually monitor the activities of local 
     educational agencies and schools receiving waivers under this 
     section.
       ``(B) State reports.--
       ``(i) Annual reports.--The State educational agency shall 
     submit to the Secretary an annual report on the results of 
     such oversight and the impact of the waivers on school and 
     student performance.
       ``(ii) Performance data.--Not later than 2 years after the 
     date a State is designated an Ed- Flex Partnership State, 
     each such State shall include, as part of the State's annual 
     report submitted under clause (i), data demonstrating the 
     degree to which progress has been made toward meeting the 
     State's educational objectives. The data, when applicable, 
     shall include--

       ``(I) information on the total number of waivers granted 
     for Federal and State statutory and regulatory requirements 
     under this section, including the number of waivers granted 
     for each type of waiver;
       ``(II) information describing the effect of the waivers on 
     the implementation of State and local educational reforms 
     pertaining to school and student performance;
       ``(III) information describing the relationship of the 
     waivers to the performance of schools and students affected 
     by the waivers; and
       ``(IV) an assurance from State program managers that the 
     data reported under this section are reliable, complete, and 
     accurate, as defined by the State, or a description of a plan 
     for improving the reliability, completeness, and accuracy of 
     such data as defined by the State.

       ``(C) Secretary's reports.--The Secretary, not later than 2 
     years after the date of enactment of the Education 
     Flexibility Partnership Act of 1999 and annually thereafter, 
     shall--
       ``(i) make each State report submitted under subparagraph 
     (B) available to Congress and the public; and
       ``(ii) submit to Congress a report that summarizes the 
     State reports and describes the effects that the educational 
     flexibility program under this section had on the 
     implementation of State and local educational reforms and on 
     the performance of students affected by the waivers.
       ``(6) Duration of federal waivers.--
       ``(A) In general.--The Secretary shall not approve the 
     application of a State educational agency under paragraph (3) 
     for a period exceeding 5 years, except that the Secretary may 
     extend such period if the Secretary determines that such 
     agency's authority to grant waivers--
       ``(i) has been effective in enabling such State or affected 
     local educational agencies or schools to carry out their 
     State or local reform plans and to continue to meet the 
     accountability requirement described in paragraph (2)(C); and
       ``(ii) has improved student performance.
       ``(B) Performance review.--Three years after the date a 
     State is designated an Ed-Flex Partnership State, the 
     Secretary shall review the performance of the State 
     educational agency in granting waivers of Federal statutory 
     or regulatory requirements as described in paragraph (1)(A) 
     and shall terminate such agency's authority to grant such 
     waivers if the Secretary determines, after notice and an 
     opportunity for a hearing, that such agency's performance 
     (including performance with respect to meeting the objectives 
     described in paragraph (3)(A)(iii)) has been inadequate to 
     justify continuation of such authority.
       ``(C) Renewal.--In deciding whether to extend a request for 
     a State educational agency's authority to issue waivers under 
     this section, the Secretary shall review the progress of the 
     State educational agency to determine if the State 
     educational agency--
       ``(i) has made progress toward achieving the objectives 
     described in the application submitted pursuant to paragraph 
     (3)(A)(iii); and
       ``(ii) demonstrates in the request that local educational 
     agencies or schools affected by the waiver authority or 
     waivers have made progress toward achieving the desired 
     results described in the application submitted pursuant to 
     paragraph (4)(A)(iii).
       ``(7) Authority to issue waivers.--Notwithstanding any 
     other provision of law, the Secretary is authorized to carry 
     out the educational flexibility program under this section 
     for each of the fiscal years 1999 through 2004.
       ``(8) Public notice and comment.--Each State educational 
     agency seeking waiver authority under this section and each 
     local educational agency seeking a waiver under this 
     section--
       ``(A) shall provide the public with adequate and efficient 
     notice of the proposed waiver authority or waiver, consisting 
     of a description of the agency's application for the proposed 
     waiver authority or waiver in a widely read or distributed 
     medium, including a description of any improved student 
     performance that is expected to result from the waiver 
     authority or waiver;
       ``(B) shall provide the opportunity for parents, educators, 
     and all other interested members of the community to comment 
     regarding the proposed waiver authority or waiver;
       ``(C) shall provide the opportunity described in 
     subparagraph (B) in accordance with any applicable State law 
     specifying how the comments may be received, and how the 
     comments may be reviewed by any member of the public; and
       ``(D) shall submit the comments received with the agency's 
     application to the Secretary or the State educational agency, 
     as appropriate.
       ``(b) Included Programs.--The statutory or regulatory 
     requirements referred to in subsection (a)(1)(A) are any such 
     requirements for programs carried out under the following 
     provisions:
       ``(1) Title I (other than subsections (a) and (c) of 
     section 1116).
       ``(2) Subparts 1, 2, and 3 of part A of title II.
       ``(3) Subpart 2 of part A of title V (other than section 
     5136).
       ``(4) Part A of title IV.
       ``(5) Part A of title VI.
       ``(6) Part C of title VII.
       ``(7) The Carl D. Perkins Vocational and Technical 
     Education Act of 1998.
       ``(c) Waivers Not Authorized.--The Secretary and the State 
     educational agency may not waive under subsection (a)(1)(A) 
     any statutory or regulatory requirement--
       ``(1) relating to--
       ``(A) maintenance of effort;
       ``(B) comparability of services;
       ``(C) equitable participation of students and professional 
     staff in private schools;
       ``(D) parental participation and involvement;
       ``(E) distribution of funds to States or to local 
     educational agencies;
       ``(F) serving eligible school attendance areas in rank 
     order under section 1113(a)(3);
       ``(G) the selection of a school attendance area or school 
     under subsections (a) and (b) of section 1113, except that a 
     State educational agency may grant a waiver to allow a school 
     attendance area or school to participate in activities under 
     part A of title I if the percentage of children from low-
     income families in the school attendance area of such school 
     or who attend such school is not less than 10 percentage 
     points below the lowest percentage of such children for any 
     school attendance area or school of the local educational 
     agency that meets the requirements of such subsections (a) 
     and (b);
       ``(H) use of Federal funds to supplement, not supplant, 
     non-Federal funds; and
       ``(I) applicable civil rights requirements; and
       ``(2) unless the underlying purposes of the statutory 
     requirements of the program for which a waiver is granted 
     continue to be met to the satisfaction of the Secretary.
       ``(d) Treatment of Existing Ed-Flex Partnership States.--
       ``(1) In general.--Except as provided in paragraphs (3) and 
     (4), this section shall not apply to a State educational 
     agency that has been granted waiver authority under the 
     provisions of law described in paragraph (2) (as such 
     provisions were in effect on the day before the date of 
     enactment of the Educational Opportunities Act) for the 
     duration of the waiver authority.
       ``(2) Applicable provisions.--The provisions of law 
     referred to in paragraph (1) are as follows:
       ``(A) Section 311(e) of the Goals 2000: Educate America Act 
     (as such section was in effect on the day before the date of 
     enactment of the Educational Opportunities Act).
       ``(B) The proviso referring to such section 311(e) under 
     the heading `education reform' in the Department of Education 
     Appropriations

[[Page 6170]]

     Act, 1996 (Public Law 104-134; 110 Stat. 1321-229).
       ``(3) Special rule.--If a State educational agency granted 
     waiver authority pursuant to the provisions of law described 
     in subparagraph (A) or (B) of paragraph (2) applies to the 
     Secretary for waiver authority under this section--
       ``(A) the Secretary shall review the progress of the State 
     educational agency in achieving the objectives set forth in 
     the application submitted pursuant to section 311(e) of the 
     Goals 2000: Educate America Act (as such section was in 
     effect on the day before the date of enactment of the 
     Educational Opportunities Act); and
       ``(B) the Secretary shall administer the waiver authority 
     granted under this section in accordance with the 
     requirements of this section.
       ``(4) Technology.--In the case of a State educational 
     agency granted waiver authority under the provisions of law 
     described in subparagraph (A) or (B) of paragraph (2), the 
     Secretary shall permit a State educational agency to expand, 
     on or after the date of the enactment of the Educational 
     Opportunities Act, the waiver authority to include programs 
     under subpart 2 of part A of title V (other than section 
     5136).
       ``(e) Publication.--A notice of the Secretary's decision to 
     authorize State educational agencies to issue waivers under 
     this section, including a description of the rationale the 
     Secretary used to approve applications under subsection 
     (a)(3)(B), shall be published in the Federal Register and the 
     Secretary shall provide for the dissemination of such notice 
     to State educational agencies, interested parties (including 
     educators, parents, students, and advocacy and civil rights 
     organizations), and the public.

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

     ``SEC. 6401. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                   ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

       ``(a) Consolidation of Administrative Funds.--
       ``(1) In general.--A State educational agency may 
     consolidate the amounts specifically made available to such 
     agency for State administration under one or more of the 
     programs specified under paragraph (2) if such State 
     educational agency can demonstrate that the majority of such 
     agency's resources come from non-Federal sources.
       ``(2) Applicability.--This section applies to programs 
     under title I, those covered programs described in 
     subparagraphs (C), (D), (E), and (F) of section 3(10).
       ``(b) Use of Funds.--
       ``(1) In general.--A State educational agency shall use the 
     amount available under this section for the administration of 
     the programs included in the consolidation under subsection 
     (a).
       ``(2) Additional uses.--A State educational agency may also 
     use funds available under this section for administrative 
     activities designed to enhance the effective and coordinated 
     use of funds under the programs included in the consolidation 
     under subsection (a), such as--
       ``(A) the coordination of such programs with other Federal 
     and non-Federal programs;
       ``(B) the establishment and operation of peer-review 
     mechanisms under this Act;
       ``(C) the coordinated administration of such programs;
       ``(D) the dissemination of information regarding model 
     programs and practices; and
       ``(E) technical assistance under programs specified in 
     subsection (a)(2).
       ``(c) Records.--A State educational agency that 
     consolidates administrative funds under this section shall 
     not be required to keep separate records, by individual 
     program, to account for costs relating to the administration 
     of programs included in the consolidation under subsection 
     (a).
       ``(d) Review.--To determine the effectiveness of State 
     administration under this section, the Secretary may 
     periodically review the performance of State educational 
     agencies in using consolidated administrative funds under 
     this section and take such steps as the Secretary finds 
     appropriate to ensure the effectiveness of such 
     administration.
       ``(e) Unused Administrative Funds.--If a State educational 
     agency does not use all of the funds available to such agency 
     under this section for administration, such agency may use 
     such funds during the applicable period of availability as 
     funds available under one or more programs included in the 
     consolidation under subsection (a).
       ``(f) Consolidation of Funds for Standards and Assessment 
     Development.--In order to develop challenging State standards 
     and assessments, a State educational agency may consolidate 
     the amounts made available to such agency for such purposes 
     under title I of this Act.

     ``SEC. 6402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

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

     ``SEC. 6403. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

       ``(a) General Authority.--In accordance with regulations of 
     the Secretary, a local educational agency, with the approval 
     of its State educational agency, may consolidate and use for 
     the administration of one or more covered programs for any 
     fiscal year not more than the percentage, established in each 
     covered program, of the total amount available to the local 
     educational agency under such covered programs.
       ``(b) State Procedures.--Not later than one year after the 
     date of enactment of the Educational Opportunities Act, a 
     State educational agency shall, in collaboration with local 
     educational agencies in the State, establish procedures for 
     responding to requests from local educational agencies to 
     consolidate administrative funds under subsection (a) and for 
     establishing limitations on the amount of funds under covered 
     programs that may be used for administration on a 
     consolidated basis.
       ``(c) Conditions.--A local educational agency that 
     consolidates administrative funds under this section for any 
     fiscal year shall not use any other funds under the programs 
     included in the consolidation for administration for that 
     fiscal year.
       ``(d) Uses of Administrative Funds.--A local educational 
     agency that consolidates administrative funds under this 
     section may use such consolidated funds for the 
     administration of covered programs and for the uses described 
     in section 6401(b)(2).
       ``(e) Records.--A local educational agency that 
     consolidates administrative funds under this section shall 
     not be required to keep separate records, by individual 
     covered program, to account for costs relating to the 
     administration of covered programs included in the 
     consolidation.

     ``SEC. 6404. ADMINISTRATIVE FUNDS EVALUATION.

       ``(a) Federal Funds Evaluation.--
       ``(1) In general.--The Secretary shall conduct an 
     evaluation of the use of funds under this Act for the 
     administration, by State and local educational agencies, of 
     all covered programs, including the percentage of grant funds 
     used for such purpose in all covered programs. The evaluation 
     shall examine--
       ``(A) the methods employed by schools, local educational 
     agencies, and State educational agencies to reduce 
     administrative expenses and maximize the use of funds for 
     activities directly affecting student learning; and
       ``(B) the steps which may be taken to assist schools, local 
     educational agencies, and State educational agencies to 
     account for and reduce administrative expenses.
       ``(2) State data.--Beginning in fiscal year 2001 and each 
     succeeding fiscal year thereafter, each State educational 
     agency which receives funds under title I shall submit to the 
     Secretary a report on the use of title I funds for the State 
     administration of activities assisted under title I. Such 
     report shall include the proportion of State administrative 
     funds provided under section 1603 that are expended for--
       ``(A) basic program operation and compliance monitoring;
       ``(B) statewide program services such as development of 
     standards and assessments, curriculum development, and 
     program evaluation; and
       ``(C) technical assistance and other direct support to 
     local educational agencies and schools.
       ``(3) Federal funds evaluation report.--The Secretary shall 
     complete the evaluation conducted under this section not 
     later than July 1, 2004, and shall submit to the President 
     and the appropriate committees of Congress a report regarding 
     such evaluation within 30 days of the completion of such 
     evaluation.

     ``SEC. 6405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE 
                   INTERIOR FUNDS.

       ``(a) General Authority.--
       ``(1) Transfer.--The Secretary shall transfer to the 
     Department of the Interior, as a consolidated amount for 
     covered programs, the Indian education programs under part A 
     of title IX, and the education for homeless children and 
     youth program under subtitle B of title VII of the Stewart B. 
     McKinney Homeless Assistance Act, the amounts allotted to the 
     Department of the Interior under those programs.
       ``(2) Agreement.--
       ``(A) In general.--The Secretary and the Secretary of the 
     Interior shall enter into an agreement, consistent with the 
     requirements of the programs specified in paragraph (1), for 
     the distribution and use of those program funds under terms 
     that the Secretary determines best meet the purposes of those 
     programs.
       ``(B) Requirements.--The agreement shall--
       ``(i) set forth the plans of the Secretary of the Interior 
     for the use of the amount transferred, the steps to be taken 
     to achieve America's Education Goals, and performance 
     measures to assess program effectiveness, including 
     measurable goals and objectives; and
       ``(ii) be developed in consultation with Indian tribes.
       ``(b) Administration.--The Department of the Interior may 
     use not more than 1.5 percent of the funds consolidated under 
     this section for such department's costs related to the 
     administration of the funds transferred under this section.

     ``SEC. 6406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

       ``(a) Unneeded Program Funds.--With the approval of its 
     State educational agency, a local educational agency that 
     determines for any fiscal year that funds under a covered 
     program (other than part A of title I) are not needed for the 
     purpose of that covered program, may use such funds, not to 
     exceed five percent of the total amount of such local 
     educational agency's funds under that covered program, for 
     the purpose of another covered program.
       ``(b) Coordination of Services.--A local educational 
     agency, individual school, or consortium of schools may use a 
     total of not more than five percent of the funds such agency,

[[Page 6171]]

     school, or consortium, respectively, receives under this part 
     for the establishment and implementation of a coordinated 
     services project.

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

     ``SEC. 6501. PURPOSE.

       ``It is the purpose of this part to improve teaching and 
     learning by encouraging greater cross-program coordination, 
     planning, and service delivery under this Act and enhanced 
     integration of programs under this Act with educational 
     activities carried out with State and local funds.

     ``SEC. 6502. OPTIONAL CONSOLIDATED STATE PLANS OR 
                   APPLICATIONS.

       ``(a) General Authority.--
       ``(1) Simplification.--In order to simplify application 
     requirements and reduce the burden for State educational 
     agencies under this Act, the Secretary, in accordance with 
     subsection (b), shall establish procedures and criteria under 
     which a State educational agency may submit a consolidated 
     State plan or a consolidated State application meeting the 
     requirements of this section for--
       ``(A) each of the covered programs in which the State 
     participates; and
       ``(B) the additional programs described in paragraph (2).
       ``(2) Additional programs.--A State educational agency may 
     also include in its consolidated State plan or consolidated 
     State application--
       ``(A) the Even Start program under part B of title I;
       ``(B) the Prevention and Intervention Programs for Youth 
     Who Are Neglected, Delinquent, or At-Risk of Dropping Out 
     under part D of title I;
       ``(C) programs under Public Law 103-239; and
       ``(D) such other programs as the Secretary may designate.
       ``(3) Consolidated applications and plans.--A State 
     educational agency that submits a consolidated State plan or 
     a consolidated State application under this section shall not 
     be required to submit separate State plans or applications 
     under any of the programs to which the consolidated State 
     plan or consolidated State application under this section 
     applies.
       ``(b) Collaboration.--
       ``(1) In general.--In establishing criteria and procedures 
     under this section, the Secretary shall collaborate with 
     State educational agencies and, as appropriate, with other 
     State agencies, local educational agencies, public and 
     private nonprofit agencies, organizations, and institutions, 
     private schools, and representatives of parents, students, 
     and teachers.
       ``(2) Contents.--Through the collaborative process 
     described in subsection (b)(1), the Secretary shall 
     establish, for each program under this Act to which this 
     section applies, the descriptions, information, assurances, 
     and other material required to be included in a consolidated 
     State plan or consolidated State application.
       ``(3) Necessary materials.--The Secretary shall require 
     only descriptions, information, assurances, and other 
     materials that are absolutely necessary for the consideration 
     of the consolidated State plan or consolidated State 
     application.

     ``SEC. 6503. GENERAL APPLICABILITY OF STATE EDUCATIONAL 
                   AGENCY ASSURANCES.

       ``(a) Assurances.--A State educational agency that submits 
     a consolidated State plan or consolidated State application 
     under this Act, whether separately or under section 6502, 
     shall have on file with the Secretary a single set of 
     assurances, applicable to each program for which such plan or 
     application is submitted, that provides that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency, in a nonprofit private agency, 
     institution, or organization, or in an Indian tribe if the 
     law authorizing the program provides for assistance to such 
     entities; and
       ``(B) the public agency, nonprofit private agency, 
     institution, or organization, or Indian tribe will administer 
     such funds and property to the extent required by the 
     authorizing law;
       ``(3) the State will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations, and other recipients 
     responsible for carrying out each program;
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation; and
       ``(C) the adoption of written procedures for the receipt 
     and resolution of complaints alleging violations of law in 
     the administration of such programs;
       ``(4) the State will cooperate in carrying out any 
     evaluation of each such program conducted by or for the 
     Secretary or other Federal officials;
       ``(5) the State will use such fiscal control and fund 
     accounting procedures as will ensure proper disbursement of, 
     and accounting for, Federal funds paid to the State under 
     each such program;
       ``(6) the State will--
       ``(A) make reports to the Secretary as may be necessary to 
     enable the Secretary to perform the Secretary's duties under 
     each such program; and
       ``(B) maintain such records, provide such information to 
     the Secretary, and afford access to the records as the 
     Secretary may find necessary to carry out the Secretary's 
     duties; and
       ``(7) before the plan or application was submitted to the 
     Secretary, the State has afforded a reasonable opportunity 
     for public comment on the plan or application and has 
     considered such comment.
       ``(b) GEPA Provision.--Section 441 of the General Education 
     Provisions Act shall not apply to this part.

     ``SEC. 6504. ADDITIONAL COORDINATION.

       ``(a) Additional Coordination.--In order to explore ways 
     for State educational agencies to reduce administrative 
     burdens and promote the coordination of the education 
     services of this Act with other health and social service 
     programs administered by such agencies, the Secretary is 
     directed to seek agreements with other Federal agencies 
     (including the Departments of Health and Human Services, 
     Justice, Labor and Agriculture) for the purpose of 
     establishing procedures and criteria under which a State 
     educational agency would submit a consolidated State plan or 
     consolidated State application that meets the requirements of 
     the covered programs.
       ``(b) Report.--The Secretary shall report to the relevant 
     committees of Congress not later than 6 months after the date 
     of enactment of the Educational Opportunities Act.

     ``SEC. 6505. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

       ``(a) General Authority.--A local educational agency 
     receiving funds under more than one covered program may 
     submit plans or applications to the State educational agency 
     under such programs on a consolidated basis.
       ``(b) Required Consolidated Plans or Applications.--A State 
     educational agency that has submitted and had approved a 
     consolidated State plan or application under section 6502 may 
     require local educational agencies in the State receiving 
     funds under more than one program included in the 
     consolidated State plan or consolidated State application to 
     submit consolidated local plans or applications under such 
     programs.
       ``(c) Collaboration.--A State educational agency shall 
     collaborate with local educational agencies in the State in 
     establishing procedures for the submission of the 
     consolidated State plans or consolidated State applications 
     under this section.
       ``(d) Necessary Materials.--The State educational agency 
     shall require only descriptions, information, assurances, and 
     other material that are absolutely necessary for the 
     consideration of the local educational agency plan or 
     application.

     ``SEC. 6506. OTHER GENERAL ASSURANCES.

       ``(a) Assurances.--Any applicant other than a State 
     educational agency that submits a plan or application under 
     this Act, whether separately or pursuant to section 6504, 
     shall have on file with the State educational agency a single 
     set of assurances, applicable to each program for which a 
     plan or application is submitted, that provides that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency or in a nonprofit private agency, 
     institution, organization, or Indian tribe, if the law 
     authorizing the program provides for assistance to such 
     entities; and
       ``(B) the public agency, nonprofit private agency, 
     institution, or organization, or Indian tribe will administer 
     such funds and property to the extent required by the 
     authorizing statutes;
       ``(3) the applicant will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations, and other recipients 
     responsible for carrying out each program; and
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation;
       ``(4) the applicant will cooperate in carrying out any 
     evaluation of each such program conducted by or for the State 
     educational agency, the Secretary or other Federal officials;
       ``(5) the applicant will use such fiscal control and fund 
     accounting procedures as will ensure proper disbursement of, 
     and accounting for, Federal funds paid to such applicant 
     under each such program;
       ``(6) the applicant will--
       ``(A) make reports to the State educational agency and the 
     Secretary as may be necessary to enable such agency and the 
     Secretary to perform their duties under each such program; 
     and
       ``(B) maintain such records, provide such information, and 
     afford access to the records as the State educational agency 
     or the Secretary may find necessary to carry out the State 
     educational agency's or the Secretary's duties; and
       ``(7) before the application was submitted, the applicant 
     afforded a reasonable opportunity for public comment on the 
     application and has considered such comment.
       ``(b) GEPA Provision.--Section 442 of the General Education 
     Provisions Act shall not apply to this part.

     ``SEC. 6507. RELATIONSHIP OF STATE AND LOCAL PLANS TO OTHER 
                   PLANS.

       ``(a) State Plans.--Each State plan submitted under the 
     following programs shall be integrated with each other and 
     the State's improvement plan, if any, either approved or 
     being developed, under Public Law 103-239, and the

[[Page 6172]]

     Carl D. Perkins Vocational and Technical Education Act of 
     1998:
       ``(1) Part A of title I (helping disadvantaged children 
     meet high standards).
       ``(2) Part C of title I (education of migratory children).
       ``(3) Title II (professional development).
       ``(4) Title IV (safe and drug-free schools).
       ``(5) Part A of title VI (innovative education program 
     strategies).
       ``(6) Subpart 4 of part A of title IX (Indian education).
       ``(b) Local Plans.--
       ``(1) In general.--Each local educational agency plan 
     submitted under the following programs shall be integrated 
     with each other:
       ``(A) Part A of title I (helping disadvantaged children 
     meet high standards).
       ``(B) Title II (professional development).
       ``(C) Title IV (safe and drug-free schools).
       ``(D) Part A of title VI (innovative education program 
     strategies).
       ``(E) Subpart 1 of part A of title VII (bilingual 
     education).
       ``(F) Part C of title VII (emergency immigrant education).
       ``(G) Subpart 4 of part A of title IX (Indian education).
       ``(2) Plan of operation.--Each plan of operation included 
     in an application submitted by an eligible entity under part 
     B of title I (Even Start) shall be consistent with, and 
     promote the goals of the State plan under section 1111 and 
     the local educational agency plan under section 1112.

                           ``PART F--WAIVERS

     ``SEC. 6601. WAIVERS OF STATUTORY AND REGULATORY 
                   REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (c), 
     the Secretary may waive any statutory or regulatory 
     requirement of this Act for a State educational agency, local 
     educational agency, Indian tribe, or school through a local 
     educational agency, that--
       ``(1) receives funds under a program authorized by this 
     Act; and
       ``(2) requests a waiver under subsection (b).
       ``(b) Request for Waiver.--
       ``(1) In general.--A State educational agency, local 
     educational agency, or Indian tribe which desires a waiver 
     shall submit a waiver request to the Secretary that--
       ``(A) identifies the Federal programs affected by such 
     requested waiver;
       ``(B) describes which Federal requirements are to be waived 
     and how the waiving of such requirements will--
       ``(i) increase the quality of instruction for students; or
       ``(ii) improve the academic performance of students;
       ``(C) if applicable, describes which similar State and 
     local requirements will be waived and how the waiving of such 
     requirements will assist the local educational agencies, 
     Indian tribes or schools, as appropriate, to achieve the 
     objectives described in clauses (i) and (ii) of subparagraph 
     (B);
       ``(D) describes specific, measurable educational 
     improvement goals and expected outcomes for all affected 
     students;
       ``(E) describes the methods to be used to measure progress 
     in meeting such goals and outcomes; and
       ``(F) describes how schools will continue to provide 
     assistance to the same populations served by programs for 
     which waivers are requested.
       ``(2) Additional information.--Such requests--
       ``(A) may provide for waivers of requirements applicable to 
     State educational agencies, local educational agencies, 
     Indian tribes, and schools; and
       ``(B) shall be developed and submitted--
       ``(i)(I) by local educational agencies (on behalf of such 
     agencies and schools) to State educational agencies; and
       ``(II) by State educational agencies (on behalf of, and 
     based upon the requests of, local educational agencies) to 
     the Secretary; or
       ``(ii) by Indian tribes (on behalf of schools operated by 
     such tribes) to the Secretary.
       ``(3) General requirements.--
       ``(A) State educational agencies.--In the case of a waiver 
     request submitted by a State educational agency acting in its 
     own behalf, the State educational agency shall--
       ``(i) provide all interested local educational agencies in 
     the State with notice and a reasonable opportunity to comment 
     on the request;
       ``(ii) submit the comments to the Secretary; and
       ``(iii) provide notice and information to the public 
     regarding the waiver request in the manner that the applying 
     agency customarily provides similar notices and information 
     to the public.
       ``(B) Local educational agencies.--In the case of a waiver 
     request submitted by a local educational agency that receives 
     funds under this Act--
       ``(i) such request shall be reviewed by the State 
     educational agency and be accompanied by the comments, if 
     any, of such State educational agency; and
       ``(ii) notice and information regarding the waiver request 
     shall be provided to the public by the agency requesting the 
     waiver in the manner that such agency customarily provides 
     similar notices and information to the public.
       ``(c) Restrictions.--The Secretary shall not waive under 
     this section any statutory or regulatory requirements 
     relating to--
       ``(1) the allocation or distribution of funds to States, 
     local educational agencies, or other recipients of funds 
     under this Act;
       ``(2) maintenance of effort;
       ``(3) comparability of services;
       ``(4) use of Federal funds to supplement, not supplant, 
     non-Federal funds;
       ``(5) equitable participation of private school students 
     and teachers;
       ``(6) parental participation and involvement;
       ``(7) applicable civil rights requirements;
       ``(8) the requirement for a charter school under part D of 
     title V;
       ``(9) the prohibitions regarding--
       ``(A) State aid in section 10102; or
       ``(B) use of funds for religious worship or instruction in 
     section 10107; or
       ``(10) the selection of a school attendance area or school 
     under subsections (a) and (b) of section 1113, except that 
     the Secretary may grant a waiver to allow a school attendance 
     area or school to participate in activities under part A of 
     title I if the percentage of children from low-income 
     families in the school attendance area of such school or who 
     attend such school is not less than 10 percentage points 
     below the lowest percentage of such children for any school 
     attendance area or school of the local educational agency 
     that meets the requirements of such subsections (a) and (b).
       ``(d) Duration and Extension of Waiver.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     duration of a waiver approved by the Secretary under this 
     section may be for a period not to exceed three years.
       ``(2) Extension.--The Secretary may extend the period 
     described in paragraph (1) if the Secretary determines that--
       ``(A) the waiver has been effective in enabling the State 
     or affected recipients to carry out the activities for which 
     the waiver was requested and the waiver has contributed to 
     improved student performance; and
       ``(B) such extension is in the public interest.
       ``(e) Reports.--
       ``(1) Local waiver.--A local educational agency that 
     receives a waiver under this section shall at the end of the 
     second year for which a waiver is received under this 
     section, and each subsequent year, submit a report to the 
     State educational agency that--
       ``(A) describes the uses of such waiver by such agency or 
     by schools;
       ``(B) describes how schools continued to provide assistance 
     to the same populations served by the programs for which 
     waivers are requested; and
       ``(C) evaluates the progress of such agency and of schools 
     in improving the quality of instruction or the academic 
     performance of students.
       ``(2) State waiver.--A State educational agency that 
     receives reports required under paragraph (1) shall annually 
     submit a report to the Secretary that is based on such 
     reports and contains such information as the Secretary may 
     require.
       ``(3) Indian tribe waiver.--An Indian tribe that receives a 
     waiver under this section shall annually submit a report to 
     the Secretary that--
       ``(A) describes the uses of such waiver by schools operated 
     by such tribe; and
       ``(B) evaluates the progress of such schools in improving 
     the quality of instruction or the academic performance of 
     students.
       ``(4) Report to congress.--Beginning in fiscal year 2001 
     and each subsequent year, the Secretary shall submit to the 
     Committee on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate a report--
       ``(A) summarizing the uses of waivers by State educational 
     agencies, local educational agencies, Indian tribes, and 
     schools; and
       ``(B) describing whether such waivers--
       ``(i) increased the quality of instruction to students; or
       ``(ii) improved the academic performance of students.
       ``(f) Termination of Waivers.--The Secretary shall 
     terminate a waiver under this section if the Secretary 
     determines that the performance of the State or other 
     recipient affected by the waiver has been inadequate to 
     justify a continuation of the waiver or if the waiver is no 
     longer necessary to achieve its original purposes.
       ``(g) Publication.--A notice of the Secretary's decision to 
     grant each waiver under subsection (a) shall be published in 
     the Federal Register and the Secretary shall provide for the 
     dissemination of such notice to State educational agencies, 
     interested parties, including educators, parents, students, 
     advocacy and civil rights organizations, and the public.

              ``PART G--EDUCATION PERFORMANCE PARTNERSHIPS

     ``SEC. 6701. SHORT TITLE.

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

     ``SEC. 6702. PURPOSE.

       The purpose of this part is to create options for States 
     and communities--
       ``(1) to improve the academic achievement of all students, 
     and to focus the resources of the Federal Government on such 
     achievement;
       ``(2) to give States and communities maximum flexibility in 
     determining how to boost academic achievement and implement 
     education reforms;
       ``(3) to hold States and communities accountable for 
     boosting the academic achievement of all students, especially 
     disadvantaged children;
       ``(4) to narrow achievement gaps between the lowest and 
     highest performing groups of students so that no child is 
     left behind;
       ``(5) to give States and local school districts maximum 
     flexibility to determine how to educate

[[Page 6173]]

     students in return for standards of accountability that 
     exceed the requirements of existing Federal law.

     ``SEC. 6703. PERFORMANCE PARTNERSHIP AGREEMENTS.

       ``(a) Agreement Authorized.--A State may, at the option of 
     the State, execute a performance partnership agreement with 
     the Secretary under which the provisions of law described in 
     section 6704(a) shall not apply to such State except as 
     otherwise provided in this part.
       ``(b) Determination of State Participation.--The Governor 
     of a State, in consultation with the individual or body 
     responsible for the education programs of the State under 
     State law, shall determine whether the State shall 
     participate in a performance partnership agreement.
       ``(c) Approval of Performance Partnership Agreement.--
       ``(1) In general.--A performance partnership agreement 
     submitted to the Secretary under this section shall be 
     approved by the Secretary unless the Secretary provides a 
     written notification, within 60 days after receiving the 
     performance partnership agreement, that identifies areas of 
     the agreement that do not comply with the provisions of this 
     part but that are subject to negotiation under paragraph (2).
       ``(2) Negotiations.--
       ``(A) In general.--Not later than 4 months after the date 
     on which a notification is provided to a State under 
     paragraph (1), the Secretary shall complete negotiations with 
     the State concerning the areas of noncompliance identified in 
     the notification.
       ``(B) Peer review.--If the Secretary and the State do not 
     complete negotiations within the 4-month period described in 
     subparagraph (A), the proposed performance partnership 
     agreement involved shall be subject to peer review, except 
     that such 4-month period may be extended for an additional 30 
     days if the Secretary and the State agree to such a 
     continuance.
       ``(3) Resubmission.--A State may resubmit a performance 
     partnership agreement at any time after such agreement is 
     rejected by the Secretary. If the Secretary rejects a 
     performance partnership agreement, a State shall have the 
     opportunity to request peer review of the rejection.
       ``(4) Peer review.--
       ``(A) Establishment of committee.--The Secretary shall 
     establish a peer review committee to conduct a review of a 
     performance partnership agreement as provided for under 
     paragraph (2)(B) or (3).
       ``(B) Reviewers.--The committee shall be composed of 7 
     members, of which--
       ``(i) 2 members shall be appointed by the State submitting 
     the agreement;
       ``(ii) 2 members shall be appointed by the Secretary; and
       ``(iii) 3 members shall be appointed by the National 
     Academy of Sciences.
       ``(C) Responsibilities.--The committee shall review the 
     agreement and, at the discretion of the committee, conduct a 
     site visit.
       ``(D) Recommendations.--The committee shall make advisory 
     recommendations to the Secretary and the State regarding the 
     agreement, not later than 60 days after receiving the 
     agreement.
       ``(E) Decision.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 30 days after receiving the recommendations, the 
     Secretary shall decide whether to approve the agreement.
       ``(ii) Continued negotiations.--Negotiations on the 
     agreement may continue for as long as the Secretary and the 
     State agree.
       ``(d) Terms of Performance Partnership.--Each performance 
     partnership agreement executed pursuant to this part shall 
     meet the following requirements:
       ``(1) Term.--The agreement shall contain a statement that 
     the term of the performance partnership agreement may be not 
     more than 5 years.
       ``(2) Application of program requirements.--The agreement 
     shall state that no program requirements of any program 
     included in the performance partnership agreement shall apply 
     to activities carried out with the program funds, except as 
     otherwise provided in this part.
       ``(3) List.--The agreement shall include a list, provided 
     by the State, of the programs that the State wishes to 
     include in the performance partnership agreement.
       ``(4) Use of funds to improve student achievement.--The 
     agreement shall contain a 5-year plan describing how the 
     State intends to combine and use the funds from programs 
     included in the performance partnership agreement to advance 
     the education priorities of the State, improve student 
     achievement, and narrow achievement gaps between groups of 
     students.
       ``(5) Opportunity for public review and comment.--The 
     agreement shall include information that demonstrates that 
     the State has, as provided for under the laws of the State, 
     provided parents, teachers, and local educational agencies 
     with notice and an opportunity to comment on a proposed 
     performance partnership agreement prior to the submission of 
     such agreement to the Secretary.
       ``(6) Accountability system requirements.--If the State 
     includes any program under part A of title I in the 
     performance partnership agreement the State shall include a 
     certification that--
       ``(A)(i) the State has developed and implemented the 
     challenging State content standards, challenging State 
     student performance standards, and aligned assessments 
     described in section 1111(b); or
       ``(ii) the State has developed and implemented a system to 
     measure the degree of change from 1 school year to the next 
     in student performance on such aligned assessments;
       ``(B) the State has established a system under which 
     assessment information obtained through an assessment or 
     measurement described in subparagraph (A) is disaggregated by 
     race, ethnicity, English proficiency status, and 
     socioeconomic status for the State, each local educational 
     agency, and each school, except that such disaggregation 
     shall not be required in cases in which--
       ``(i) the number of students in any group that would result 
     would be insufficient to yield statistically reliable 
     information; or
       ``(ii) the disaggregated information would reveal the 
     identity of an individual student;
       ``(C) the State has established specific, measurable, 
     student performance objectives for determining adequate 
     yearly progress (referred to in this part as `performance 
     objectives'), including--
       ``(i) a definition of performance considered to be adequate 
     and inadequate by the State on the assessment or measurement 
     instruments described in subparagraph (A) (and (B)), for all 
     students; and
       ``(ii) the objective of improving the performance of all 
     student groups and narrowing gaps in achievement between the 
     lowest and highest performing students; and
       ``(D) the State has developed and implemented a statewide 
     system for holding local educational agencies and schools in 
     the State accountable for student performance on the 
     performance objectives that includes--
       ``(i) a procedure for identifying local educational 
     agencies and schools in need of improvement;
       ``(ii) a procedure for assisting and building capacity in 
     local educational agencies and schools identified as needing 
     improvement, to improve teaching and learning; and
       ``(iii) a procedure for implementing corrective actions if 
     the provision of assistance and capacity building described 
     in clause (ii) is not effective.
       ``(7) Performance goals.--
       ``(A) Student achievement data.--Each State shall 
     establish, and include in the agreement, student performance 
     goals for the 5-year term of the agreement that, at a 
     minimum--
       ``(i) establish a single high standard of performance for 
     all students;
       ``(ii) take into account the progress of students from 
     every local educational agency and school in the State 
     participating in a program subject to the performance 
     partnership agreement;
       ``(iii) measure changes in the percentages of students at 
     selected grade levels meeting specified proficiency levels of 
     achievement (established by the State) in each year of the 
     performance partnership agreement, compared to such 
     percentages in the baseline year (as described in 
     subparagraph (C));
       ``(iv) set annual goals for improving the performance of 
     each group specified in paragraph (6)(B) and for narrowing 
     gaps in performance between the highest and lowest performing 
     students in accordance with section 6710(b); and
       ``(v) require all students served by a local educational 
     agency or school in the State participating in a program 
     subject to the performance partnership agreement to make 
     substantial gains in achievement.
       ``(B) Additional performance indicators.--A State may 
     identify in the performance partnership agreement any 
     additional performance indicator such as graduation, dropout, 
     or attendance rates.
       ``(C) Baseline performance data.--To determine the 
     percentages of students at selected grade levels meeting 
     specified proficiency levels of achievement for the baseline 
     year, the State shall use the most recent achievement data 
     available on the date on which the State and the Secretary 
     execute the performance partnership agreement.
       ``(D) Consistency of performance measures.--A State shall 
     maintain, at a minimum, the same challenging State student 
     performance standards, and consistent aligned assessments or 
     measures, as specified in the performance partnership 
     agreement involved, throughout the term of the agreement.
       ``(8) Annual report.--The agreement shall include an 
     assurance that not later than 2 years after the date of the 
     execution of the performance partnership agreement, and 
     annually thereafter, the State shall disseminate widely to 
     the general public, submit to the Secretary, distribute to 
     print and broadcast media, and post on the Internet, a report 
     that includes--
       ``(A) student performance data obtained through an 
     assessment or measurement conducted under paragraph (6)(A), 
     disaggregated as provided in paragraph (6)(B); and
       ``(B) a detailed description of how the State has used 
     Federal funds to improve student performance and reduce 
     achievement gaps to meet the terms of the performance 
     partnership agreement.
       ``(9) Compliance.--The agreement shall include an assurance 
     that the State educational agency was in compliance with the 
     requirements of this Act as such Act was in effect on the 
     date of enactment of this part.
       ``(10) Alignment with reform plan.--The agreement shall 
     contain an assurance that the plan described in paragraph (4) 
     is aligned with the State's reform plan for elementary and 
     secondary education.
       ``(11) Fiscal responsibilities.--The agreement shall 
     include an assurance that the State will use fiscal control 
     and fund accounting procedures that will ensure proper 
     disbursements

[[Page 6174]]

     of, and accounting for, Federal funds provided to the State 
     under this part.
       ``(12) Implementation schedule.--The agreement shall 
     include a schedule for implementation of the plan described 
     in paragraph (4) that aligns the plan with the school 
     calendar for elementary schools and secondary schools in the 
     State.
       ``(13) Timeline for reporting student performance data.--
     The agreement shall contain a timeline for reporting student 
     performance data obtained through an assessment or 
     measurement conducted under paragraph (6)(A), based on the 
     State's assessment schedule.
       ``(e) Amendment to Performance Partnership Agreement.--
       ``(1) In general.--The State may modify the terms of the 
     performance partnership agreement--
       ``(A) by submitting to the Secretary, and obtaining the 
     approval of the Secretary on, an amendment described in 
     paragraph (2); or
       ``(B) by providing notice to the Secretary of the State's 
     intent to make an amendment described in paragraph (3).
       ``(2) Amendments requiring approval of secretary.--
       ``(A) Withdrawal of programs.--A State may submit to the 
     Secretary an amendment that withdraws a program described in 
     section 6704(a) from the performance partnership agreement. 
     If the Secretary approves the amendment, the requirements of 
     applicable law shall apply for the program withdrawn.
       ``(B) Inclusion of programs.--A State may submit to the 
     Secretary an amendment that includes an additional program 
     described in section 6704(a) in the performance partnership 
     agreement.
       ``(C) Inclusion of performance objectives.--A State may 
     submit to the Secretary an amendment that includes in the 
     agreement an additional performance objective for which local 
     educational agencies and schools in the State will be held 
     accountable.
       ``(3) Amendments not requiring approval of secretary.--A 
     State, in the discretion of the State, may amend the 
     performance partnership agreement to modify any term of the 
     agreement other than a term described in paragraph (2) or 
     subsection (d)(7)(D).

     ``SEC. 6704. TREATMENT OF ELIGIBLE PROGRAMS UNDER AGREEMENTS.

       ``(a) Eligible Programs.--The programs that may be included 
     in a performance partnership agreement under this part are 
     the programs authorized under the following provisions of 
     law:
       ``(1) Part A of title I.
       ``(2) Part B of title I.
       ``(3) Part C of title I.
       ``(4) Section 1502.
       ``(5) Subparts 1, 2, and 3 of part A of title II.
       ``(6) Part B of title III.
       ``(7) Section 5132.
       ``(8) Title VI.
       ``(9) Part C of title VII.
       ``(10) Any other provision of this Act that is not in 
     effect on the date of enactment of the Educational 
     Opportunities Act under which the Secretary provides grants 
     to States on the basis of a formula.
       ``(11) Section 310 of the Department of Education 
     Appropriations Act, 2000.
       ``(12) Title III of the Goals 2000: Educate America Act.
       ``(13) Subtitle B of title VII of the Stewart B. McKinney 
     Homeless Assistance Act.
       ``(b) Excluded Provisions.--Each State entering into a 
     performance partnership agreement under this part shall 
     comply with any statutory or regulatory requirement 
     applicable to a program described in subsection (a) relating 
     to--
       ``(1) maintenance of effort;
       ``(2) comparability of services;
       ``(3) equitable participation of students and professional 
     staff of private schools;
       ``(4) parental participation and involvement;
       ``(5) in the case of a program carried out under part A of 
     title I, the serving of eligible school attendance areas in 
     rank order under section 1113(a)(3);
       ``(6) in the case of a program carried out under part A of 
     title I, the selection of a school attendance area or school 
     under subsections (a) and (b) of section 1113, except that a 
     State may grant a waiver to allow a school attendance area or 
     school to participate in activities under part A of title I 
     of such Act if the percentage of children from low-income 
     families (within the meaning of section 6303(c)(1)(G)) in the 
     school attendance area of such school or who attend such 
     school is not less than 10 percentage points below the lowest 
     percentage of such children for any school attendance area or 
     school served by the local educational agency that meets the 
     requirements of such subsections (a) and (b);
       ``(7) use of Federal funds to supplement, not supplant, 
     non-Federal funds; and
       ``(8) applicable civil rights requirements.
       ``(c) Combination of Funds Under Agreement.--A State that 
     includes programs described in subsection (a) in a 
     partnership performance agreement may combine funds from any 
     or all of the programs without regard to the program 
     requirements of the programs, except--
       ``(1) as otherwise provided in this part; and
       ``(2) that formulas for the program for the allotment of 
     Federal funds to States shall remain in effect except as 
     otherwise provided in Federal law.
       ``(d) Uses of Funds Under Agreement.--Funds made available 
     to a State under this part shall be used for educational 
     purposes, including--
       ``(1) carrying out activities focused on improved student 
     learning;
       ``(2) providing new books;
       ``(3) providing additional technology;
       ``(4) promoting high standards and conducting assessments;
       ``(5) conducting teacher hiring and making improvements in 
     the quality of teaching;
       ``(6) reducing class sizes;
       ``(7) operating alternative schools;
       ``(8) constructing schools;
       ``(9) supporting special education;
       ``(10) operating charter schools;
       ``(11) promoting character education;
       ``(12) conducting dropout prevention activities; and
       ``(13) providing tutoring and remedial help for struggling 
     students.

     ``SEC. 6705. LOCAL PARTICIPATION IN AGREEMENTS.

       ``(a) Nonparticipating State.--
       ``(1) In general.--If a State chooses not to submit a 
     performance partnership agreement under this part, any local 
     educational agency in such State is eligible, at the option 
     of the agency, to submit to the Secretary a performance 
     partnership agreement in accordance with this section.
       ``(2) Agreement.--The terms of a performance partnership 
     agreement between an eligible local educational agency 
     described in this subsection and the Secretary shall specify 
     the programs to be included in the performance partnership 
     agreement, as agreed upon by the State and the agency, from 
     the list specified in section 6704(a).
       ``(b) State Approval.--In submitting a performance 
     partnership agreement to the Secretary, the eligible local 
     educational agency shall provide written documentation from 
     the State in which such agency is located that the State has 
     no objection to the local educational agency's proposal for a 
     performance partnership agreement.
       ``(c) Application.--
       ``(1) In general.--Except as provided in this section, and 
     to the extent practicable, the requirements of this part 
     shall apply to an eligible local educational agency that 
     submits a performance partnership agreement in the same 
     manner and to the same extent as the requirements apply to a 
     State that submits such an agreement.
       ``(2) Exceptions.--Sections 6706 (other than section 
     6706(b)) and 6707 (other than section 6707(d)) shall not 
     apply to the eligible local educational agency.

     ``SEC. 6706. WITHIN STATE DISTRIBUTION OF FUNDS.

       ``(a) In General.--A State that enters into a performance 
     partnership agreement with respect to programs shall 
     distribute the funds from the programs to local educational 
     agencies within the State on the basis of the constitutional 
     and statutory requirements of the State.
       ``(b) Targeting for Programs Under Part A of title I.--If a 
     State includes programs carried out under part A of title I 
     in the performance partnership agreement, sections 1113, 
     1124, 1124A, 1125, 1125A, 1126, and 1127 shall apply under 
     the agreement, except as provided for under part C.

     ``SEC. 6707. STATE ADMINISTRATIVE EXPENDITURES.

       ``(a) Part A Program in Agreement.--A State that includes 
     programs carried out under title I in the State's performance 
     partnership agreement may use not more than 1 percent of the 
     total amount of funds allotted to such State under such 
     programs (as part of the performance partnership agreement) 
     for administrative purposes.
       ``(b) Other Programs in Agreement.--
       ``(1) In general.--With respect to programs included in the 
     performance partnership agreement of the State other than 
     programs carried out under title I, the State may use for 
     administrative purposes, from the total amount of funds 
     allotted to such State under such non-title I programs (as 
     part of the performance partnership agreement)--
       ``(A) for the first school year for which the agreement is 
     in effect, not more than the total amount provided for 
     administration under the programs for the preceding school 
     year;
       ``(B) for the second such school year, not more than 5 
     percent, plus 75 percent of the covered reduction, of the 
     total amount of funds allotted;
       ``(C) for the third such school year, not more than 5 
     percent, plus 50 percent of the covered reduction, of the 
     total amount of funds allotted;
       ``(D) for the fourth such school year, not more than 5 
     percent, plus 25 percent of the covered reduction, of the 
     total amount of funds allotted; and
       ``(E) for the fifth such school year, not more than 5 
     percent of the total amount of funds allotted.
       ``(2) Exception.--Notwithstanding paragraph (1), a State 
     may use not more than 7 percent of the total amount of funds 
     allotted to such State under such non-title I programs (as 
     part of the performance partnership agreement) for 
     administrative and nonadministrative expenses associated with 
     statewide or districtwide initiatives directly affecting 
     classroom learning.
       ``(3) Definition.--In this subsection, the term `covered 
     reduction' means the amount obtained by subtracting--
       ``(A) 5 percent of the total amount of funds allotted to 
     the State under the programs included in the agreement; from
       ``(B) the total amount described in paragraph (1)(A).
       ``(c) Renewal of Agreement.--Upon the renewal of the 
     performance partnership agreement of a State for a subsequent 
     term, the State may use not more than 5 percent of the total 
     amount of funds allotted to such State under the programs 
     included in the performance partnership agreement for 
     administrative purposes.

[[Page 6175]]

       ``(d) Local Educational Agency.--A local educational agency 
     submitting a performance partnership agreement under this 
     part may use not more than 5 percent of the total amount of 
     funds allotted to such agency under the programs included in 
     the performance partnership agreement for administrative 
     purposes.

     ``SEC. 6708. PERFORMANCE REVIEW.

       ``(a) Recommendations for Improvement.--
       ``(1) Review.--At the end of the third year for which a 
     performance partnership agreement is in effect for a State, 
     the Secretary shall prepare a written performance review of 
     the activities carried out under the agreement.
       ``(2) Recommendations.--
       ``(A) In general.--If the Secretary determines, in the 
     performance review that--
       ``(i) the State has failed to carry out the requirements of 
     the agreement;
       ``(ii) the State has failed to implement the State 
     accountability system described in section 6703(d)(6)(D); or
       ``(iii) the State has failed to make adequate progress in 
     improving student performance, as measured through 
     performance objectives,
     the Secretary shall include in the review written 
     recommendations to the State for improvement.
       ``(B) Significant decline in achievement.--If the Secretary 
     determines, in the performance review, that student 
     achievement with respect to the performance objectives of the 
     State has significantly declined, the Secretary shall, after 
     notice and an opportunity for a hearing, terminate the 
     agreement. Such agreement shall not be terminated if the 
     State demonstrates to the Secretary that the decline in 
     student achievement was justified based on exceptional 
     circumstances or circumstances beyond the control of the 
     State.
       ``(b) Withholding of Funds or Termination of Agreement.--
       ``(1) Review.--If the Secretary makes a determination 
     described in subsection (a)(2) in the performance review for 
     a State, not later than 1 year after the date of the 
     determination the Secretary shall prepare a second written 
     performance review for the State of the activities described 
     in subsection (a)(1).
       ``(2) Action.--If the Secretary makes a determination 
     described in subsection (a)(2) in the second performance 
     review for a State, the Secretary may take 1 or more of the 
     following actions:
       ``(A) Withhold a percentage of State administrative funds 
     for programs included in the performance partnership 
     agreement.
       ``(B) Terminate the performance partnership agreement.

     ``SEC. 6709. RENEWAL OF PERFORMANCE PARTNERSHIP AGREEMENT.

       ``(a) Notification.--A State that wishes to renew a 
     performance partnership agreement shall notify the Secretary 
     not later than 6 months before the end of the 5-year term of 
     the agreement.
       ``(b) Renewal Requirements.--The Secretary shall renew the 
     agreement for an additional 5-year term, if--
       ``(1) at the end of the 5-year term described in subsection 
     (a), or as soon after the term as is practicable, the State 
     submits the data required under the agreement; and
       ``(2) the Secretary determines, on the basis of the data, 
     that the State that has made substantial progress toward 
     meeting the performance goals described in section 6703(d)(7) 
     during the 5-year term.

     ``SEC. 6710. CLOSING THE ACHIEVEMENT GAP BONUS AWARDS.

       ``(a) In General.--The Secretary shall provide bonus awards 
     to eligible States (without regard to whether the States 
     participate in a performance partnership agreement) to reward 
     such States for making significant progress in eliminating 
     achievement gaps by raising the achievement levels of the 
     lowest performing student groups.
       ``(b) Eligibility.--
       ``(1) In general.--To be eligible to receive a bonus award 
     under subsection (a), a State shall--
       ``(A) use National Assessment of Educational Progress tests 
     for the 4th and 8th grade levels or another non-State 
     auditing device to measure (with a statistically significant 
     sample of students) student academic progress for purposes of 
     determining the progress made by the State in narrowing the 
     achievement gap between the highest and lowest performing 
     students in the State; and
       ``(B) exceed the national average for reducing the 
     achievement gap between the lowest performing students and 
     the highest performing students in at least 3 of the 4 
     measured categories (math and English at both the 4th and 8th 
     grade levels).
       ``(2) Determination of reduction.--If, at the end of the 
     fifth academic year that begins after performance 
     partnerships are entered into under this part, the Secretary 
     determines that the achievement gap between the lowest 
     performing students and the highest performing students in a 
     State has decreased (as determined under subsection (c)(2)) 
     by a percentage that exceeds the national average for such 
     reduction (as determined under subsection (c)(1)), the 
     Secretary shall award the State the amount described in 
     subsection (e).
       ``(c) Determining the Reduction in Achievement Gap.--
       ``(1) National average.--
       ``(A) In general.--For purposes of determining the national 
     average reduction in the achievement gap between the lowest 
     performing students and the highest performing students, the 
     Secretary shall compare the baseline and final levels of 
     achievement (as determined under subparagraphs (B) and (C)) 
     of--
       ``(i) all those students eligible for free and reduced-
     price lunches under the Richard B. Russell National School 
     Lunch Act in the States described in such subparagraphs; and
       ``(ii) all other students not described in subparagraph (A) 
     in the States described in such subparagraphs;
     in each of the 4 measured categories described in subsection 
     (b)(1)(B).
       ``(B) Baseline level.--For purposes of subparagraph (A), 
     the baseline level of achievement shall be based on the 
     results of the National Assessment of Educational Progress 
     tests of 4th and 8th grade students in both math and reading 
     during the 2001-2002 academic year for all States 
     administering such tests, or the results on another non-State 
     auditing device during the academic year.
       ``(C) Final level.--For purposes of subparagraph (A), the 
     final level of achievement shall be based on the results of 
     the National Assessment of Educational Progress tests of 4th 
     and 8th grade students in both math and reading for all 
     States administering such tests during the fifth academic 
     year in which performance partnerships are entered into under 
     this part, or the results of another non-State auditing 
     device during the calendar year.
       ``(2) State reductions.--
       ``(A) In general.--For purposes of determining the State 
     reduction in the achievement gap between the lowest 
     performing students and the highest performing students, the 
     Secretary shall compare the baseline and final levels of 
     achievement (as determined under subparagraphs (B) and (C)) 
     of--
       ``(i) those students in the State who are eligible for free 
     and reduced-price lunches under the Richard B. Russell 
     National School Lunch Act; and
       ``(ii) other students in the State not described in 
     subparagraph (A);
     in each of the 4 measured categories described in subsection 
     (b)(1)(B).
       ``(B) Baseline level.--For purposes of subparagraph (A), 
     the baseline level of achievement shall be based on the 
     results of the National Assessment of Educational Progress 
     tests of 4th and 8th grade students in both math and reading 
     during the 2001-2002 academic year for the State, or the 
     results on another non-State auditing device during the 
     academic year.
       ``(C) Final level.--For purposes of subparagraph (A), the 
     final level of achievement shall be based on the results of 
     the National Assessment of Educational Progress tests of 4th 
     and 8th grade students in both math and reading for the State 
     during the fifth academic year in which performance 
     partnerships are entered into under this part, or the results 
     on another non-State auditing device during the academic 
     year.
       ``(3) Limitation.--A reduction in the achievement gap 
     between the lowest performing students and the highest 
     performing students that results from a reduction in the 
     achievement levels of the highest performing students shall 
     not be considered a reduction for purposes of this 
     subsection.
       ``(d) Review.--The Secretary shall review the improvement 
     that the State has made in closing the achievement gap, as 
     measured on State assessments.
       ``(e) Amount of Award.--
       ``(1) In general.--The amount described in this subsection 
     with respect to a State described in subsection (b)(2) shall 
     be an amount that bears the same relationship to the amount 
     appropriated under subsection (f) as the number of eligible 
     individuals in the State bears to the total number of 
     eligible individuals in all such States.
       ``(2) Eligible individuals.--In paragraph (1), the term 
     `eligible individuals' means individuals who are at least 5 
     years of age, but less than 17 years of age, and whose family 
     income is below the poverty line applicable to a family of 
     the size.
       ``(3) Poverty line.--In paragraph (2), the term `poverty 
     line' has the meaning given such term in section 673(2) of 
     the Community Services Block Grant Act, including any 
     revision required by such section.
       ``(f) Authorization of Appropriations.--There shall be 
     appropriated $2,500,000,000 for the fifth full fiscal year 
     for which performance partnership agreements are entered into 
     under this part to carry out this section.

     ``SEC. 6711. PERFORMANCE REPORT.

       ``Not later than 60 days after the Secretary receives an 
     annual State report described in section 6703(d)(8), the 
     Secretary shall make the report available to the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Committee on Health, Education, Labor, and Pensions 
     of the Senate.

          ``PART H--ACADEMIC ACHIEVEMENT FOR ALL DEMONSTRATION

     ``SEC. 6801. SHORT TITLE.

       ``This part may be cited as the `Academic Achievement for 
     All Demonstration Act (Straight A's Act)'.

     ``SEC. 6802. PURPOSE.

       ``The purpose of this part is to create options for States 
     and communities--
       ``(1) to improve the academic achievement of all students, 
     and to focus the resources of the Federal Government upon 
     such achievement;
       ``(2) to improve teacher quality and subject matter 
     mastery, especially in mathematics, reading, and science;
       ``(3) to empower parents and schools to effectively address 
     the needs of their children and students;

[[Page 6176]]

       ``(4) to give States and communities maximum freedom in 
     determining how to boost academic achievement and implement 
     education reforms;
       ``(5) to eliminate Federal barriers to implementing 
     effective State and local education programs;
       ``(6) to hold States and communities accountable for 
     boosting the academic achievement of all students, especially 
     disadvantaged children; and
       ``(7) to narrow achievement gaps between the lowest and 
     highest performing groups of students so that no child is 
     left behind.

     ``SEC. 6803. PERFORMANCE AGREEMENT.

       ``(a) Program Authorized.--Not more than 15 States may, at 
     their option, execute a performance agreement with the 
     Secretary under which the provisions of law described in 
     section 6804(a) shall not apply to such State except as 
     otherwise provided in this part. The Secretary shall execute 
     performance partnership agreements with the first 15 States 
     that submit approvable performance agreements under this 
     section.
       ``(b) Local Input.--States shall provide parents, teachers, 
     and local schools and school districts notice and opportunity 
     to comment on any proposed performance agreement prior to 
     submission to the Secretary as provided under general State 
     law notice and comment provisions.
       ``(c) Approval of Performance Agreement.--A performance 
     agreement submitted to the Secretary under this section shall 
     be considered as approved by the Secretary within 60 days 
     after receipt of the performance agreement unless the 
     Secretary provides a written determination to the State that 
     the performance agreement fails to satisfy the requirements 
     of this part before the expiration of the 60-day period.
       ``(d) Terms of Performance Agreement.--Each performance 
     agreement executed pursuant to this part shall include the 
     following provisions:
       ``(1) Term.--A statement that the term of the performance 
     agreement shall be 5 years.
       ``(2) Application of program requirements.--A statement 
     that no program requirements of any program included by the 
     State in the performance agreement shall apply, except as 
     otherwise provided in this part.
       ``(3) List.--A list provided by the State of the programs 
     that the State wishes to include in the performance 
     agreement.
       ``(4) Use of funds to improve student achievement.--A 5-
     year plan describing how the State intends to combine and use 
     the funds from programs included in the performance agreement 
     to advance the education priorities of the State, improve 
     student achievement, and narrow achievement gaps between 
     students.
       ``(5) Accountability requirements.--If a State includes any 
     part of title I in its performance agreement, the State shall 
     include a certification that the State has done the 
     following:
       ``(A)(i) developed and implemented the challenging State 
     content standards, challenging State student performance 
     standards, and aligned assessments described in section 
     1111(b); or
       ``(ii) developed and implemented a system to measure the 
     degree of change from one school year to the next in student 
     performance;
       ``(B) developed and is implementing a statewide 
     accountability system that has been or is reasonably expected 
     to be effective in substantially increasing the numbers and 
     percentages of all students who meet the State's proficient 
     and advanced levels of performance;
       ``(C) established a system under which assessment 
     information may be disaggregated within each State, local 
     educational agency, and school by each major racial and 
     ethnic group, gender, English proficiency status, migrant 
     status, and by economically disadvantaged students as 
     compared to students who are not economically disadvantaged 
     (except that such disaggregation shall not be required in 
     cases in which the number of students in any such group is 
     insufficient to yield statistically reliable information or 
     will reveal the identity of an individual student);
       ``(D) established specific, measurable, numerical 
     performance objectives for student achievement, including a 
     definition of performance considered to be proficient by the 
     State on the academic assessment instruments described under 
     subparagraph (A);
       ``(E) developed and implemented a statewide system for 
     holding its local educational agencies and schools 
     accountable for student performance that includes--
       ``(i) a procedure for identifying local educational 
     agencies and schools in need of improvement, using the 
     assessments described under subparagraph (A);
       ``(ii) assisting and building capacity in local educational 
     agencies and schools identified as in need of improvement to 
     improve teaching and learning; and
       ``(iii) implementing corrective actions after not more than 
     3 years if the assistance and capacity building under clause 
     (ii) is not effective.
       ``(6) Performance goals.--
       ``(A) Student academic achievement.--Each State that 
     includes part A of title I in its performance agreement shall 
     establish annual student performance goals for the 5-year 
     term of the performance agreement that, at a minimum--
       ``(i) establish a single high standard of performance for 
     all students;
       ``(ii) take into account the progress of students from 
     every local educational agency and school in the State;
       ``(iii) are based primarily on the State's challenging 
     content and student performance standards and assessments 
     described under paragraph (5);
       ``(iv) include specific annual improvement goals in each 
     subject and grade included in the State assessment system, 
     which shall include, at a minimum, reading or language arts 
     and mathematics;
       ``(v) compares the proportions of students at levels of 
     performance (as defined by the State) with the proportions of 
     students at the levels in the same grade in the previous 
     school year;
       ``(vi) includes annual numerical goals for improving the 
     performance of each group specified in paragraph (5)(C) and 
     narrowing gaps in performance between the highest and lowest 
     performing students in accordance with section 6810(b); and
       ``(vii) requires all students in the State to make 
     substantial gains in achievement.
       ``(B) Additional indicators of performance.--A State may 
     identify in the performance agreement any additional 
     indicators of performance such as graduation, dropout, or 
     attendance rates.
       ``(C) Consistency of performance measures.--A State shall 
     maintain, at a minimum, the same level of challenging State 
     student performance standards and assessments throughout the 
     term of the performance agreement.
       ``(7) Fiscal responsibilities.--An assurance that the State 
     will use fiscal control and fund accounting procedures that 
     will ensure proper disbursement of, and accounting for, 
     Federal funds paid to the State under this part.
       ``(8) Civil rights.--An assurance that the State will meet 
     the requirements of applicable Federal civil rights laws.
       ``(9) Private school participation.--
       ``(A) Equitable participation.--An assurance that the State 
     will provide for the equitable participation of students and 
     professional staff in private schools.
       ``(B) Application of bypass.--An assurance that sections 
     10104, 10105, and 10106 shall apply to all services and 
     assistance provided under this part in the same manner as 
     such sections apply to services and assistance provided in 
     accordance with section 10103 of such Act.
       ``(10) State financial participation.--An assurance that 
     the State will not reduce the level of spending of State 
     funds for elementary and secondary education during the term 
     of the performance agreement.
       ``(11) Annual reports.--An assurance that not later than 1 
     year after the execution of the performance agreement, and 
     annually thereafter, each State shall disseminate widely to 
     parents and the general public, submit to the Secretary, 
     distribute to print and broadcast media, and post on the 
     Internet, a report that includes--
       ``(A) student academic performance data, disaggregated as 
     provided in paragraph (5)(C); and
       ``(B) a detailed description of how the State has used 
     Federal funds to improve student academic performance and 
     reduce achievement gaps to meet the terms of the performance 
     agreement.
       ``(e) Special Rules.--If a State does not include part A of 
     title I in its performance agreement, the State shall--
       ``(1) certify that the State developed a system to measure 
     the academic performance of all students; and
       ``(2) establish challenging academic performance goals for 
     such other programs in accordance with paragraph (6)(A) of 
     subsection (d), except that clause (vi) of such paragraph 
     shall not apply to such performance agreement.
       ``(f) Amendment to Performance Agreement.--A State may 
     submit an amendment to the performance agreement to the 
     Secretary under the following circumstances:
       ``(1) Reduce scope of performance agreement.--Not later 
     than 1 year after the execution of the performance agreement, 
     a State may amend the performance agreement through a request 
     to withdraw a program from such agreement. If the Secretary 
     approves the amendment, the requirements of existing law 
     shall apply for any program withdrawn from the performance 
     agreement.
       ``(2) Expand scope of performance agreement.--Not later 
     than 1 year after the execution of the performance agreement, 
     a State may amend its performance agreement to include 
     additional programs and performance indicators for which the 
     State will be held accountable.
       ``(3) Approval of amendment.--An amendment submitted to the 
     Secretary under this subsection shall be considered as 
     approved by the Secretary within 60 days after receipt of the 
     amendment unless the Secretary provides a written 
     determination to the State that the performance agreement if 
     amended by the amendment will fail to satisfy the 
     requirements of this part, before the expiration of the 60-
     day period.
       ``(g) Dual Participation Prohibited.--A State or local 
     educational agency shall not enter into an agreement under 
     both this part and part G. A local educational agency shall 
     not enter into an agreement under this part or part G if the 
     State in which the local educational agency is located has 
     entered into an agreement under part G or this part, 
     respectively.

     ``SEC. 6804. ELIGIBLE PROGRAMS.

       ``(a) Eligible Programs.--The provisions of law referred to 
     in section 6803(a) except as otherwise provided in subsection 
     (b), are as follows:
       ``(1) Part A of title I.
       ``(2) Part B of title I.
       ``(3) Part C of title I.
       ``(4) Subparts 1, 2, and 3 of part A of title II.
       ``(5) Part B of title III.
       ``(6) Section 5132.
       ``(7) Title VI.

[[Page 6177]]

       ``(8) Part C of title VII.
       ``(9) Section 307 of the Department of Education 
     Appropriation Act of 1999.
       ``(10) Comprehensive school reform programs as authorized 
     under section 1502 and described on pages 96-99 of the Joint 
     Explanatory Statement of the Committee of Conference included 
     in House Report 105-390 (Conference Report on the Departments 
     of Labor, Health and Human Services, and Education, and 
     Related Agencies Appropriations Act, 1998).
       ``(11) Sections 115 and 116, and parts B and C of title I 
     of the Carl D. Perkins Vocational Technical Education Act.
       ``(12) Subtitle B of title VII of the Stewart B. McKinney 
     Homeless Assistance Act.
       ``(b) Allocations to States.--A State may choose to 
     consolidate funds from any or all of the programs described 
     in subsection (a) without regard to the program requirements 
     of the provisions referred to in such subsection, except that 
     the proportion of funds made available for national programs 
     and allocations to each State for State and local use, under 
     such provisions, shall remain in effect unless otherwise 
     provided.
       ``(c) Uses of Funds.--Funds made available under this part 
     to a State shall be used for any elementary and secondary 
     educational purposes permitted by State law of the 
     participating State.

     ``SEC. 6805. WITHIN-STATE DISTRIBUTION OF FUNDS.

       ``(a) In General.--The distribution of funds from programs 
     included in a performance agreement from a State to a local 
     educational agency within the State shall be determined by 
     the Governor of the State and the State legislature. In a 
     State in which the constitution or State law designates 
     another individual, entity, or agency to be responsible for 
     education, the allocation of funds from programs included in 
     the performance agreement from a State to a local educational 
     agency within the State shall be determined by that 
     individual, entity, or agency, in consultation with the 
     Governor and State Legislature. Nothing in this section shall 
     be construed to supersede or modify any provision of a State 
     constitution or State law.
       ``(b) Local Input.--States shall provide parents, teachers, 
     and local schools and school districts notice and opportunity 
     to comment on the proposed allocation of funds as provided 
     under general State law notice and comment provisions.
       ``(c) Local Hold Harmless of Part A Title 1 Funds.--
       ``(1) In general.--In the case of a State that includes 
     part A of title I in the performance agreement, the agreement 
     shall provide an assurance that each local educational agency 
     shall receive under the performance agreement an amount equal 
     to or greater than the amount such agency received under part 
     A of title I in the fiscal year preceding the fiscal year in 
     which the performance agreement is executed.
       ``(2) Proportionate reduction.--If the amount made 
     available to the State from the Secretary for a fiscal year 
     is insufficient to pay to each local educational agency the 
     amount made available under part A of title I to such agency 
     for the preceding fiscal year, the State shall reduce the 
     amount each local educational agency receives by a uniform 
     percentage.

     ``SEC. 6806. LOCAL PARTICIPATION.

       ``(a) Nonparticipating State.--
       ``(1) In general.--If a State chooses not to submit a 
     performance agreement under this part, any local educational 
     agency in such State is eligible, at the local educational 
     agency's option, to submit to the Secretary a performance 
     agreement in accordance with this section.
       ``(2) Agreement.--The terms of a performance agreement 
     between an eligible local educational agency and the 
     Secretary shall specify the programs to be included in the 
     performance agreement, as agreed upon by the State and the 
     agency, from the list under section 6804(a).
       ``(b) State Approval.--When submitting a performance 
     agreement to the Secretary, an eligible local educational 
     agency described in subsection (a) shall provide written 
     documentation from the State in which such agency is located 
     that the State has no objection to the agency's proposal for 
     a performance agreement.
       ``(c) Application.--
       ``(1) In general.--Except as provided in this section, and 
     to the extent applicable, the requirements of this part shall 
     apply to an eligible local educational agency that submits a 
     performance agreement in the same manner as the requirements 
     apply to a State.
       ``(2) Exceptions.--The following provisions shall not apply 
     to an eligible local educational agency:
       ``(A) Within state distribution formula not applicable.--
     The distribution of funds under section 6805 shall not apply.
       ``(B) State set aside shall not apply.--The State set aside 
     for administrative funds under section 6807 shall not apply.

     ``SEC. 6807. LIMITATIONS ON STATE AND LOCAL EDUCATIONAL 
                   AGENCY ADMINISTRATIVE EXPENDITURES.

       ``(a) In General.--Except as otherwise provided under 
     subsection (b), a State that includes part A of title I in 
     the performance agreement may use not more than 1 percent of 
     such total amount of funds allocated to such State under the 
     programs included in the performance agreement for 
     administrative purposes.
       ``(b) Exception.--A State that does not include part A of 
     title I in the performance agreement may use not more than 3 
     percent of the total amount of funds allocated to such State 
     under the programs included in the performance agreement for 
     administrative purposes.
       ``(c) Local Educational Agency.--A local educational agency 
     participating in this part under a performance agreement 
     under section 6806 may not use for administrative purposes 
     more than 4 percent of the total amount of funds allocated to 
     such agency under the programs included in the performance 
     agreement.

     ``SEC. 6808. PERFORMANCE REVIEW AND PENALTIES.

       ``(a) Mid-Term Performance Review.--If, during the 5-year 
     term of the performance agreement, student achievement 
     significantly declines for three consecutive years in the 
     academic performance categories established in the 
     performance agreement, the Secretary may, after notice and 
     opportunity for a hearing, terminate the agreement
       ``(b) Failure To Meet Terms.--If at the end of the 5-year 
     term of the performance agreement a State has not 
     substantially met the performance goals submitted in the 
     performance agreement, the Secretary shall, after notice and 
     an opportunity for a hearing, terminate the performance 
     agreement and the State shall be required to comply with the 
     program requirements, in effect at the time of termination, 
     for each program included in the performance agreement.
       ``(c) Penalty for Failure To Improve Student Performance.--
     If a State has made no progress toward achieving its 
     performance goals by the end of the term of the agreement, 
     the Secretary may reduce funds for State administrative costs 
     for each program included in the performance agreement by not 
     more than 50 percent for each year of the 2-year period 
     following the end of the term of the performance agreement.

     ``SEC. 6809. RENEWAL OF PERFORMANCE AGREEMENT.

       ``(a) Notification.--A State that wishes to renew its 
     performance agreement shall notify the Secretary of its 
     renewal request not less than 6 months prior to the end of 
     the term of the performance agreement.
       ``(b) Renewal Requirements.--A State that has met or has 
     substantially met its performance goals submitted in the 
     performance agreement at the end of the 5-year term may 
     reapply to the Secretary to renew its performance agreement 
     for an additional 5-year period. Upon the completion of the 
     5-year term of the performance agreement or as soon 
     thereafter as the State submits data required under the 
     agreement, the Secretary shall renew, for an additional 5-
     year term, the performance agreement of any State that has 
     met or has substantially met its performance goals.

     ``SEC. 6810. ACHIEVEMENT GAP REDUCTION REWARDS.

       ``(a) Closing the Gap Reward Fund.--
       ``(1) In general.--To reward States that make significant 
     progress in eliminating achievement gaps by raising the 
     achievement levels of the lowest performing students, the 
     Secretary shall set aside sufficient funds from the Fund for 
     the Improvement of Education under part G of title V to grant 
     a reward to States that meet the conditions set forth in 
     subsection (b) by the end of their 5-year performance 
     agreement.
       ``(2) Reward amount.--The amount of the reward referred to 
     in paragraph (1) shall be not less than 5 percent of funds 
     allocated to the State during the first year of the 
     performance agreement for programs included in the agreement.
       ``(b) Conditions of Performance Reward.--Subject to 
     paragraph (3), a State is eligible to receive a reward under 
     this section as follows:
       ``(1) A State is eligible for such an award if the State 
     reduces by not less than 25 percent, over the 5-year term of 
     the performance agreement, the difference between the 
     percentage of highest and lowest performing groups of 
     students described in section 6803(d)(5)(C) that meet the 
     State's proficient level of performance.
       ``(2) A State is eligible for such an award if a State 
     increases the proportion of two or more groups of students 
     under section 6803(d)(5)(C) that meet State proficiency 
     standards by 25 percent.
       ``(3) A State shall receive such an award if the following 
     requirements are met:
       ``(A) Content areas.--The reduction in the achievement gap 
     or improvement in achievement shall include not less than two 
     content areas, one of which shall be mathematics or reading.
       ``(B) Grades tested.--The reduction in the achievement gap 
     or improvement in achievement shall occur in at least two 
     grade levels.
       ``(c) Rule of Construction.--Student achievement gaps shall 
     not be considered to have been reduced in circumstances where 
     the average academic performance of the highest performing 
     quintile of students has decreased.

     ``SEC. 6811. STRAIGHT A'S PERFORMANCE REPORT.

       ``The Secretary shall make the annual State reports 
     described in section 6803(d)(11) available to the Committee 
     on Education and the Workforce of the House of 
     Representatives and the Committee on Health, Education, Labor 
     and Pensions of the Senate not later than 60 days after the 
     Secretary receives the report.

     ``SEC. 6812. APPLICABILITY OF TITLE X.

       ``To the extent that provisions of title X are inconsistent 
     with this part, this part shall be construed as superseding 
     such provisions.

     ``SEC. 6813. APPLICABILITY OF GENERAL EDUCATION PROVISIONS 
                   ACT.

       ``To the extent that the provisions of the General 
     Education Provisions Act are inconsistent with this part, 
     this part shall be construed as superseding such provisions, 
     except where relating to civil rights, withholding of funds 
     and enforcement authority, and family educational and privacy 
     rights.

[[Page 6178]]



     ``SEC. 6814. APPLICABILITY TO HOME SCHOOLS.

       ``Nothing in this part shall be construed to affect home 
     schools whether or not a home school is treated as a private 
     school or home school under State law.

     ``SEC. 6815. GENERAL PROVISIONS REGARDING NONRECIPIENT, 
                   NONPUBLIC SCHOOLS.

       ``Nothing in this part shall be construed to permit, allow, 
     encourage, or authorize any Federal control over any aspect 
     of any private, religious, or home school, whether or not a 
     home school is treated as a private school or home school 
     under State law.

     ``SEC. 6816. DEFINITIONS.

       ``For the purpose of this part:
       ``(1) All students.--The term `all students' means all 
     students attending public schools or charter schools that are 
     participating in the State's accountability and assessment 
     system.
       ``(2) State.--The term `State' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, and American Samoa.''.

     ``SEC. 6817. EFFECTIVE DATE.

       ``This part shall take effect with respect to funds 
     appropriated for the fiscal year beginning October 1, 
     2000.''.

     SEC. 602. TECHNICAL AND CONFORMING AMENDMENT.

       Section 4(b)(5) of the Education Flexibility Partnership 
     Act of 1999 (20 U.S.C. 5891b(b)(5)) is amended by striking 
     ``Title VI'' and inserting ``Part A of title VI''.

                     TITLE VII--BILINGUAL EDUCATION

     SEC. 701. PURPOSE.

       Section 7102 (20 U.S.C. 7402) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 7102. PURPOSE.'';

       (2) by striking subsections (a) and (b); and
       (3) in subsection (c)--
       (A) by striking ``(c) Purpose.--The'' and inserting 
     ``The'';
       (B) in the matter preceding paragraph (1), by striking ``to 
     educate limited English proficient children and youth to'' 
     and inserting ``to help ensure that limited English 
     proficient students master English and'';
       (C) by striking paragraph (1) and inserting the following:
       ``(1) promoting systemic improvement and reform of, and 
     developing accountability systems for, educational programs 
     serving limited English proficient students;''; and
       (D) in paragraph (2), by inserting ``fully'' before 
     ``developing''.

     SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

       Section 7103(a) (20 U.S.C. 7403(a)) is amended by striking 
     ``$215,000,000 for the fiscal year 1995'' and inserting 
     ``$300,000,000 for fiscal year 2001''.

     SEC. 703. REPEAL OF PROGRAM DEVELOPMENT AND IMPLEMENTATION 
                   GRANTS.

       (a) In General.--Section 7112 (20 U.S.C. 7422) is repealed.
       (b) Conforming Amendment.--Section 7111 (20 U.S.C. 7421) is 
     amended, in the matter preceding paragraph (1), by striking 
     ``7112, 7113, 7114, and 7115'' and inserting ``7113 and 
     7114''.

     SEC. 704. PROGRAM ENHANCEMENT PROJECTS.

       (a) Purpose.--Section 7113 (20 U.S.C. 7423) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Purpose.--The purpose of this section is to--
       ``(1) provide grants to eligible entities to provide 
     innovative, locally designed, high quality instruction to 
     children and youth of limited English proficiency;
       ``(2) help children and youth develop proficiency in the 
     English language by expanding or strengthening instructional 
     programs; and
       ``(3) help children and youth attain the standards 
     established under section 1111(b).''.
       (b) Program Authorized.--Section 7113(b) (20 U.S.C. 
     7423(b)) is amended--
       (1) in paragraph (1)(B), by striking ``two'' and inserting 
     ``3''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Authorized activities.--(A) Grants awarded under this 
     section shall be used for--
       ``(i) developing, implementing, expanding, or enhancing 
     comprehensive preschool, elementary, or secondary education 
     programs for limited English proficient children and youth, 
     that are--
       ``(I) aligned with State and local content and student 
     performance standards, and local school reform efforts; and
       ``(II) coordinated with related services for children and 
     youth;
       ``(ii) providing high quality professional development to 
     classroom teachers, administrators, and other school or 
     community-based organization personnel to improve the 
     instruction and assessment of limited English proficient 
     students; and
       ``(iii) annually assessing the English proficiency of all 
     limited English proficient students served by activities 
     carried out under this section.
       ``(B) Grants awarded under this section may be used for--
       ``(i) implementing programs to upgrade the reading and 
     other academic skills of limited English proficient students;
       ``(ii) developing accountability systems to monitor the 
     academic progress of limited English proficient and formerly 
     limited English proficient students;
       ``(iii) implementing family education programs and parent 
     outreach and training activities designed to assist parents 
     to become active participants in the education of their 
     children;
       ``(iv) improving the instructional programs for limited 
     English proficient students by identifying, acquiring, and 
     applying effective curricula, instructional materials 
     (including materials provided through technology), and 
     assessments that are all aligned with State and local 
     standards;
       ``(v) providing intensified instruction, including 
     tutorials and academic or career counseling, for children and 
     youth who are limited English proficient;
       ``(vi) adapting best practice models for meeting the needs 
     of limited English proficient students;
       ``(vii) assisting limited English proficient students with 
     disabilities;
       ``(viii) implementing applied learning activities such as 
     service learning to enhance and support comprehensive 
     elementary and secondary bilingual education programs; and
       ``(ix) carrying out such other activities, consistent with 
     the purpose of this part, as the Secretary may approve.''.
       (c) Priority.--Section 7113 (20 U.S.C. 7423) is amended by 
     adding at the end the following:
       ``(d) Priority.--In awarding grants under this section, the 
     Secretary may give priority to an entity that--
       ``(1) serves a school district--
       ``(A) that has a total district enrollment that is less 
     than 10,000 students; or
       ``(B) with a large percentage or number of limited English 
     proficient students; and
       ``(2) has limited or no experience in serving limited 
     English proficient students.''.

     SEC. 705. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT 
                   GRANTS.

       Section 7114 (20 U.S.C. 7424) is amended to read as 
     follows:

     ``SEC. 7114. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT 
                   GRANTS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to provide financial assistance to schools and local 
     educational agencies for implementing bilingual education 
     programs, in coordination with programs carried out under 
     title I, for children and youth of limited English 
     proficiency;
       ``(2) to assist limited English proficient students to meet 
     the standards established under section 1111(b); and
       ``(3) to improve, reform, and upgrade relevant 
     instructional programs and operations, in schools and local 
     educational agencies, that serve significant percentages of 
     students with limited English proficiency or significant 
     numbers of such students.
       ``(b) Authorized Activities.--
       ``(1) Authority.--The Secretary may award grants to 
     eligible entities having applications approved under section 
     7116 to enable such entities to carry out activities 
     described in paragraphs (2) and (3).
       ``(2) Mandatory activities.--Grants awarded under this 
     section shall be used for--
       ``(A) improving instructional programs for limited English 
     proficient students by acquiring and upgrading curriculum and 
     related instructional materials;
       ``(B) aligning the activities carried out under this 
     section with State and local school reform efforts;
       ``(C) providing training, aligned with State and local 
     standards, to school personnel and participating community-
     based organization personnel to improve the instruction and 
     assessment of limited English proficient students;
       ``(D) developing and implementing plans, coordinated with 
     plans for programs carried out under title II of the Higher 
     Education Act of 1965 (where applicable), and title II of 
     this Act (where applicable), to recruit teachers trained to 
     serve limited English proficient students;
       ``(E) implementing culturally and linguistically 
     appropriate family education programs, or parent outreach and 
     training activities, that are designed to assist parents to 
     become active participants in the education of their 
     children;
       ``(F) coordinating the activities carried out under this 
     section with other programs, such as programs carried out 
     under title I;
       ``(G) providing services to meet the full range of the 
     educational needs of limited English proficient students;
       ``(H) annually assessing the English proficiency of all 
     limited English proficient students served by the activities 
     carried out under this section; and
       ``(I) developing or improving accountability systems to 
     monitor the academic progress of limited English proficient 
     students.
       ``(3) Permissible activities.--Grants awarded under this 
     section may be used for--
       ``(A) implementing programs to upgrade reading and other 
     academic skills of limited English proficient students;
       ``(B) developing and using educational technology to 
     improve learning, assessments, and accountability to meet the 
     needs of limited English proficient students;
       ``(C) implementing research-based programs to meet the 
     needs of limited English proficient students;
       ``(D) providing tutorials and academic or career counseling 
     for limited English proficient children and youth;
       ``(E) developing and implementing State and local content 
     and student performance standards for learning English as a 
     second language, as well as for learning other languages;
       ``(F) developing and implementing programs for limited 
     English proficient students to meet the needs of changing 
     populations of such students;

[[Page 6179]]

       ``(G) implementing policies to ensure that limited English 
     proficient students have access to other education programs 
     (other than programs designed to address limited English 
     proficiency), such as gifted and talented, vocational 
     education, and special education programs;
       ``(H) implementing programs to meet the needs of limited 
     English proficient students with disabilities;
       ``(I) developing and implementing programs to help all 
     students become proficient in more than 1 language; and
       ``(J) providing such other activities related to the 
     purpose of this part as the Secretary may approve.
       ``(4) Special rule.--A recipient of a grant under this 
     section, before carrying out activities under this section, 
     shall plan, train personnel, develop curricula, and acquire 
     or develop materials, but shall not use funds made available 
     under this section for planning purposes for more than 90 
     days. The recipient shall commence carrying out activities 
     under this section not later than 90 days after the date of 
     receipt of the grant.
       ``(c) Availability of Appropriations.--
       ``(1) Reservation of funds for continued payments.--
       ``(A) Covered grant.--In this paragraph, the term `covered 
     grant' means a grant--
       ``(i) that was awarded under this section, or section 7115, 
     prior to the date of enactment of the Educational 
     Opportunities Act; and
       ``(ii) for which the grant period has not ended.
       ``(B) Reservation.--For any fiscal year that is part of the 
     grant period of a covered grant, the Secretary shall reserve 
     funds for the payments described in subparagraph (C) from the 
     amount appropriated for the fiscal year under section 7103 
     and made available for carrying out this section.
       ``(C) Payments.--The Secretary shall continue to make grant 
     payments to each entity that received a covered grant, for 
     the duration of the grant period of the grant, to carry out 
     activities in accordance with the appropriate section 
     described in subparagraph (A)(i).
       ``(2) Availability.--Of the amount appropriated for a 
     fiscal year under section 7103 that is made available for 
     carrying out this section, and that remains after the 
     Secretary reserves funds for payments under paragraph (1)--
       ``(A) not less than \1/3\ of the remainder shall be used to 
     award grants for activities carried out within an entire 
     school district; and
       ``(B) not less than \2/3\ of the remainder shall be used to 
     award grants for activities carried out within individual 
     schools.
       ``(d) Eligible Entities.--In this section, the term 
     `eligible entity' means--
       (1) 1 or more local educational agencies; or
       (2) 1 or more local educational agencies, in collaboration 
     with an institution of higher education, community-based 
     organization, local educational agency, or State educational 
     agency.''.

     SEC. 706. REPEAL OF SYSTEMWIDE IMPROVEMENT GRANTS.

       Section 7115 (20 U.S.C. 7425) is repealed.

     SEC. 707. APPLICATIONS.

       (a) State Review and Comments.--Section 7116(b) (20 U.S.C. 
     7426(b)) is amended--
       (1) in paragraph (1), by striking ``such'' and inserting 
     ``the written comments of the agency on the''; and
       (2) in paragraph (2)(B)--
       (A) in the matter preceding clause (i), by striking ``how 
     the eligible entity'';
       (B) by striking clause (i) and inserting the following:
       ``(i) how the activities to be carried out under the grant 
     will further the academic achievement and English proficiency 
     of limited English proficient students served under the 
     grant; and''; and
       (C) by striking clause (ii) and inserting the following:
       ``(ii) how the grant application is consistent with the 
     State plan required under section 1111.''.
       (b) Required Documentation.--Section 7116(f) (20 U.S.C. 
     7426(f)) is amended to read as follows:
       ``(f) Required Documentation.--Such application shall 
     include documentation that--
       ``(1) the applicant has the qualified personnel required to 
     develop, administer, and implement the program proposed in 
     the application; and
       ``(2) the leadership personnel of each school participating 
     in the program have been involved in the development and 
     planning of the program in the school.''.
       (c) Contents.--Section 7116(g) (20 U.S.C. 7426(g)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``including data'' and 
     all that follows and inserting the following: ``including--
       ``(i) data on the number of limited English proficient 
     students in the school or school district to be served;
       ``(ii) the characteristics of such students, including--

       ``(I) the native languages of the students;
       ``(II) the proficiency of the students in English and their 
     native language;
       ``(III) achievement data (current as of the date of 
     submission of the application) for the limited English 
     proficient students in--

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

       ``(IV) a comparison of that data for the students with that 
     data for the English proficient peers of the students; and
       ``(V) the previous schooling experiences of the students;

       ``(iii) the professional development needs of the 
     instructional personnel who will provide services for the 
     limited English proficient students under the proposed 
     program; and
       ``(iv) how the services provided through the grant would 
     supplement the basic services provided to limited English 
     proficient students.'';
       (B) in subparagraph (B)--
       (i) in clause (ii)--

       (I) by striking ``, the Goals 2000: Educate America Act''; 
     and
       (II) by striking ``section 14306'' and inserting ``section 
     6506'';

       (ii) by redesignating clauses (ii) through (v) as clauses 
     (iii) through (vi), respectively; and
       (iii) by inserting after clause (i) the following:
       ``(ii) will ensure that the services provided through the 
     program will supplement the basic services the applicant 
     provides to limited English proficient students;''; and
       (C) in subparagraph (E), by striking ``program'' and all 
     that follows and inserting the following: ``program who, 
     individually or in combination, are proficient in--
       ``(i) English, including written, as well as oral, 
     communication skills; and
       ``(ii) the native language of the majority of the students 
     that the teachers teach, if instruction in the program is in 
     the native language as well as English.''; and
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``or 7115''.
       (d) Priorities and Special Rules.--Section 7116(i) (20 
     U.S.C. 7426(i)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Priority.--In approving applications for grants for 
     programs under this subpart, the Secretary shall give 
     priority to an applicant who--
       ``(A) experiences a dramatic increase in the number or 
     percentage of limited English proficient students enrolled in 
     the applicant's programs and has limited or no experience in 
     serving limited English proficient students;
       ``(B) is a local educational agency that serves a school 
     district that has a total district enrollment that is less 
     than 10,000 students;
       ``(C) demonstrates that the applicant has a proven record 
     of success in helping limited English proficient children and 
     youth learn English and meet high academic standards;
       ``(D) proposes programs that provide for the development of 
     bilingual proficiency both in English and another language 
     for all participating students; or
       ``(E) serves a school district with a large percentage or 
     number of limited English proficient students.'';
       (2) by striking paragraphs (2) and (3); and
       (3) by redesignating paragraphs (4) and (5) as paragraphs 
     (2) and (3), respectively.

     SEC. 708. REPEAL OF INTENSIFIED INSTRUCTION.

       Section 7117 (20 U.S.C. 7427) is repealed.

     SEC. 709. REPEAL OF SUBGRANTS, PRIORITY, AND COORDINATION 
                   PROVISIONS.

       Sections 7119 through 7121 (20 U.S.C. 7429-7431) are 
     repealed.

     SEC. 710. EVALUATIONS.

       Section 7123 (20 U.S.C. 7433) is amended to read as 
     follows:

     ``SEC. 7123. EVALUATIONS.

       ``(a) Evaluation.--Each recipient of funds under this 
     subpart for a program shall annually conduct an evaluation of 
     the program and submit to the Secretary a report concerning 
     the evaluation, in the form prescribed by the Secretary.
       ``(b) Use of Evaluation.--Such evaluation shall be used by 
     the grant recipient--
       ``(1) for program improvement;
       ``(2) to further define the program's goals and objectives; 
     and
       ``(3) to determine program effectiveness.
       ``(c) Evaluation Report Components.--In preparing the 
     evaluation reports, the recipient shall--
       ``(1) use the data provided in the application submitted by 
     the recipient under section 7116 as baseline data against 
     which to report academic achievement and gains in English 
     proficiency for students in the program;
       ``(2) disaggregate the results of the evaluation by gender, 
     language groups, and whether the students have disabilities;
       ``(3) include data on the progress of the recipient in 
     achieving the objectives of the program, including data 
     demonstrating the extent to which students served by the 
     program are meeting the State's student performance 
     standards, and including data comparing limited English 
     proficient students with English proficient students with 
     regard to school retention and academic achievement in--
       ``(A) reading and language arts;
       ``(B) English proficiency;
       ``(C) mathematics; and
       ``(D) the native language of the students if the program 
     develops native language proficiency;
       ``(4) include information on the extent that professional 
     development activities carried out through the program have 
     resulted in improved classroom practices and improved student 
     performance;
       ``(5) include a description of how the activities carried 
     out through the program are coordinated and integrated with 
     the other Federal, State, or local programs serving limited 
     English proficient children and youth; and
       ``(6) include such other information as the Secretary may 
     require.''.

     SEC. 711. RESEARCH.

       Section 7132(c)(1) (20 U.S.C. 7452(c)(1)) is amended by 
     striking ``under subpart 1 or 2'' and inserting ``under 
     subpart 1 or 3 or this subpart''.

[[Page 6180]]



     SEC. 712. ACADEMIC EXCELLENCE AWARDS.

       Section 7133 (20 U.S.C. 7453) is amended to read as 
     follows:

     ``SEC. 7133. ACADEMIC EXCELLENCE AWARDS.

       ``(a) Authority.--The Secretary may make grants to State 
     educational agencies to assist the agencies in recognizing 
     local educational agencies and other public and nonprofit 
     entities whose programs have--
       ``(1) demonstrated significant progress in assisting 
     limited English proficient students to learn English 
     according to age appropriate and developmentally appropriate 
     standards; and
       ``(2) demonstrated significant progress in assisting 
     limited English proficient children and youth to meet, 
     according to age appropriate and developmentally appropriate 
     standards, the same challenging State content standards as 
     all children and youth are expected to meet.
       ``(b) Applications.--A State educational agency desiring a 
     grant under this section shall include an application for 
     such grant in the application submitted by the agency under 
     section 7134(e).''.

     SEC. 713. STATE GRANT PROGRAM.

       (a) Grant Amount.--Section 7134(b) (20 U.S.C. 7454(b)) is 
     amended by striking ``$100,000'' and inserting ``$200,000''.
       (b) Use of Funds.--Section 7134(c) (20 U.S.C. 7454(c)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``for programs authorized by this section'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) assist local educational agencies in the State with 
     activities that--
       ``(i) consist of program design, capacity building, 
     assessment of student performance, program evaluation, and 
     development of data collection and accountability systems for 
     limited English proficient students; and
       ``(ii) are aligned with State reform efforts; and''; and
       (C) in subparagraph (B), by striking ``populations and'' 
     and all that follows and inserting ``populations and document 
     the services available to all such populations.'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.

     SEC. 714. NATIONAL CLEARINGHOUSE.

       Section 7135(b) (20 U.S.C. 7455(b)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4)--
       (A) by striking ``described in part A of title XIII''; and
       (B) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) publish, on an annual basis, a list of grant 
     recipients under this title.''.

     SEC. 715. INSTRUCTIONAL MATERIALS DEVELOPMENT.

       Section 7136 (20 U.S.C. 7456) is amended, in the first 
     sentence, by striking the period and inserting ``, and in 
     other low-incidence languages in the United States for which 
     instructional materials are not readily available.''.

     SEC. 716. TRAINING FOR ALL TEACHERS PROGRAM.

       Section 7142 (20 U.S.C. 7472) is amended by striking 
     subsections (b) and (c) and inserting the following:
       ``(b) Authorization.--
       ``(1) Authority.--The Secretary may award grants under this 
     section to--
       ``(A) local educational agencies; or
       ``(B) 1 or more local educational agencies in a consortium 
     with 1 or more State educational agencies, institutions of 
     higher education, or nonprofit organizations.
       ``(2) Duration.--Each grant awarded under this section 
     shall be awarded for a period of not more than 5 years.
       ``(c) Authorized Activities.--
       ``(1) Professional development activities.--Grants awarded 
     under this section shall be used to conduct high-quality, 
     long-term professional development activities relating to 
     meeting the needs of limited English proficient students, 
     which may include--
       ``(A) developing and implementing induction programs for 
     new teachers, including programs that provide mentoring and 
     coaching by trained teachers, and team teaching with 
     experienced teachers;
       ``(B) implementing school-based collaborative efforts among 
     teachers to improve instruction in core academic areas, 
     including reading, for students with limited English 
     proficiency;
       ``(C) coordinating activities with other programs, such as 
     programs carried out under titles I and II and the Head Start 
     Act;
       ``(D) implementing programs that support effective teacher 
     use of education technologies to improve instruction and 
     assessment;
       ``(E) establishing and maintaining local professional 
     networks;
       ``(F) developing curricular materials and assessments for 
     teachers that are aligned with State and local standards and 
     the needs of the limited English proficient students to be 
     served; and
       ``(G) carrying out such other activities as are consistent 
     with the purpose of this section.
       ``(2) Permissible activities.--Activities conducted under 
     this section may include the development of training programs 
     in collaboration with other programs, such as programs 
     authorized under titles I and II, and under the Head Start 
     Act.''.

     SEC. 717. GRADUATE FELLOWSHIPS.

       Section 7145(a) (20 U.S.C. 7475(a)) is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraph (3) as paragraph (2).

     SEC. 718. REPEAL OF PROGRAM REQUIREMENTS.

       Section 7147 (20 U.S.C. 7477) is repealed.

     SEC. 719. PROGRAM EVALUATIONS.

       Section 7149 (20 U.S.C. 7479) is amended to read as 
     follows:

     ``SEC. 7149. PROGRAM EVALUATIONS.

       ``Each recipient of funds under this subpart for a program 
     shall annually conduct an evaluation of the program and 
     submit to the Secretary a report containing the evaluation. 
     Such report shall include information on--
       ``(1) the number of participants served through the 
     program, the number of participants who completed program 
     requirements, and the number of participants who took 
     positions in an instructional setting with limited English 
     proficient students;
       ``(2) the effectiveness of the program in imparting the 
     professional skills necessary for participants to achieve the 
     objectives of the program; and
       ``(3) the teaching effectiveness of graduates of the 
     program or other participants who have completed the 
     program.''.

     SEC. 720. SPECIAL RULE.

       Section 7161 (20 U.S.C. 7491) is amended by striking 
     ``Improving America's Schools Act of 1994'' and inserting 
     ``Educational Opportunities Act''.

     SEC. 721. REPEAL OF FINDING RELATING TO FOREIGN LANGUAGE 
                   ASSISTANCE.

       Section 7202 (20 U.S.C. 7512) is repealed.

     SEC. 722. FOREIGN LANGUAGE ASSISTANCE APPLICATIONS.

       Section 7204(b) (20 U.S.C. 7514(b)) is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(4) make effective use of technology, such as computer-
     assisted instruction, language laboratories, or distance 
     learning, to promote foreign language study;
       ``(5) promote innovative activities such as foreign 
     language immersion, partial foreign language immersion, or 
     content-based instruction; and
       ``(6) are carried out through a consortium comprised of the 
     agency receiving the grant and an elementary school or 
     secondary school.''.

     SEC. 723. EMERGENCY IMMIGRANT EDUCATION PURPOSE.

       Section 7301 (20 U.S.C. 7541) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 7301. PURPOSE.'';

       (2) by striking subsection (a); and
       (3) in subsection (b), by striking ``(b) Purpose.--''.

     SEC. 724. EMERGENCY IMMIGRANT EDUCATION STATE ADMINISTRATIVE 
                   COSTS.

       Section 7302 (20 U.S.C. 7542) is amended by inserting after 
     ``percent'' the following: ``(2 percent if the State 
     educational agency distributes funds received under this part 
     to local educational agencies on a competitive basis)''.

     SEC. 725. CONFORMING AMENDMENTS.

       (a) State Allocations.--Section 7304(a) (20 U.S.C. 7544(a)) 
     is amended by striking ``7301(b)'' and inserting ``7301''.
       (b) Reports.--Section 7308(b) (20 U.S.C. 7548(b)) is 
     amended by striking ``14701'' and inserting ``10201''.

     SEC. 726. EMERGENCY IMMIGRANT EDUCATION AUTHORIZATION OF 
                   APPROPRIATIONS.

       Section 7309 (20 U.S.C. 7549) is amended by striking 
     ``$100,000,000 for fiscal year 1995'' and inserting 
     ``$200,000,000 for fiscal year 2001''.

     SEC. 727. COORDINATION AND REPORTING REQUIREMENTS.

       Section 7405(d) (20 U.S.C. 7575(d)) is amended by striking 
     ``Committee on Labor and Human Resources of the Senate and to 
     the Committee on Education and Labor'' and inserting 
     ``Committee on Health, Education, Labor, and Pensions of the 
     Senate and to the Committee on Education and the Workforce''.

                         TITLE VIII--IMPACT AID

     SEC. 801. SHORT TITLE.

       Title VIII (20 U.S.C. 7701 et seq.) is amended by inserting 
     before section 8001 (20 U.S.C. 7701) the following:

     ``SEC. 8000. SHORT TITLE.

       ``This title may be cited as the `Impact Aid Act'.''.

     SEC. 802. PURPOSE.

       Section 8001 (20 U.S.C. 7701) is amended--
       (1) in paragraph (4), by inserting ``or'' after the 
     semicolon;
       (2) by striking paragraph (5); and
       (3) by redesignating paragraph (6) as paragraph (5).

     SEC. 803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       Section 8002 (20 U.S.C. 7702) is amended--
       (1) in the matter preceding paragraph (1) of subsection 
     (a), by striking ``1999'' and inserting ``2005'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (B), by striking ``ratably reduce the 
     payment to each eligible local educational agency'' and 
     inserting ``calculate the payment for each eligible local 
     educational agency in accordance with subsection (h)''; and
       (B) in subparagraph (C), by inserting ``or this section, 
     whichever is greater'' before the period;

[[Page 6181]]

       (3) by amending subsection (h) to read as follows:
       ``(h) Distribution of Funds When There Are Insufficient 
     Appropriations.--If the amount appropriated under section 
     8014(a) is insufficient to pay the full amount determined 
     under subsection (b) for all local educational agencies for a 
     fiscal year, then the Secretary shall calculate the payments 
     the local educational agencies receive under this section for 
     the fiscal year as follows:
       ``(1) Foundation payments for pre-1995 recipients.--First, 
     the Secretary shall make a foundation payment to each local 
     educational agency that is eligible to receive a payment 
     under this section for the fiscal year and was eligible to 
     receive a payment under section 2 of Public Law 81-874 for 
     any of the fiscal years 1989 through 1994. The Secretary 
     shall make the payment by multiplying 37 percent by the 
     payment the local educational agency was entitled to receive 
     under such section 2 for fiscal year 1994 (or if the local 
     educational agency did not receive a payment for fiscal year 
     1994, the payment that local educational agency was entitled 
     to receive under such section 2 for the most recent fiscal 
     year preceding 1994). If the funds appropriated under section 
     8014(a) for the fiscal year are insufficient to fully fund 
     the foundation payments under this paragraph for the fiscal 
     year, then the Secretary shall ratably reduce the foundation 
     payments to each local educational agency under this 
     paragraph.
       ``(2) Payments for 1995 recipients.--From any funds 
     remaining after making payments under paragraph (1) for the 
     fiscal year for which the calculation is made that are the 
     result of the calculation described in subparagraph (A), the 
     Secretary shall make a payment to each local educational 
     agency that received a payment under this section for fiscal 
     year 1995 in accordance with the following rules:
       ``(A) Calculate the difference between the amount 
     appropriated to carry out this section for fiscal year 1995 
     and the total amount of foundation payments made under 
     paragraph (1) for the fiscal year for which the calculation 
     is made.
       ``(B) Determine the percentage share for each local 
     educational agency that received a payment under this section 
     for fiscal year 1995 by dividing the assessed value of the 
     Federal property of the local educational agency for fiscal 
     year 1995, determined in accordance with subsection (b)(3), 
     by the total national assessed value of the Federal property 
     of all such local educational agencies for fiscal year 1995, 
     as so determined.
       ``(C) Multiply the percentage share described in 
     subparagraph (B) for the local educational agency by the 
     amount determined under subparagraph (A).
       ``(3) Subsection (i) recipients.--From any funds remaining 
     after making payments under paragraphs (1) and (2) for the 
     fiscal year for which the calculation is made, the Secretary 
     shall make payments in accordance with subsection (i).
       ``(4) Remaining funds.--From any funds remaining after 
     making payments under paragraphs (1), (2), and (3) for the 
     fiscal year for which the calculation is made--
       ``(A) the Secretary shall make a payment to each local 
     educational agency that received a foundation payment under 
     paragraph (1) for the fiscal year for which the calculation 
     is made in an amount that bears the same relation to 25 
     percent of the remainder as the amount the local educational 
     agency received under paragraph (1) for the fiscal year for 
     which the calculation is made bears to the amount all local 
     educational agencies received under paragraph (1) for the 
     fiscal year for which the calculation is made; and
       ``(B) the Secretary shall make a payment to each local 
     educational agency that is eligible to receive a payment 
     under this section for the fiscal year for which the 
     calculation is made in an amount that bears the same relation 
     to 75 percent of the remainder as a percentage share 
     determined for the local educational agency (in the same 
     manner as percentage shares are determined for local 
     educational agencies under paragraph (2)(B)) bears to the 
     percentage share determined (in the same manner) for all 
     local educational agencies eligible to receive a payment 
     under this section for the fiscal year for which the 
     calculation is made, except that for the purpose of 
     calculating a local educational agency's assessed value of 
     the Federal property, data from the most current fiscal year 
     shall be used.'';
       (4) in subsection (i)--
       (A) in the subsection heading, by striking ``Priority'' and 
     inserting ``Special''; and
       (B) by amending paragraph (1) to read as follows:
       ``(1) In general.--For any fiscal year beginning with 
     fiscal year 2000 for which the amount appropriated to carry 
     out this section exceeds the amount so appropriated for 
     fiscal year 1996 and for which subsection (b)(1)(B) applies, 
     the Secretary shall use the remainder described in subsection 
     (h)(3) for the fiscal year for which the calculation is made 
     (not to exceed the amount equal to the difference between (A) 
     the amount appropriated to carry out this section for fiscal 
     year 1997 and (B) the amount appropriated to carry out this 
     section for fiscal year 1996) to increase the payment that 
     would otherwise be made under this section to not more than 
     50 percent of the maximum amount determined under subsection 
     (b) for any local educational agency described in paragraph 
     (2).'';
       (5) in subsection (j)--
       (A) in paragraph (2)--
       (i) by striking ``(A) A local'' and inserting ``A local''; 
     and
       (ii) by redesignating clauses (i) through (v) as 
     subparagraphs (A) through (E), respectively; and
       (B) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) by striking the semicolon and inserting a period; and
       (II) by striking ``(A) The maximum'' and inserting ``The 
     maximum''; and

       (ii) by striking subparagraphs (B) and (C); and
       (6) by adding at the end the following:
       ``(l) Data; Preliminary and Final Payments.--The Secretary 
     shall--
       ``(1) require any local educational agency that applied for 
     a payment under subsection (b) for a fiscal year to submit 
     expeditiously such data as may be necessary in order to 
     compute the payment;
       ``(2) as soon as possible after the beginning of any fiscal 
     year, but not later than 60 days after the date of enactment 
     of an Act making appropriations to carry out this title for 
     the fiscal year, provide a preliminary payment under 
     subsection (b) for any local educational agency that applied 
     for a payment under subsection (b) for the fiscal year, that 
     has submitted the data described in paragraph (1), and that 
     was eligible for such a payment for the preceding fiscal 
     year, in the amount of 60 percent of the payment for the 
     previous year; and
       ``(3) make every effort to provide a final payment under 
     subsection (b) for any eligible local educational agency not 
     later than 12 months after the application deadline 
     established under section 8005(c).
       ``(m) Eligibility.--
       ``(1) Old federal property.--Except as provided in 
     paragraph (2), a local educational agency that is eligible to 
     receive a payment under this section for Federal property 
     acquired by the Federal Government before the date of 
     enactment of the Educational Opportunities Act shall be 
     eligible to receive the payment only if the local educational 
     agency submits an application for a payment under this 
     section not later than 5 years after the date of enactment.
       ``(2) Combined federal property.--A local educational 
     agency that is eligible to receive a payment under this 
     section for Federal property acquired by the Federal 
     Government before the date of enactment of the Educational 
     Opportunities Act shall be eligible to receive the payment 
     if--
       ``(A) the Federal property, when combined with other 
     Federal property in the school district served by the local 
     educational agency acquired by the Federal Government after 
     the date of enactment, meets the requirements of subsection 
     (a); and
       ``(B) the local educational agency submits an application 
     for a payment under this section not later than 5 years after 
     the date of acquisition of the Federal property acquired 
     after the date of enactment.
       ``(3) New federal property.--A local educational agency 
     that is eligible to receive a payment under this section for 
     Federal property acquired by the Federal Government after the 
     date of enactment of the Educational Opportunities Act shall 
     be eligible to receive the payment only if the local 
     educational agency submits an application for a payment under 
     this section not later than 5 years after the date of 
     acquisition.''.

     SEC. 804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

       (a) General Amendments.--Section 8003 (20 U.S.C. 7703) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by redesignating subparagraph (E) as subparagraph (F);
       (ii) in subparagraph (D), by striking ``subparagraphs (D) 
     and (E) of paragraph (1) by a factor of .10'' and inserting 
     ``subparagraph (D) of paragraph (1) by a factor of .25''; and
       (iii) by inserting after subparagraph (D) the following:
       ``(E) Multiply the number of children described in 
     subparagraph (E) of paragraph (1) by a factor of .10.'';
       (B) in paragraph (4)--
       (i) in the paragraph heading, by striking ``undergoing 
     renovation'' and inserting ``undergoing renovation or 
     rebuilding'';
       (ii) by striking ``For purposes'' and inserting the 
     following:
       ``(A) In general.--For purposes'';
       (iii) in subparagraph (A) (as designated by subparagraph 
     (B)), by inserting ``or rebuilding'' after ``undergoing 
     renovation''; and
       (iv) by adding at the end the following:
       ``(B) Limitations.--(i)(I) Except as provided in subclause 
     (II), children described in paragraph (1)(D)(i) may be deemed 
     to be children described in paragraph (1)(B) with respect to 
     housing on Federal property undergoing renovation or 
     rebuilding in accordance with subparagraph (A) for a period 
     not to exceed 2 fiscal years.
       ``(II) If the Secretary determines, on the basis of a 
     certification provided to the Secretary by a designated 
     representative of the Secretary of Defense, that the expected 
     completion date of the renovation or rebuilding of the 
     housing has been delayed by not less than 1 year, then--
       ``(aa) in the case of a determination made by the Secretary 
     in the 1st fiscal year described in subclause (I), the time 
     period described in such subclause shall be extended by the 
     Secretary for an additional 2 years; and
       ``(bb) in the case of a determination made by the Secretary 
     in the 2nd fiscal year described in

[[Page 6182]]

     subclause (I), the time period described such subclause shall 
     be extended by the Secretary for an additional 1 year.
       ``(ii) The number of children described in paragraph 
     (1)(D)(i) who are deemed to be children described in 
     paragraph (1)(B) with respect to housing on Federal property 
     undergoing renovation or rebuilding in accordance with 
     subparagraph (A) for any fiscal year may not exceed the 
     maximum number of children who are expected to occupy that 
     housing upon completion of the renovation or rebuilding.''; 
     and
       (C) by adding at the end the following:
       ``(5) Military `build to lease' program housing.--
       ``(A) In general.--For purposes of computing the amount of 
     payment for a local educational agency for children 
     identified under paragraph (1), the Secretary shall consider 
     children residing in housing initially acquired or 
     constructed under the former section 2828(g) of title 10, 
     United States Code (commonly known as the `Build to Lease' 
     program), as added by section 801 of the Military 
     Construction Authorization Act, 1984, to be children 
     described under paragraph (1)(B) if the property described is 
     within the fenced security perimeter of the military facility 
     upon which such housing is situated.
       ``(B) Additional requirements.--If the property described 
     in subparagraph (A) is not owned by the Federal Government, 
     is subject to taxation by a State or political subdivision of 
     a State, and thereby generates revenues for a local 
     educational agency that is applying to receive a payment 
     under this section, then the Secretary--
       ``(i) shall require the local educational agency to provide 
     certification from an appropriate official of the Department 
     of Defense that the property is being used to provide 
     military housing; and
       ``(ii) shall reduce the amount of the payment under this 
     section by an amount equal to the amount of revenue from such 
     taxation received in the second preceding fiscal year by such 
     local educational agency, unless the amount of such revenue 
     was taken into account by the State for such second preceding 
     fiscal year and already resulted in a reduction in the amount 
     of State aid paid to such local educational agency.'';
       (2) in subsection (b)(1), by adding at the end the 
     following:
       ``(D) Data.--If satisfactory data from the third preceding 
     fiscal year are not available for any of the expenditures 
     described in clause (i) or (ii) of subparagraph (C), the 
     Secretary shall use data from the most recent fiscal year for 
     which data that are satisfactory to the Secretary are 
     available.'';
       (3) in subsection (d)(2), by striking ``a free appropriate 
     public education'' and inserting ``services'';
       (4) by amending subsection (e) to read as follows:
       ``(e) Hold Harmless.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     total amount the Secretary shall pay a local educational 
     agency under this section for fiscal year 2001 and each 
     succeeding fiscal year shall not be less than--
       ``(A) the result obtained by dividing the amount received 
     by the local educational agency under this subsection for 
     fiscal year 2000 by the total weighted student units 
     calculated for the local educational agency under subsection 
     (a)(2) for fiscal year 2000; multiplied by
       ``(B) the total weighted student units calculated for the 
     local educational agency under subsection (a)(2) (as such 
     subsection was in effect on the day preceding the date of 
     enactment of the Educational Opportunities Act) for the 
     fiscal year for which the determination is made.
       ``(2) Ratable reductions.--
       ``(A) In general.--If the sums made available under this 
     title for any fiscal year are insufficient to pay the full 
     amounts that all local educational agencies in all States are 
     eligible to receive under paragraph (1) for such year, then 
     the Secretary shall ratably reduce the payments to all such 
     agencies for such year.
       ``(B) Additional funds.--If additional funds become 
     available for making payments under paragraph (1) for such 
     fiscal year, payments that were reduced under subparagraph 
     (A) shall be increased on the same basis as such payments 
     were reduced.'';
       (5) by striking subsections (f) and (g); and
       (6) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (b) Basic Support Payments for Heavily Impacted Local 
     Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Basic Support Payments for Heavily Impacted Local 
     Educational Agencies.--
       ``(A) In general.--(i) From the amount appropriated under 
     section 8014(b) for a fiscal year, the Secretary is 
     authorized to make basic support payments to eligible heavily 
     impacted local educational agencies with children described 
     in subsection (a).
       ``(ii) A local educational agency that receives a basic 
     support payment under this paragraph for a fiscal year shall 
     not be eligible to receive a basic support payment under 
     paragraph (1) for that fiscal year.
       ``(B) Eligibility for continuing heavily impacted local 
     educational agencies.--
       ``(i) In general.--A heavily impacted local educational 
     agency is eligible to receive a basic support payment under 
     subparagraph (A) with respect to a number of children 
     determined under subsection (a)(1) if the agency--

       (I) received an additional assistance payment under 
     subsection (f) (as such subsection was in effect on the day 
     before the date of the enactment of the Educational 
     Opportunities Act) for fiscal year 2000; and
       ``(II)(aa) is a local educational agency whose boundaries 
     are the same as a Federal military installation;
       ``(bb) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency which is not less than 35 
     percent, has a per-pupil expenditure that is less than the 
     average per-pupil expenditure of the State in which the 
     agency is located or the average per-pupil expenditure of all 
     States (whichever average per-pupil expenditure is greater), 
     except that a local educational agency with a total student 
     enrollment of less than 350 students shall be deemed to have 
     satisfied such per-pupil expenditure requirement, and has a 
     tax rate for general fund purposes which is not less than 95 
     percent of the average tax rate for general fund purposes of 
     local educational agencies in the State;
       ``(cc) has an enrollment of children described in 
     subsection (a)(1) that constitutes a percentage of the total 
     student enrollment of the agency which is not less than 30 
     percent, and has a tax rate for general fund purposes which 
     is not less than 125 percent of the average tax rate for 
     general fund purposes for local educational agencies in the 
     State;
       ``(dd) has a total student enrollment of not less than 
     25,000 students, of which not less than 50 percent are 
     children described in subsection (a)(1) and not less than 
     6,000 of such children are children described in 
     subparagraphs (A) and (B) of subsection (a)(1); or
       ``(ee) meets the requirements of subsection (f)(2) applying 
     the data requirements of subsection (f)(4) (as such 
     subsections were in effect on the day before the date of the 
     enactment of the Educational Opportunities Act).

       ``(ii) Loss of eligibility.--A heavily impacted local 
     educational agency that met the requirements of clause (i) 
     for a fiscal year shall be ineligible to receive a basic 
     support payment under subparagraph (A) if the agency fails to 
     meet the requirements of clause (i) for a subsequent fiscal 
     year, except that such agency shall continue to receive a 
     basic support payment under this paragraph for the fiscal 
     year for which the ineligibility determination is made.
       ``(iii) Resumption of eligibility.--A heavily impacted 
     local educational agency described in clause (i) that becomes 
     ineligible under such clause for 1 or more fiscal years may 
     resume eligibility for a basic support payment under this 
     paragraph for a subsequent fiscal year only if the agency 
     meets the requirements of clause (i) for that subsequent 
     fiscal year, except that such agency shall not receive a 
     basic support payment under this paragraph until the fiscal 
     year succeeding the fiscal year for which the eligibility 
     determination is made.
       ``(C) Eligibility for new heavily impacted local 
     educational agencies.--
       ``(i) In general.--A heavily impacted local educational 
     agency that did not receive an additional assistance payment 
     under subsection (f) (as such subsection was in effect on the 
     day before the date of the enactment of the Educational 
     Opportunities Act) for fiscal year 2000 is eligible to 
     receive a basic support payment under subparagraph (A) for 
     fiscal year 2002 and any subsequent fiscal year with respect 
     to a number of children determined under subsection (a)(1) 
     only if the agency is a local educational agency whose 
     boundaries are the same as a Federal military installation, 
     or the agency--

       ``(I) has an enrollment of children described in subsection 
     (a)(1) that constitutes a percentage of the total student 
     enrollment of the agency that--

       ``(aa) is not less than 50 percent if such agency receives 
     a payment on behalf of children described in subparagraphs 
     (F) and (G) of such subsection; or
       ``(bb) is not less than 40 percent if such agency does not 
     receive a payment on behalf of such children;

       ``(II)(aa) for a local educational agency that has a total 
     student enrollment of 350 or more students, has a per-pupil 
     expenditure that is less than the average per-pupil 
     expenditure of the State in which the agency is located; or
       ``(bb) for a local educational agency that has a total 
     student enrollment of less than 350 students, has a per-pupil 
     expenditure that is less than the average per-pupil 
     expenditure of a comparable local educational agency in the 
     State in which the agency is located, as defined in 
     regulations promulgated by the Secretary; and
       ``(III) has a tax rate for general fund purposes that is 
     not less than 95 percent of the average tax rate for general 
     fund purposes of local educational agencies in the State.

       ``(ii) Resumption of eligibility.--A heavily impacted local 
     educational agency described in clause (i) that becomes 
     ineligible under such clause for 1 or more fiscal years may 
     resume eligibility for a basic support payment under this 
     paragraph for a subsequent fiscal year only if the agency is 
     a local educational agency whose boundaries are the same as a 
     Federal military installation, or meets the requirements of 
     clause (i), for that subsequent fiscal year, except that such 
     agency shall continue to receive a basic support payment 
     under this paragraph for the fiscal year for which the 
     ineligibility determination is made.
       ``(iii) Application.--With respect to the first fiscal year 
     for which a heavily impacted local educational agency 
     described in clause (i) applies for a basic support payment 
     under subparagraph (A), or with respect to the first fiscal

[[Page 6183]]

     year for which a heavily impacted local educational agency 
     applies for a basic support payment under subparagraph (A) 
     after becoming ineligible under clause (i) for 1 or more 
     preceding fiscal years, the agency shall apply for such 
     payment at least 1 year prior to the start of that first 
     fiscal year.
       ``(D) Maximum amount for regular heavily impacted local 
     educational agencies.--(i) Except as provided in subparagraph 
     (E), the maximum amount that a heavily impacted local 
     educational agency is eligible to receive under this 
     paragraph for any fiscal year is the sum of the total 
     weighted student units, as computed under subsection (a)(2) 
     and subject to clause (ii), multiplied by the greater of--
       ``(I) four-fifths of the average per-pupil expenditure of 
     the State in which the local educational agency is located 
     for the third fiscal year preceding the fiscal year for which 
     the determination is made; or
       ``(II) four-fifths of the average per-pupil expenditure of 
     all of the States for the third fiscal year preceding the 
     fiscal year for which the determination is made.
       ``(ii)(I) For a local educational agency with respect to 
     which 35 percent or more of the total student enrollment of 
     the schools of the agency are children described in 
     subparagraph (D) or (E) (or a combination thereof) of 
     subsection (a)(1), the Secretary shall calculate the weighted 
     student units of such children for purposes of subsection 
     (a)(2) by multiplying the number of such children by a factor 
     of 0.55.
       ``(II) For a local educational agency that has an 
     enrollment of 100 or fewer children described in subsection 
     (a)(1), the Secretary shall calculate the total number of 
     weighted student units for purposes of subsection (a)(2) by 
     multiplying the number of such children by a factor of 1.75.
       ``(III) For a local educational agency that has an 
     enrollment of more than 100 but not more than 750 children 
     described in subsection (a)(1), the Secretary shall calculate 
     the total number of weighted student units for purposes of 
     subsection (a)(2) by multiplying the number of such children 
     by a factor of 1.25.
       ``(iii) Notwithstanding subsection (a)(3), the Secretary 
     shall compute the payment for a heavily impacted local 
     educational agency under this subparagraph for all children 
     described in subsection (a)(1) that are served by the agency.
       ``(E) Maximum amount for large heavily impacted local 
     educational agencies.--(i)(I) Subject to clause (ii), the 
     maximum amount that a heavily impacted local educational 
     agency described in subclause (II) is eligible to receive 
     under this paragraph for any fiscal year shall be determined 
     in accordance with the formula described in paragraph (1)(C).
       ``(II) A heavily impacted local educational agency 
     described in this subclause is a local educational agency 
     that has a total student enrollment of not less than 25,000 
     students, of which not less than 50 percent are children 
     described in subsection (a)(1) and not less than 6,000 of 
     such children are children described in subparagraphs (A) and 
     (B) of subsection (a)(1).
       ``(ii) For purposes of calculating the maximum amount 
     described in clause (i), the factor used in determining the 
     weighted student units under subsection (a)(2) with respect 
     to children described in subparagraphs (A) and (B) of 
     subsection (a)(1) shall be 1.35.
       ``(F) Data.--For purposes of providing assistance under 
     this paragraph the Secretary shall use student, revenue, 
     expenditure, and tax data from the third fiscal year 
     preceding the fiscal year for which the local educational 
     agency is applying for assistance under this paragraph.''.
       (c) Payments With Respect to Fiscal Years in Which 
     Insufficient Funds Are Appropriated.--Section 8003(b)(3) (20 
     U.S.C. 7703(b)(3)) (as so redesignated) is amended--
       (1) in subparagraph (A), by striking ``paragraph (1)'' and 
     inserting ``paragraphs (1) and (2)'';
       (2) in subparagraph (B)--
       (A) in the heading, by inserting after ``payments'' the 
     following: ``in lieu of payments under paragraph (1)''; and
       (B) in clause (i)--
       (i) in the matter preceding subclause (I), by inserting 
     before ``by multiplying'' the following: ``in lieu of basic 
     support payments under paragraph (1)''; and
       (ii) in subclause (II), by striking ``(not including 
     amounts received under subsection (f))'';
       (3) by redesignating subparagraph (C) as subparagraph (D);
       (4) by inserting after subparagraph (B) the following:
       ``(C) Learning opportunity threshold payments in lieu of 
     payments under paragraph (2).--For fiscal years described in 
     subparagraph (A), the learning opportunity threshold payment 
     in lieu of basic support payments under paragraph (2) shall 
     be equal to the amount obtained under subparagraph (D) or (E) 
     of paragraph (2), as the case may be.''; and
       (5) in subparagraph (D) (as so redesignated), by striking 
     ``computation made under subparagraph (B)'' and inserting 
     ``computations made under subparagraphs (B) and (C)''.
       (d) Conforming Amendments.--Section 8003 (20 U.S.C. 7703) 
     is amended--
       (1) in the matter preceding subparagraph (A) of subsection 
     (a)(1), by striking ``subsection (b), (d), or (f)'' and 
     inserting ``subsection (b) or (d)'';
       (2) in subsection (b)--
       (A) in paragraph (1)(C), in the matter preceding clause 
     (i), by striking ``this subsection'' and inserting ``this 
     paragraph''; and
       (B) in paragraph (4) (as so redesignated)--
       (i) in subparagraph (A), by striking ``paragraphs (1)(B), 
     (1)(C), and (2) of this subsection'' and inserting 
     ``subparagraphs (B) and (C) of paragraph (1) or subparagraphs 
     (B) through (D) of paragraph (2), as the case may be, 
     paragraph (3) of this subsection''; and
       (ii) in subparagraph (B)--

       (I) by inserting after ``paragraph (1)(C)'' the following: 
     ``or subparagraph (D) or (E) of paragraph (2), as the case 
     may be,''; and
       (II) by striking ``paragraph (2)(B)'' and inserting 
     ``subparagraph (B) or (C) of paragraph (3), as the case may 
     be,'';

       (3) in subsection (c)(1), by striking ``paragraph (2) and 
     subsection (f)'' and inserting ``subsections (b)(1)(D), 
     (b)(2), and paragraph (2)''; and
       (4) in subsection (h), by striking ``section 6'' and all 
     that follows through ``1994)'' and inserting ``section 386 of 
     the National Defense Authorization Act for Fiscal Year 
     1993''.
       (e) Effective Date.--The time limits imposed by the 
     amendments made by subsection (a)(1)(B)(iv) shall apply with 
     respect to payments made to a local educational agency for 
     fiscal years beginning on or after the date of the enactment 
     of this Act.

     SEC. 805. SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF 
                   MILITARY DEPENDENTS.

       Section 8006 (20 U.S.C. 7706) is repealed.

     SEC. 806. SCHOOL CONSTRUCTION AND FACILITY MODERNIZATION.

       (a) School Construction.--Section 8007 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7707) is 
     amended to read as follows:

     ``SEC. 8007. SCHOOL CONSTRUCTION.

       ``(a) Payments Authorized for School Construction.--From 20 
     percent of the amount appropriated for each fiscal year under 
     section 8014(d), the Secretary shall make payments to each 
     local educational agency--
       ``(1) that receives a basic payment under section 8003(b); 
     and
       ``(2)(A) in which the number of children determined under 
     section 8003(a)(1)(C) constituted at least 50 percent of the 
     number of children who were in average daily attendance in 
     the schools of such agency during the preceding school year;
       ``(B) in which the number of children determined under 
     subparagraphs (B) and (D)(i) of section 8003(a)(1) 
     constituted at least 50 percent of the number of children who 
     were in average daily attendance in the schools of such 
     agency during the school year preceding the school year for 
     which the determination is made; or
       ``(C) that receives assistance under section 8003(b)(2) for 
     the fiscal year preceding the school year for which the 
     determination is made.
       ``(b) Amount of Payments.--The amount of a payment to each 
     such agency for a fiscal year shall be equal to--
       ``(1) the amount made available under subsection (a) for 
     the fiscal year; divided by
       ``(2) the remainder of--
       ``(A) the number of children determined under section 
     8003(a)(2) for all local educational agencies described in 
     subsection (a) for the fiscal year; minus
       ``(B) the number of children attending a school facility 
     described in section 8008(a) for which the Secretary provided 
     assistance under section 8008(a) for the previous fiscal 
     year; multiplied by
       ``(3) the sum of the number of children described in 
     paragraph (2) determined for such agency for the fiscal year.
       ``(c) Use of Funds.--Any local educational agency that 
     receives funds under this section shall use such funds for 
     construction, as defined in section 8013(3).''.
       (b) School Facility Modernization.--Title VIII of such Act 
     (20 U.S.C. 7701 et seq.) is amended by inserting after 
     section 8007 (20 U.S.C. 7707) the following:

     ``SEC. 8007A. SCHOOL FACILITY MODERNIZATION.

       ``(a) Program Authorized.--
       ``(1) In general.--From 80 percent of the amount 
     appropriated for each fiscal year under section 8014(d), the 
     Secretary shall award grants to eligible local educational 
     agencies to enable the local educational agencies to carry 
     out modernization of school facilities.
       ``(2) Allocation among eligible local educational 
     agencies.--The Secretary shall allocate--
       ``(A) 45 percent of the amount made available under 
     paragraph (1) for each fiscal year for grants to local 
     educational agencies described in clause (i) or (ii) of 
     subsection (b)(2)(A);
       ``(B) 45 percent of such amount for grants to local 
     educational agencies described in subsection (b)(2)(B); and
       ``(C) 10 percent of such amount for grants to local 
     educational agencies described in subsection (b)(2)(C).
       ``(3) Special rule.--A local educational agency described 
     in subsection (b)(2)(B) may use grant funds made available 
     under this section for a school facility located on or near 
     Federal property only if the school facility is located at a 
     school where not less than 50 percent of the children in 
     average daily attendance in the school for the preceding 
     school year are children for which a determination is made 
     under section 8003(a)(1).
       ``(b) Eligibility Requirements.--A local educational agency 
     is eligible to receive funds under this section only if--
       ``(1) such agency (or in the case of a local educational 
     agency that does not have the authority to tax or issue 
     bonds, such agency's fiscal agent) has no capacity to issue 
     bonds or is at such agency's limit in bonded indebtedness for 
     the purposes of generating funds for capital expenditures, 
     except that a local educational

[[Page 6184]]

     agency that is eligible to receive funds under section 
     8003(b)(2) shall be deemed to have met the requirements of 
     this paragraph; and
       ``(2)(A)(i) such agency received assistance under section 
     8002(a) and has an assessed value of taxable property per 
     student in the school district that is less than the average 
     of the assessed value of taxable property per student in the 
     State in which the local educational agency is located; or
       ``(ii) had an enrollment of children determined under 
     section 8003(a)(1)(C) which constituted at least 25 percent 
     of the number of children who were in average daily 
     attendance in the schools of such agency during the school 
     year preceding the school year for which the determination is 
     made;
       ``(B) such agency received assistance under section 8003(b) 
     and had an enrollment of children determined under 
     subparagraphs (A), (B), and (D) of section 8003(a)(1) which 
     constituted at least 25 percent of the number of children who 
     were in average daily attendance in the schools of such 
     agency during the school year preceding the school year for 
     which the determination is made; or
       ``(C) such agency had an enrollment of children determined 
     under section 8003(a)(1)(C) which constituted at least 50 
     percent of the number of children who were in average daily 
     attendance in the schools of such agency during the school 
     year preceding the school year for which the determination is 
     made, and has a school facility emergency, as determined by 
     the Secretary, that poses a health or safety hazard to the 
     students and school personnel assigned to the school 
     facility.
       ``(c) Award Criteria.--In awarding grants under this 
     section the Secretary shall consider 1 or more of the 
     following factors:
       ``(1) The extent to which the local educational agency 
     lacks the fiscal capacity to undertake the modernization 
     project without Federal assistance.
       ``(2) The extent to which property in the local educational 
     agency is nontaxable due to the presence of the Federal 
     Government.
       ``(3) The extent to which the local educational agency 
     serves high numbers or percentages of children described in 
     subparagraphs (A), (B), (C), and (D) of section 8003(a)(1).
       ``(4) The need for modernization to meet--
       ``(A) the threat that the condition of the school facility 
     poses to the safety and well-being of students;
       ``(B) overcrowding conditions as evidenced by the use of 
     trailers and portable buildings and the potential for future 
     overcrowding because of increased enrollment; and
       ``(C) facility needs resulting from actions of the Federal 
     Government.
       ``(5) The age of the school facility to be modernized.
       ``(d) Other Award Provisions.--
       ``(1) Amount consideration.--In determining the amount of a 
     grant awarded under this section, the Secretary shall 
     consider the cost of the modernization and the ability of the 
     local educational agency to produce sufficient funds to carry 
     out the activities for which assistance is sought.
       ``(2) Federal share.--The Federal funds provided to a local 
     educational agency under this section shall not exceed 50 
     percent of the total cost of the project to be assisted under 
     this section. A local educational agency may use in-kind 
     contributions to meet the matching requirement of the 
     preceding sentence.
       ``(3) Maximum grant.--A local educational agency may not 
     receive a grant under this section in an amount that exceeds 
     $3,000,000 during any 5-year period.
       ``(e) Applications.--A local educational agency desiring to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require. Each application shall contain--
       ``(1) documentation of the agency's lack of bonding 
     capacity;
       ``(2) a listing of the school facilities to be modernized, 
     including the number and percentage of children determined 
     under section 8003(a)(1) in average daily attendance in each 
     school facility;
       ``(3) a description of the ownership of the property on 
     which the current school facility is located or on which the 
     planned school facility will be located;
       ``(4) a description of any school facility deficiency that 
     poses a health or safety hazard to the occupants of the 
     school facility and a description of how that deficiency will 
     be repaired;
       ``(5) a description of the modernization to be supported 
     with funds provided under this section;
       ``(6) a cost estimate of the proposed modernization; and
       ``(7) such other information and assurances as the 
     Secretary may reasonably require.
       ``(f) Emergency Grants.--
       ``(1) Applications.--Each local educational agency 
     described in subsection (b)(2)(C) that desires a grant under 
     this section shall include in the application submitted under 
     subsection (e) a signed statement from an appropriate State 
     official certifying that a health or safety deficiency 
     exists.
       ``(2) Inapplicability of certain provisions.--Paragraphs 
     (2) and (3) of subsection (d) shall not apply to grants under 
     this section awarded to local educational agencies described 
     in subsection (b)(2)(C).
       ``(3) Special rules.--The Secretary shall make every effort 
     to meet fully the school facility needs of local educational 
     agencies described in subsection (b)(2)(C).
       ``(4) Priority.--If the Secretary receives more than 1 
     application from local educational agencies described in 
     subsection (b)(2)(C) for grants under this section for any 
     fiscal year, the Secretary shall give priority to local 
     educational agencies based on when an application was 
     received and the severity of the emergency as determined by 
     the Secretary.
       ``(5) Consideration for following year.--A local 
     educational agency described in subsection (b)(2)(C) that 
     applies for a grant under this section for any fiscal year 
     and does not receive the grant shall have the application for 
     the grant considered for the following fiscal year, subject 
     to the priority described in paragraph (4).
       ``(g) General Limitations.--
       ``(1) Real property.--No part of any grant funds awarded 
     under this section shall be used for the acquisition of any 
     interest in real property.
       ``(2) Maintenance.--Nothing in this section shall be 
     construed to authorize the payment of maintenance costs in 
     connection with any school facilities modernized in whole or 
     in part with Federal funds provided under this section.
       ``(3) Environmental safeguards.--All projects carried out 
     with Federal funds provided under this section shall comply 
     with all relevant Federal, State, and local environmental 
     laws and regulations.
       ``(4) Athletic and similar school facilities.--No Federal 
     funds received under this section shall be used for outdoor 
     stadiums or other school facilities that are primarily used 
     for athletic contests or exhibitions, or other events, for 
     which admission is charged to the general public.
       ``(h) Supplement Not Supplant.--An eligible local 
     educational agency shall use funds received under this 
     section only to supplement the amount of funds that would, in 
     the absence of such Federal funds, be made available from 
     non-Federal sources for the modernization of school 
     facilities used for educational purposes, and not to supplant 
     such funds.''.

     SEC. 807. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE 
                   AID.

       Section 8009 (20 U.S.C. 7709) is amended--
       (1) in subsection (a)(1), by striking ``or under'' and all 
     that follows through ``of 1994)'';
       (2) by amending subsection (b)(1) to read as follows:
       ``(1) In general.--A State may reduce State aid to a local 
     educational agency that receives a payment under section 8002 
     or 8003(b) (except the amount calculated in excess of 1.0 
     under section 8003(a)(2)(B)) for any fiscal year if the 
     Secretary determines, and certifies under subsection 
     (c)(3)(A), that the State has in effect a program of State 
     aid that equalizes expenditures for free public education 
     among local educational agencies in the State.''; and
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the matter proceeding subparagraph (A), by striking 
     ``or under'' and all that follows through ``of 1994)''; and
       (ii) in subparagraph (B), by striking ``or under'' and all 
     that follows through ``of 1994)''; and
       (B) in paragraph (2), by striking ``or under'' and all that 
     follows through ``of 1994)''.

     SEC. 808. FEDERAL ADMINISTRATION.

       Section 8010(c) (20 U.S.C. 7710(c)) is amended--
       (1) by striking paragraph (1);
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (3) in paragraph (1) (as so redesignated), by striking 
     ``paragraph (3)'' each place the term appears and inserting 
     ``paragraph (2)''; and
       (4) in paragraph (2) (as so redesignated)--
       (A) in subparagraph (D), by striking ``section 5(d)(2)'' 
     and all that follows through ``of 1994) or''; and
       (B) in subparagraph (E)--
       (i) by striking ``1994'' and inserting ``1999'';
       (ii) by striking ``(or such section's predecessor 
     authority)''; and
       (iii) by striking ``paragraph (2)'' and inserting 
     ``paragraph (1)''.

     SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

       Section 8011(a) (20 U.S.C. 7711(a)) is amended--
       (1) by striking ``the Act'' and all that follows through 
     ``of 1994)'' and inserting ``this title's predecessor 
     authorities''; and
       (2) by inserting before the period ``, if a request for 
     such hearing is submitted to the Secretary by the affected 
     local educational agency or State educational agency not 
     later than 60 days after receiving notice that such action 
     has occurred''.

     SEC. 810. FORGIVENESS OF OVERPAYMENTS.

       The matter preceding paragraph (1) of section 8012 (20 
     U.S.C. 7712) is amended by striking ``under the Act'' and all 
     that follows through ``of 1994)'' and inserting ``under this 
     title's predecessor authorities''.

     SEC. 811. APPLICABILITY.

       Title VIII is amended by inserting after section 8012 (20 
     U.S.C. 7712) the following:

     ``SEC. 8012A. APPLICABILITY TO THIS TITLE.

       ``Part B of title IV, parts D, E, and F of title VI, and 
     part A of title X, shall not apply to this title.''.

     SEC. 812. DEFINITIONS.

       Section 8013 (20 U.S.C. 7713) is amended--
       (1) in the first sentence of paragraph (4), by striking 
     ``title VI'' and inserting ``part A of title VI'';
       (2) in paragraph (5)--
       (A) in subparagraph (A)(iii)--
       (i) in subclause (I)--

[[Page 6185]]

       (I) by striking ``low-rent'' and inserting ``low-income''; 
     and
       (II) by striking ``or'' after the semicolon; and

       (ii) by adding at the end the following:

       ``(III) used for affordable housing assisted under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996; or''; and

       (B) in subparagraph (F)(i), by striking ``the mutual'' and 
     all that follows through ``1937'' and inserting ``or 
     authorized by the Native American Housing Assistance and 
     Self-Determination Act of 1996'';
       (3) in paragraph (8)(B), by striking ``all States'' and 
     inserting ``the 50 States and the District of Columbia'';
       (4) in paragraph (9)(B)(i), by striking ``or the Act'' and 
     all that follows through ``of 1994)'' and inserting ``(or 
     under this title's predecessor authorities)'';
       (5) by redesignating paragraphs (11) and (12) as paragraphs 
     (12) and (13), respectively;
       (6) by inserting after paragraph (10) the following:
       ``(11) Modernization.--The term `modernization' means 
     repair, renovation, alteration, or construction, including--
       ``(A) the concurrent installation of equipment; and
       ``(B) the complete or partial replacement of an existing 
     school facility, but only if such replacement is less 
     expensive and more cost-effective than repair, renovation, or 
     alteration of the school facility.''; and
       (7) by amending paragraph (13) (as so redesignated) to read 
     as follows:
       ``(13) School facility.--The term `school facility' 
     includes--
       ``(A) a classroom, laboratory, library, media center, or 
     related facility, the primary purpose of which is the 
     instruction of public elementary school or secondary school 
     students; and
       ``(B) equipment, machinery, and utilities necessary or 
     appropriate for school purposes.''.

     SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 8014 (20 U.S.C. 7714) is amended--
       (1) in subsection (a), by striking ``$16,750,000 for fiscal 
     year 1995'' and inserting ``$35,000,000 for fiscal year 
     2001'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Basic Payments; Payments for Heavily Impacted Local 
     Educational Agencies.--For the purpose of making payments 
     under subsection (b) of section 8003, there are authorized to 
     be appropriated $875,000,000 for fiscal year 2001 and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years.'';
       (3) in subsection (c), by striking ``$45,000,000 for fiscal 
     year 1995'' and inserting ``$60,000,000 for fiscal year 
     2001'';
       (4) by striking subsection (d);
       (5) by redesignating subsections (e), (f) and (g) as 
     subsections (d), (e) and (f), respectively;
       (6) in subsection (d) (as so redesignated)--
       (A) in the subsection heading by inserting ``and Facility 
     Modernization'' after ``Construction'';
       (B) by striking ``section 8007'' and inserting ``sections 
     8007 and 8007A''; and
       (C) by striking ``$25,000,000 for fiscal year 1995'' and 
     inserting ``$62,500,000 for fiscal year 2001'';
       (7) in subsection (e) (as so redesignated), by striking 
     $2,000,000 for fiscal year 1995'' and inserting ``$7,000,000 
     for fiscal year 2001''; and
       (8) in subsection (f) (as so redesignated), by striking 
     ``such sums as are necessary beginning in fiscal year 1998 
     and for each succeeding fiscal year'' and inserting 
     ``$500,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years''.
       (b) Conforming Amendments.--Title VIII (20 U.S.C. 7701 et 
     seq.) is amended--
       (1) in section 8002(j)(1) (20 U.S.C. 7702(j)(1)), by 
     striking ``8014(g)'' and inserting ``8014(f)''; and
       (2) in section 8008(a) (20 U.S.C. 7708(a)), by striking 
     ``8014(f)'' and inserting ``8014(e)''.

     SEC. 814. TECHNICAL AND CONFORMING AMENDMENT.

       Section 426 of the General Education Provisions Act (20 
     U.S.C. 1228) is amended by striking ``subsections (d) and (g) 
     of section 8003'' and inserting ``section 8003(d)''.

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

     SEC. 901. PROGRAMS.

       Title IX (20 U.S.C. 7801 et seq.) is amended to read as 
     follows:

    ``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                       ``PART A--INDIAN EDUCATION

     ``SEC. 9101. FINDINGS.

       ``Congress finds that--
       ``(1) the Federal Government has a special responsibility 
     to ensure that educational programs for all American Indian 
     and Alaska Native children and adults--
       ``(A) are based on high-quality, internationally 
     competitive content standards and student performance 
     standards, and build on Indian culture and the Indian 
     community;
       ``(B) assist local educational agencies, Indian tribes, and 
     other entities and individuals in providing Indian students 
     the opportunity to achieve the standards described in 
     subparagraph (A); and
       ``(C) meet the unique educational and culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2) since the date of enactment of the Indian Education 
     Act in 1972, the level of involvement of Indian parents in 
     the planning, development, and implementation of educational 
     programs that affect such parents and their children has 
     increased significantly, and schools should continue to 
     foster such involvement;
       ``(3) although the number of Indian teachers, 
     administrators, and university professors has increased since 
     1972, teacher training programs are not recruiting, training, 
     or retraining a sufficient number of Indian individuals as 
     educators to meet the needs of a growing Indian student 
     population in elementary, secondary, vocational, adult, and 
     higher education;
       ``(4) the dropout rate for Indian students is unacceptably 
     high: 9 percent of Indian students who were eighth graders in 
     1988 had already dropped out of school by 1990;
       ``(5) during the period from 1980 to 1990, the percentage 
     of Indian individuals living at or below the poverty level 
     increased from 24 percent to 31 percent, and the readiness of 
     Indian children to learn is hampered by the high incidence of 
     poverty, unemployment, and health problems among Indian 
     children and their families; and
       ``(6) research related specifically to the education of 
     Indian children and adults is very limited, and much of the 
     research is of poor quality or is focused on limited local or 
     regional issues.

     ``SEC. 9102. PURPOSE.

       ``(a) Purpose.--The purpose of this part is to support the 
     efforts of local educational agencies, Indian tribes and 
     organizations, postsecondary institutions, and other entities 
     to meet the unique educational and culturally related 
     academic needs of American Indian and Alaska Native students, 
     so that such students can meet the same challenging State 
     performance standards as are expected for all students.
       ``(b) Programs.--This part carries out the purpose 
     described in subsection (a) by authorizing programs of direct 
     assistance for--
       ``(1) meeting the unique educational and culturally related 
     academic needs of American Indians and Alaska Natives;
       ``(2) the education of Indian children and adults;
       ``(3) the training of Indian persons as educators and 
     counselors, and in other professions serving Indian people; 
     and
       ``(4) research, evaluation, data collection, and technical 
     assistance.

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

     ``SEC. 9111. PURPOSE.

       ``The purpose of this subpart is to support local 
     educational agencies in their efforts to reform elementary 
     school and secondary school programs that serve Indian 
     students in order to ensure that such programs--
       ``(1) are based on challenging State content standards and 
     State student performance standards that are used for all 
     students; and
       ``(2) are designed to assist Indian students to meet those 
     standards and assist the Nation in reaching the National 
     Education Goals.

     ``SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) In General.--The Secretary may make grants to local 
     educational agencies and Indian tribes in accordance with 
     this section.
       ``(b) Local Educational Agencies.--
       ``(1) Enrollment requirements.--A local educational agency 
     shall be eligible for a grant under this subpart for any 
     fiscal year if the number of Indian children who are eligible 
     under section 9117, and who were enrolled in the schools of 
     the agency, and to whom the agency provided free public 
     education, during the preceding fiscal year--
       ``(A) was at least 10; or
       ``(B) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(2) Exclusion.--The requirement of paragraph (1) shall 
     not apply in Alaska, California, or Oklahoma, or with respect 
     to any local educational agency located on, or in proximity 
     to, a reservation.
       ``(c) Indian Tribes.--
       ``(1) In general.--If a local educational agency that is 
     otherwise eligible for a grant under this subpart does not 
     establish a parent committee under section 9114(c)(4), an 
     Indian tribe that represents not less than \1/2\ of the 
     eligible Indian children who are served by such local 
     educational agency may apply for such grant by submitting an 
     application in accordance with section 9114.
       ``(2) Special rule.--The Secretary shall treat each Indian 
     tribe applying for a grant pursuant to paragraph (1) as if 
     such Indian tribe were a local educational agency for 
     purposes of this subpart, except that any such tribe shall 
     not be subject to section 9114(c)(4) (relating to a parent 
     committee), section 9118(c) (relating to maintenance of 
     effort), or section 9119 (relating to State review of 
     applications).

     ``SEC. 9113. AMOUNT OF GRANTS.

       ``(a) Amount of Grant Awards.--
       ``(1) In general.--Except as provided in subsections (c) 
     and (d), for purposes of making grants under this subpart the 
     Secretary shall allocate to each local educational agency 
     that has an approved application under this subpart an amount 
     equal to the product of--
       ``(A) the number of Indian children who are eligible under 
     section 9117 and served by such agency; and
       ``(B) the greater of--
       ``(i) the average per-pupil expenditure of the State in 
     which such agency is located; or
       ``(ii) 80 percent of the average per-pupil expenditure of 
     all the States.
       ``(2) Reduction.--The Secretary shall reduce the amount of 
     each allocation determined under paragraph (1) or subsection 
     (b) in accordance with subsection (c).

[[Page 6186]]

       ``(b) Schools Operated or Supported by the Bureau of Indian 
     Affairs.--
       ``(1) In general.--In addition to the grants awarded under 
     subsection (a), and subject to paragraph (2), for purposes of 
     making grants under this subpart the Secretary shall allocate 
     to the Secretary of the Interior an amount equal to the 
     product of--
       ``(A) the total number of Indian children enrolled in 
     schools that are operated by--
       ``(i) the Bureau of Indian Affairs; or
       ``(ii) an Indian tribe, or an organization controlled or 
     sanctioned by an Indian tribal government, for the children 
     of such tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act or the Tribally Controlled Schools Act of 
     1988; and
       ``(B) the greater of--
       ``(i) the average per-pupil expenditure of the State in 
     which the school is located; or
       ``(ii) 80 percent of the average per-pupil expenditure of 
     all the States.
       ``(2) Special rule.--Any school described in paragraph (1) 
     may apply for an allocation under this subpart by submitting 
     an application in accordance with section 9114. The Secretary 
     shall treat the school as if the school were a local 
     educational agency for purposes of this subpart, except that 
     any such school shall not be subject to section 9114(c)(4), 
     9118(c), or 9119.
       ``(c) Ratable Reductions.--If the sums appropriated for any 
     fiscal year under section 9162(a) are insufficient to pay in 
     full the amounts determined for local educational agencies 
     under subsection (a) and for the Secretary of the Interior 
     under subsection (b), each of those amounts shall be ratably 
     reduced.
       ``(d) Minimum Grant.--
       ``(1) In general.--Notwithstanding subsection (c), a local 
     educational agency (including an Indian tribe as authorized 
     under section 9112(b)) that is eligible for a grant under 
     section 9112, and a school that is operated or supported by 
     the Bureau of Indian Affairs that is eligible for a grant 
     under subsection (b), that submits an application that is 
     approved by the Secretary, shall, subject to appropriations, 
     receive a grant under this subpart in an amount that is not 
     less than $3,000.
       ``(2) Consortia.--Local educational agencies may form a 
     consortium for the purpose of obtaining grants under this 
     subpart.
       ``(3) Increase.--The Secretary may increase the minimum 
     grant under paragraph (1) to not more than $4,000 for all 
     grant recipients if the Secretary determines such increase is 
     necessary to ensure quality programs.
       ``(e) Definition.--In this section, the term `average per-
     pupil expenditure', for a State, means an amount equal to--
       ``(1) the sum of the aggregate current expenditures of all 
     the local educational agencies in the State, plus any direct 
     current expenditures by the State for the operation of such 
     agencies, without regard to the sources of funds from which 
     such local or State expenditures were made, during the second 
     fiscal year preceding the fiscal year for which the 
     computation is made; divided by
       ``(2) the aggregate number of children who were included in 
     average daily attendance and for whom such agencies provided 
     free public education during such preceding fiscal year.

     ``SEC. 9114. APPLICATIONS.

       ``(a) Application Required.--Each local educational agency 
     that desires to receive a grant under this subpart shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require.
       ``(b) Comprehensive Program Required.--Each application 
     submitted under subsection (a) shall include a description of 
     a comprehensive program for meeting the needs of Indian 
     children served by the local educational agency, including 
     the language and cultural needs of the children, that--
       ``(1) describes how the comprehensive program will offer 
     programs and activities to meet the culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2)(A) is consistent with the State and local plans 
     submitted under other provisions of this Act; and
       ``(B) includes academic content and student performance 
     goals for such children, and benchmarks for attaining such 
     goals, that are based on the challenging State standards 
     adopted under title I for all children;
       ``(3) explains how Federal, State, and local programs, 
     especially programs carried out under title I, will meet the 
     needs of such students;
       ``(4) demonstrates how funds made available under this 
     subpart will be used for activities described in section 
     9115;
       ``(5) describes the professional development opportunities 
     that will be provided, as needed, to ensure that--
       ``(A) teachers and other school professionals who are new 
     to the Indian community are prepared to work with Indian 
     children; and
       ``(B) all teachers who will be involved in programs 
     assisted under this subpart have been properly trained to 
     carry out such programs; and
       ``(6) describes how the local educational agency--
       ``(A) will periodically assess the progress of all Indian 
     children enrolled in the schools of the local educational 
     agency, including Indian children who do not participate in 
     programs assisted under this subpart, in meeting the goals 
     described in paragraph (2);
       ``(B) will provide the results of each assessment referred 
     to in subparagraph (A) to--
       ``(i) the committee of parents described in subsection 
     (c)(4); and
       ``(ii) the community served by the local educational 
     agency; and
       ``(C) is responding to findings of any previous assessments 
     that are similar to the assessments described in subparagraph 
     (A).
       ``(c) Assurances.--Each application submitted under 
     subsection (a) shall include assurances that--
       ``(1) the local educational agency will use funds received 
     under this subpart only to supplement the funds that, in the 
     absence of the Federal funds made available under this 
     subpart, such agency would make available for the education 
     of Indian children, and not to supplant such funds;
       ``(2) the local educational agency will prepare and submit 
     to the Secretary such reports, in such form and containing 
     such information, as the Secretary may require to--
       ``(A) carry out the functions of the Secretary under this 
     subpart; and
       ``(B) determine the extent to which activities carried out 
     with funds provided to the local educational agency under 
     this subpart are effective in improving the educational 
     achievement of Indian students served by such agency;
       ``(3) the program for which assistance is sought--
       ``(A) is based on a comprehensive local assessment and 
     prioritization of the unique educational and culturally 
     related academic needs of the American Indian and Alaska 
     Native students for whom the local educational agency is 
     providing an education;
       ``(B) will use the best available talents and resources, 
     including individuals from the Indian community; and
       ``(C) was developed by such agency in open consultation 
     with parents of Indian children and teachers, and, if 
     appropriate, Indian students from secondary schools, 
     including through public hearings held by such agency to 
     provide to the individuals described in this subparagraph a 
     full opportunity to understand the program and to offer 
     recommendations regarding the program; and
       ``(4) the local educational agency developed the program 
     with the participation and written approval of a committee--
       ``(A) that is composed of, and selected by--
       ``(i) parents of Indian children in the local educational 
     agency's schools and teachers in the schools; and
       ``(ii) if appropriate, Indian students attending secondary 
     schools of the agency;
       ``(B) a majority of whose members are parents of Indian 
     children;
       ``(C) that has set forth such policies and procedures, 
     including policies and procedures relating to the hiring of 
     personnel, as will ensure that the program for which 
     assistance is sought will be operated and evaluated in 
     consultation with, and with the involvement of, parents of 
     the children, and representatives of the area, to be served;
       ``(D) with respect to an application describing a 
     schoolwide program carried out in accordance with section 
     9115(c), that has--
       ``(i) reviewed in a timely fashion the program; and
       ``(ii) determined that the program will enhance the 
     availability of culturally related activities for American 
     Indian and Alaska Native students; and
       ``(E) that has adopted reasonable bylaws for the conduct of 
     the activities of the committee and abides by such bylaws.

     ``SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.

       ``(a) General Requirements.--Each local educational agency 
     that receives a grant under this subpart shall use the grant 
     funds, in a manner consistent with the purpose specified in 
     section 9111, for services and activities that--
       ``(1) are designed to carry out the comprehensive program 
     of the local educational agency for Indian students, and 
     described in the application of the local educational agency 
     submitted to the Secretary under section 9114;
       ``(2) are designed with special regard for the language and 
     cultural needs of the Indian students; and
       ``(3) supplement and enrich the regular school program of 
     such agency.
       ``(b) Particular Services and Activities.--The services and 
     activities referred to in subsection (a) may include--
       ``(1) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(2) early childhood and family programs that emphasize 
     school readiness;
       ``(3) enrichment programs that focus on problem-solving and 
     cognitive skills development and directly support the 
     attainment of challenging State content standards and State 
     student performance standards;
       ``(4) integrated educational services in combination with 
     other programs that meet the needs of Indian children and 
     their families;
       ``(5) career preparation activities to enable Indian 
     students to participate in programs such as the programs 
     supported by Public Law 103-239 and Public Law 88-210, 
     including programs for tech-prep, mentoring, and 
     apprenticeship activities;
       ``(6) activities to educate individuals concerning 
     substance abuse and to prevent substance abuse;
       ``(7) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to meet the purpose 
     described in section 9111;
       ``(8) activities that promote the incorporation of 
     culturally responsive teaching and learning

[[Page 6187]]

     strategies into the educational program of the local 
     educational agency;
       ``(9) activities that incorporate American Indian and 
     Alaska Native specific curriculum content, consistent with 
     State standards, into the curriculum used by the local 
     educational agency;
       ``(10) activities to promote coordination and collaboration 
     between tribal, Federal, and State public schools in areas 
     that will improve American Indian and Alaska Native student 
     achievement; and
       ``(11) family literacy services.
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of law, a local educational agency may use funds 
     made available to such agency under this subpart to support a 
     schoolwide program under section 1114 if--
       ``(1) the committee composed of parents established 
     pursuant to section 9114(c)(4) approves the use of the funds 
     for the schoolwide program; and
       ``(2) the schoolwide program is consistent with the purpose 
     described in section 9111.
       ``(d) Administrative Costs.--Not more than 5 percent of the 
     funds made available to a local educational agency through a 
     grant made under this subpart for a fiscal year may be used 
     to pay for administrative costs.

     ``SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.

       ``(a) Plan.--An entity receiving funds under this subpart 
     may submit a plan to the Secretary for a demonstration 
     project for the integration of education and related services 
     provided to Indian students.
       ``(b) Consolidation of Programs.--Upon the receipt of an 
     acceptable plan under subsection (a), the Secretary, in 
     cooperation with each Federal agency providing grants for the 
     provision of education and related services to the applicant, 
     shall authorize the applicant to consolidate, in accordance 
     with such plan, the federally funded education and related 
     services programs of the applicant and the agencies, or 
     portions of the programs, serving Indian students in a manner 
     that integrates the program services involved into a single, 
     coordinated, comprehensive program and reduces administrative 
     costs by consolidating administrative functions.
       ``(c) Programs Affected.--The funds that may be 
     consolidated in a demonstration project under any such plan 
     referred to in subsection (b) shall include funds for any 
     Federal program exclusively serving Indian children, or the 
     funds reserved exclusively to serve Indian children under any 
     program, for which the applicant is eligible for receipt of 
     funds under a statutory or administrative formula for the 
     purposes of providing education and related services for 
     Indian students.
       ``(d) Plan Requirements.--For a plan to be acceptable 
     pursuant to subsection (b), the plan shall--
       ``(1) identify the programs or funding sources to be 
     consolidated;
       ``(2) be consistent with the objectives of this section 
     authorizing the program services to be integrated in a 
     demonstration project;
       ``(3) describe a comprehensive strategy that identifies the 
     full range of potential educational opportunities and related 
     services to be provided to assist Indian students to achieve 
     the objectives set forth in this subpart;
       ``(4) describe the way in which the services are to be 
     integrated and delivered and the results expected from the 
     plan;
       ``(5) identify the projected expenditures under the plan in 
     a single budget;
       ``(6) identify the State, tribal, or local agencies to be 
     involved in the delivery of the services integrated under the 
     plan;
       ``(7) identify any statutory provisions, regulations, 
     policies, or procedures that the applicant believes need to 
     be waived in order to implement the plan;
       ``(8) set forth measures of student achievement and 
     performance goals designed to be met within a specified 
     period of time for activities provided under the plan; and
       ``(9) be approved by a parent committee formed in 
     accordance with section 9114(c)(4), if such a committee 
     exists, in consultation with the Committee on Resources of 
     the House of Representatives and the Committee on Indian 
     Affairs of the Senate.
       ``(e) Plan Review.--Upon receipt of the plan from an 
     eligible entity, the Secretary shall consult with the head of 
     each Federal agency providing funds to be used to implement 
     the plan, and with the entity submitting the plan. The 
     parties so consulting shall identify any waivers of statutory 
     requirements or of Federal regulations, policies, or 
     procedures necessary to enable the applicant to implement the 
     plan. Notwithstanding any other provision of law, the 
     Secretary of the affected agency shall have the authority to 
     waive, for the applicant, any regulation, policy, or 
     procedure promulgated by that agency that has been so 
     identified by the applicant or agency, unless the head of the 
     affected agency determines that such a waiver is inconsistent 
     with the objectives of this subpart or the provisions of the 
     statute from which the program involved derives authority 
     that are specifically applicable to Indian students.
       ``(f) Plan Approval.--Within 90 days after the receipt of 
     an applicant's plan by the Secretary under subsection (a), 
     the Secretary shall inform the applicant, in writing, of the 
     Secretary's approval or disapproval of the plan. If the plan 
     is disapproved, the applicant shall be informed, in writing, 
     of the reasons for the disapproval and shall be given an 
     opportunity to amend the plan or to petition the Secretary to 
     reconsider such disapproval.
       ``(g) Responsibilities of Department of Education.--Not 
     later than 180 days after the date of enactment of the 
     Educational Opportunities Act, the Secretary of Education, 
     the Secretary of the Interior, and the head of any other 
     Federal agency identified by the Secretary of Education, 
     shall enter into an interagency memorandum of agreement 
     providing for the implementation of the demonstration 
     projects authorized under this section. The lead agency for a 
     demonstration project authorized under this section shall 
     be--
       ``(1) the Department of the Interior, in the case of an 
     applicant that is a contract or grant school, as defined in 
     section 1146 of the Education Amendments of 1978; or
       ``(2) the Department of Education, in the case of any other 
     applicant.
       ``(h) Responsibilities of Lead Agency.--The 
     responsibilities of the lead agency for a demonstration 
     project shall include--
       ``(1) the use of a single report format related to the plan 
     for the individual project, which shall be used by an 
     eligible entity to report on the activities undertaken under 
     the project;
       ``(2) the use of a single report format related to the 
     projected expenditures for the individual project, which 
     shall be used by an eligible entity to report on all project 
     expenditures;
       ``(3) the development of a single system of Federal 
     oversight for the project, which shall be implemented by the 
     lead agency; and
       ``(4) the provision of technical assistance to an eligible 
     entity appropriate to the project, except that an eligible 
     entity shall have the authority to accept or reject the plan 
     for providing such technical assistance and the technical 
     assistance provider.
       ``(i) Report Requirements.--
       ``(1) In general.--The Secretary shall develop, consistent 
     with the requirements of this section, a single report format 
     for the reports described in subsection (h).
       ``(2) Report information.--Such report format shall require 
     that the reports shall--
       ``(A) contain such information as will allow a 
     determination that the eligible entity has complied with the 
     requirements incorporated in the entity's approved plan, 
     including the demonstration of student achievement; and
       ``(B) provide assurances to the Secretary of Education and 
     the Secretary of the Interior that the eligible entity has 
     complied with all directly applicable statutory requirements 
     and with those directly applicable regulatory requirements 
     that have not been waived.
       ``(3) Record information.--The Secretary shall require that 
     records maintained at the local level on the programs 
     consolidated for the project shall contain the information 
     and provide the assurances described in paragraph (2).
       ``(j) No Reduction in Amounts.--In no case shall the amount 
     of Federal funds available to an eligible entity involved in 
     any demonstration project be reduced as a result of the 
     enactment of this section.
       ``(k) Interagency Fund Transfers Authorized.--The Secretary 
     is authorized to take such action as may be necessary to 
     provide for an interagency transfer of funds otherwise 
     available to an eligible entity in order to further the 
     objectives of this section.
       ``(l) Administration of Funds.--
       ``(1) In general.--An eligible entity shall administer the 
     program funds for the consolidated programs in such a manner 
     as to allow for a determination that funds from a specific 
     program are spent on allowable activities authorized under 
     such program, except that the eligible entity shall determine 
     the proportion of the funds that shall be allocated to such 
     program.
       ``(2) Separate records not required.--Nothing in this 
     section shall be construed as requiring the eligible entity 
     to maintain separate records tracing any services or 
     activities conducted under the approved plan to the 
     individual programs under which funds were authorized for the 
     services or activities, nor shall the eligible entity be 
     required to allocate expenditures among such individual 
     programs.
       ``(m) Overage.--The eligible entity may commingle all 
     administrative funds from the consolidated programs and shall 
     be entitled to the full amount of such funds (under each 
     program's or agency's regulations). The overage (defined as 
     the difference between the amount of the commingled funds and 
     the actual administrative cost of the programs) shall be 
     considered to be properly spent for Federal audit purposes, 
     if the overage is used for the purposes provided for under 
     this section.
       ``(n) Fiscal Accountability.--Nothing in this part shall be 
     construed so as to interfere with the ability of the 
     Secretary or the lead agency to fulfill responsibilities for 
     safeguarding Federal funds pursuant to chapter 75 of title 
     31, United States Code.
       ``(o) Report on Statutory Obstacles to Program 
     Integration.--
       ``(1) Preliminary report.--Not later than 2 years after the 
     date of enactment of the Educational Opportunities Act, the 
     Secretary of Education shall submit a preliminary report to 
     the Committee on Education and the Workforce and the 
     Committee on Resources of the House of Representatives and 
     the Committee on Health, Education, Labor, and Pensions and 
     the Committee on Indian Affairs of the Senate on the status 
     of the implementation of the demonstration projects 
     authorized under this section.
       ``(2) Final report.--Not later than 5 years after the date 
     of enactment of the Educational Opportunities Act, the 
     Secretary of Education shall submit a report to the Committee 
     on Education and the Workforce and the Committee on Resources 
     of the House of Representatives and the Committee on Health, 
     Education, Labor,

[[Page 6188]]

     and Pensions and the Committee on Indian Affairs of the 
     Senate on the results of the implementation of the 
     demonstration projects authorized under this section. Such 
     report shall identify statutory barriers to the ability of 
     participants to integrate more effectively their education 
     and related services to Indian students in a manner 
     consistent with the objectives of this section.
       ``(p) Definition.--In this section, the term `Secretary' 
     means--
       ``(1) the Secretary of the Interior, in the case of an 
     applicant that is a contract or grant school, as defined in 
     section 1146 of the Education Amendments of 1978; or
       ``(2) the Secretary of Education, in the case of any other 
     applicant.

     ``SEC. 9117. STUDENT ELIGIBILITY FORMS.

       ``(a) In General.--The Secretary shall require that, as 
     part of an application for a grant under this subpart, each 
     applicant shall maintain a file, with respect to each Indian 
     child for whom the local educational agency provides a free 
     public education, that contains a form that sets forth 
     information establishing the status of the child as an Indian 
     child eligible for assistance under this subpart, and that 
     otherwise meets the requirements of subsection (b).
       ``(b) Forms.--
       ``(1) In general.--The form described in subsection (a) 
     shall include--
       ``(A) either--
       ``(i)(I) the name of the tribe or band of Indians (as 
     defined in section 9161(3)) with respect to which the child 
     claims membership;
       ``(II) the enrollment number establishing the membership of 
     the child (if readily available); and
       ``(III) the name and address of the organization that 
     maintains updated and accurate membership data for such tribe 
     or band of Indians; or
       ``(ii) if the child is not a member of tribe or band of 
     Indians (as so defined), the name, the enrollment number (if 
     readily available), and the name and address of the 
     organization responsible for maintaining updated and accurate 
     membership rolls, of any parent or grandparent of the child 
     from whom the child claims eligibility under this subpart;
       ``(B) a statement of whether the tribe or band of Indians 
     (as so defined) with respect to which the child, or parent or 
     grandparent of the child, claims membership is federally 
     recognized;
       ``(C) the name and address of the parent or legal guardian 
     of the child;
       ``(D) a signature of the parent or legal guardian of the 
     child that verifies the accuracy of the information supplied; 
     and
       ``(E) any other information that the Secretary considers 
     necessary to provide an accurate program profile.
       ``(2) Minimum information.--In order for a child to be 
     eligible to be counted for the purpose of computing the 
     amount of a grant award made under section 9113, an 
     eligibility form prepared pursuant to this section for a 
     child shall include--
       ``(A) the name of the child;
       ``(B) the name of the tribe or band of Indians (as so 
     defined) with respect to which the child claims membership; 
     and
       ``(C) the dated signature of the parent or guardian of the 
     child.
       ``(3) Failure.--The failure of an applicant to furnish any 
     information described in this subsection other than the 
     information described in paragraph (2) with respect to any 
     child shall have no bearing on the determination of whether 
     the child is an eligible Indian child for the purposes of 
     computing the amount of a grant award made under section 
     9113.
       ``(c) Statutory Construction.--Nothing in this section 
     shall be construed to affect a definition contained in 
     section 9161.
       ``(d) Forms and Standards of Proof.--The forms and the 
     standards of proof (including the standard of good faith 
     compliance) that were in use during the 1985-86 academic year 
     to establish the eligibility of a child for entitlement under 
     the Indian Elementary and Secondary School Assistance Act 
     shall be the forms and standards of proof used--
       ``(1) to establish eligibility under this subpart; and
       ``(2) to meet the requirements of subsection (a).
       ``(e) Documentation.--For purposes of determining whether a 
     child is eligible to be counted for the purpose of computing 
     the amount of a grant award under section 9113, the 
     membership of the child, or any parent or grandparent of the 
     child, in a tribe or band of Indians (as so defined) may be 
     established by proof other than an enrollment number, 
     notwithstanding the availability of an enrollment number for 
     a member of such tribe or band. Nothing in subsection (b) 
     shall be construed to require the furnishing of an enrollment 
     number.
       ``(f) Monitoring and Evaluation Review.--
       ``(1) In general.--
       ``(A) Review.--For each fiscal year, in order to provide 
     such information as is necessary to carry out the 
     responsibility of the Secretary to provide technical 
     assistance under this subpart, the Secretary shall conduct a 
     monitoring and evaluation review of a sampling of the local 
     educational agencies that are recipients of grants under this 
     subpart. The sampling conducted under this paragraph shall 
     take into account the size of such a local educational agency 
     and the geographic location of such agency.
       ``(B) Exception.--A local educational agency may not be 
     held liable to the United States or be subject to any penalty 
     by reason of the findings of an audit that relates to the 
     date of completion, or the date of submission, of any forms 
     used to establish, before April 28, 1988, the eligibility of 
     a child for entitlement under the Indian Elementary and 
     Secondary School Assistance Act.
       ``(2) False information.--Any local educational agency that 
     provides false information in an application for a grant 
     under this subpart shall--
       ``(A) be ineligible to apply for any other grant under this 
     subpart; and
       ``(B) be liable to the United States for any funds from the 
     grant that have not been expended.
       ``(3) Excluded children.--A student who provides false 
     information for the form required under subsection (a) shall 
     not be counted for the purpose of computing the amount of a 
     grant award under section 9113.
       ``(g) Tribal Grant and Contract Schools.--Notwithstanding 
     any other provision of this section, the Secretary, in 
     computing the amount of a grant award under section 9113 to a 
     tribal school that receives a grant or contract from the 
     Bureau of Indian Affairs, shall use only 1 of the following, 
     as selected by the school:
       ``(1) A count, certified by the Bureau, of the number of 
     students in the school.
       ``(2) A count of the number of students for whom the school 
     has eligibility forms that comply with this section.
       ``(h) Timing of Child Counts.--For purposes of determining 
     the number of children to be counted in computing the amount 
     of a local educational agency's grant award under section 
     9113 (other than in the case described in subsection (g)(1)), 
     the local educational agency shall--
       ``(1) establish a date on, or a period not longer than 31 
     consecutive days during which, the agency counts those 
     children, if that date or period occurs before the deadline 
     established by the Secretary for submitting an application 
     under section 9114; and
       ``(2) determine that each such child was enrolled, and 
     receiving a free public education, in a school of the agency 
     on that date or during that period, as the case may be.

     ``SEC. 9118. PAYMENTS.

       ``(a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall pay to each local educational agency that 
     submits an application that is approved by the Secretary 
     under this subpart the amount computed under section 9113. 
     The Secretary shall notify the local educational agency of 
     the amount of the payment not later than June 1 of the year 
     for which the Secretary makes the payment.
       ``(b) Payments Taken Into Account by the State.--The 
     Secretary may not make a grant under this subpart to a local 
     educational agency for a fiscal year if, for such fiscal 
     year, the State in which the local educational agency is 
     located takes into consideration payments made under this 
     subpart in determining the eligibility of the local 
     educational agency for State aid, or the amount of the State 
     aid, with respect to the free public education of children 
     during such fiscal year or the preceding fiscal year.
       ``(c) Reduction of Payment for Failure To Maintain Fiscal 
     Effort.--
       ``(1) In general.--The Secretary may not pay a local 
     educational agency in a State the full amount of a grant 
     award computed under section 9113 for any fiscal year unless 
     the State educational agency notifies the Secretary, and the 
     Secretary determines, that with respect to the provision of 
     free public education by the local educational agency for the 
     preceding fiscal year, that the combined fiscal effort of the 
     local educational agency and the State, computed on either a 
     per student or aggregate expenditure basis was not less than 
     90 percent of the amount of the combined fiscal effort, 
     computed on the same basis, for the second preceding fiscal 
     year.
       ``(2) Failure.--If, for any fiscal year, the Secretary 
     determines that a local educational agency and State failed 
     to maintain the combined fiscal effort at the level specified 
     in paragraph (1), the Secretary shall--
       ``(A) reduce the amount of the grant that would otherwise 
     be made to such agency under this subpart in the exact 
     proportion of the failure to maintain the fiscal effort at 
     such level; and
       ``(B) not use the reduced amount of the combined fiscal 
     effort for the year to determine compliance with paragraph 
     (1) for any succeeding fiscal year, but shall use the amount 
     of expenditures that would have been required to comply with 
     paragraph (1) during the fiscal year for which the 
     determination is made.
       ``(3) Waiver.--
       ``(A) In general.--The Secretary may waive the requirement 
     of paragraph (1) for a local educational agency, for not more 
     than 1 year at a time, if the Secretary determines that the 
     failure to comply with such requirement is due to exceptional 
     or uncontrollable circumstances, such as a natural disaster 
     or a precipitous and unforeseen decline in the agency's 
     financial resources.
       ``(B) Future determinations.--The Secretary shall not use 
     the reduced amount of the combined fiscal effort for the year 
     for which the waiver is granted to determine compliance with 
     paragraph (1) for any succeeding fiscal year, but shall use 
     the amount of expenditures that would have been required to 
     comply with paragraph (1) in the absence of the waiver during 
     the fiscal year for which the waiver is granted.
       ``(d) Reallocations.--The Secretary may reallocate, in a 
     manner that the Secretary determines will best carry out the 
     purpose of this subpart, any amounts that--
       ``(1) based on estimates made by local educational agencies 
     or other information, the Secretary determines will not be 
     needed by such

[[Page 6189]]

     agencies to carry out approved programs under this subpart; 
     or
       ``(2) otherwise become available for reallocation under 
     this subpart.

     ``SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.

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

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

     ``SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   INDIAN CHILDREN.

       ``(a) Purpose.--
       ``(1) In general.--The purpose of this section is to 
     support projects to develop, test, and demonstrate the 
     effectiveness of services and programs to improve educational 
     opportunities and achievement of Indian children.
       ``(2) Coordination.--The Secretary shall take such actions 
     as are necessary to achieve the coordination of activities 
     assisted under this subpart with--
       ``(A) other programs funded under this Act; and
       ``(B) other Federal programs operated for the benefit of 
     American Indian and Alaska Native children.
       ``(b) Eligible Entities.--In this section, the term 
     `eligible entity' means a State educational agency, local 
     educational agency, Indian tribe, Indian organization, 
     federally supported elementary school or secondary school for 
     Indian students, Indian institution (including an Indian 
     institution of higher education) or a consortium of such 
     entities.
       ``(c) Grants Authorized.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out 
     activities that meet the purpose specified in subsection 
     (a)(1), including--
       ``(A) innovative programs related to the educational needs 
     of educationally disadvantaged children;
       ``(B) educational services that are not available to such 
     children in sufficient quantity or quality, including 
     remedial instruction, to raise the achievement of Indian 
     children in 1 or more of the core academic subjects of 
     English, mathematics, science, foreign languages, art, 
     history, and geography;
       ``(C) bilingual and bicultural programs and projects;
       ``(D) special health and nutrition services, and other 
     related activities, that address the special health, social, 
     and psychological problems of Indian children;
       ``(E) special compensatory and other programs and projects 
     designed to assist and encourage Indian children to enter, 
     remain in, or reenter school, and to increase the rate of 
     secondary school graduation for Indian children;
       ``(F) comprehensive guidance, counseling, and testing 
     services;
       ``(G) early childhood and kindergarten programs, including 
     family-based preschool programs that emphasize school 
     readiness and parental skills, and the provision of services 
     to Indian children with disabilities;
       ``(H) partnership projects between local educational 
     agencies and institutions of higher education that allow 
     secondary school students to enroll in courses at the 
     postsecondary level to aid such students in the transition 
     from secondary school to postsecondary education;
       ``(I) partnership projects between schools and local 
     businesses for school-to-work transition programs designed to 
     provide Indian youth with the knowledge and skills the youth 
     need to make an effective transition from school to a first 
     job in a high-skill, high-wage career;
       ``(J) programs designed to encourage and assist Indian 
     students to work toward, and gain entrance into, an 
     institution of higher education;
       ``(K) family literacy services; or
       ``(L) other services that meet the purpose described in 
     subsection (a)(1).
       ``(2) Pre-service or in-service training.--Pre-service or 
     in-service training of professional and paraprofessional 
     personnel may be a part of any program assisted under this 
     section.
       ``(d) Grant Requirements and Applications.--
       ``(1) Grant requirements.--
       ``(A) In general.--The Secretary may make multiyear grants 
     under subsection (c) for the planning, development, pilot 
     operation, or demonstration of any activity described in 
     subsection (c). The Secretary shall make the grants for 
     periods of not more than 5 years.
       ``(B) Priority.--In making multiyear grants described in 
     this paragraph, the Secretary shall give priority to entities 
     submitting applications that present a plan for combining 2 
     or more of the activities described in subsection (c) over a 
     period of more than 1 year.
       ``(C) Progress.--The Secretary shall make a payment for a 
     grant described in this paragraph to an eligible entity after 
     the initial year of the multiyear grant period only if the 
     Secretary determines that the eligible entity has made 
     substantial progress in carrying out the activities assisted 
     under the grant in accordance with the application submitted 
     under paragraph (3) and any subsequent modifications to such 
     application.
       ``(2) Dissemination grants.--
       ``(A) In general.--In addition to awarding the multiyear 
     grants described in paragraph (1), the Secretary may award 
     grants under subsection (c) to eligible entities for the 
     dissemination of exemplary materials or programs assisted 
     under this section.
       ``(B) Determination.--The Secretary may award a 
     dissemination grant described in this paragraph if, prior to 
     awarding the grant, the Secretary determines that the 
     material or program to be disseminated--
       ``(i) has been adequately reviewed;
       ``(ii) has demonstrated educational merit; and
       ``(iii) can be replicated.
       ``(3) Application.--
       ``(A) In general.--Any eligible entity that desires to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require.
       ``(B) Contents.--Each application submitted to the 
     Secretary under subparagraph (A), other than an application 
     for a dissemination grant under paragraph (2), shall 
     contain--
       ``(i) a description of how parents of Indian children and 
     representatives of Indian tribes have been, and will be, 
     involved in developing and implementing the activities for 
     which assistance is sought;
       ``(ii) assurances that the applicant will participate, at 
     the request of the Secretary, in any national evaluation of 
     activities assisted under this section;
       ``(iii) information demonstrating that the proposed program 
     for the activities is a research-based program, which may 
     include a program that has been modified to be culturally 
     appropriate for students who will be served;
       ``(iv) a description of how the applicant will incorporate 
     the proposed activities into the ongoing school program 
     involved once the grant period is over; and
       ``(v) such other assurances and information as the 
     Secretary may reasonably require.
       ``(e) Administrative Costs.--Not more than 5 percent of the 
     funds provided to a grant recipient under this subpart for 
     any fiscal year may be used to pay for administrative costs.

     ``SEC. 9122. PROFESSIONAL DEVELOPMENT.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to increase the number of qualified Indian 
     individuals in teaching or other education professions that 
     serve Indian people;
       ``(2) to provide training to qualified Indian individuals 
     to enable such individuals to become teachers, 
     administrators, teacher aides, social workers, and ancillary 
     educational personnel; and
       ``(3) to improve the skills of qualified Indian individuals 
     who serve in the capacities described in paragraph (2).
       ``(b) Eligible Entities.--In this section, the term 
     `eligible entity' means a consortium of--
       ``(1) a State or local educational agency; and
       ``(2) an institution of higher education (including an 
     Indian institution of higher education) or an Indian tribe or 
     organization.
       ``(c) Program Authorized.--The Secretary is authorized to 
     award grants to eligible entities with applications approved 
     under subsection (e) to enable such entities to carry out the 
     activities described in subsection (d).
       ``(d) Authorized Activities.--
       ``(1) In general.--Grant funds made available under 
     subsection (c) shall be used for activities to provide 
     support and training for Indian individuals in a manner 
     consistent with the purposes of this section. Such activities 
     may include continuing programs, symposia, workshops, 
     conferences, and direct financial support.
       ``(2) Special rules.--
       ``(A) Type of training.--For education personnel, the 
     training received pursuant to a grant awarded under 
     subsection (c) may be in-service or pre-service training.
       ``(B) Program.--For individuals who are being trained to 
     enter any field other than education, the training received 
     pursuant to a grant awarded under subsection (c) shall be in 
     a program that results in a graduate degree.
       ``(e) Application.--Each eligible entity desiring a grant 
     under subsection (c) shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information, as the Secretary may reasonably require.
       ``(f) Special Rule.--In awarding grants under subsection 
     (c), the Secretary--
       ``(1) shall consider the prior performance of an eligible 
     entity; and
       ``(2) may not limit eligibility to receive a grant under 
     subsection (c) on the basis of--
       ``(A) the number of previous grants the Secretary has 
     awarded such entity; or
       ``(B) the length of any period during which such entity 
     received such grants.
       ``(g) Grant Period.--Each grant awarded under subsection 
     (c) shall be awarded for a program of activities of not more 
     than 5 years.
       ``(h) Service Obligation.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, that an individual who receives pre-service 
     training pursuant to a grant awarded under subsection (c)--
       ``(A) perform work--
       ``(i) related to the training received under this section; 
     and
       ``(ii) that benefits Indian people; or
       ``(B) repay all or a prorated part of the assistance 
     received for the training.
       ``(2) Reporting.--The Secretary shall establish, by 
     regulation, a reporting procedure under which a recipient of 
     the pre-service training shall, not later than 12 months 
     after the date of completion of the training, and 
     periodically

[[Page 6190]]

     thereafter, provide information concerning the compliance of 
     such recipient with the work requirement described in 
     paragraph (1).
       ``(i) Inservice Training for Teachers of Indian Children.--
       ``(1) Grants authorized.--In addition to the grants 
     authorized by subsection (c), the Secretary may make grants 
     to eligible consortia for the provision of high quality in-
     service training. The Secretary may make such a grant to--
       ``(A) a consortium of a tribal college and an institution 
     of higher education that awards a degree in education; or
       ``(B) a consortium of--
       ``(i) a tribal college;
       ``(ii) an institution of higher education that awards a 
     degree in education; and
       ``(iii) 1 or more elementary schools or secondary schools 
     operated by the Bureau of Indian Affairs, local educational 
     agencies serving Indian children, or tribal educational 
     agencies.
       ``(2) Use of funds.--
       ``(A) In-service training.--A consortium that receives a 
     grant under paragraph (1) shall use the grant funds only to 
     provide high quality in-service training to teachers, 
     including teachers who are not Indians, in schools of local 
     educational agencies with substantial numbers of Indian 
     children enrolled in their schools, in order to better meet 
     the needs of those children.
       ``(B) Components.--The training described in subparagraph 
     (A) shall include such activities as preparing teachers to 
     use the best available research-based practices and learning 
     strategies, and to make the most effective use of curricula 
     and materials, to respond to the unique needs of Indian 
     children in their classrooms.
       ``(3) Preference for indian applicants.--In applying 
     section 9153 to this subsection, the Secretary shall give a 
     preference to any consortium that includes 1 or more of the 
     entities described in that section.

     ``SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.

       ``(a) Fellowships.--
       ``(1) Authority.--The Secretary is authorized to award 
     fellowships to Indian students to enable such students to 
     study in graduate and professional programs at institutions 
     of higher education.
       ``(2) Requirements.--The fellowships described in paragraph 
     (1) shall be awarded to Indian students to enable such 
     students to pursue a course of study--
       ``(A) of not more than 4 academic years; and
       ``(B) that leads--
       ``(i) toward a postbaccalaureate degree in medicine, 
     clinical psychology, psychology, law, education, or a related 
     field; or
       ``(ii) to an undergraduate or graduate degree in 
     engineering, business administration, natural resources, or a 
     related field.
       ``(b) Stipends.--The Secretary shall pay to Indian students 
     awarded fellowships under subsection (a) such stipends 
     (including allowances for subsistence of such students and 
     dependents of such students) as the Secretary determines to 
     be consistent with prevailing practices under comparable 
     federally supported programs.
       ``(c) Payments to Institutions in Lieu of Tuition.--The 
     Secretary shall pay to the institution of higher education at 
     which such a fellowship recipient is pursuing a course of 
     study, in lieu of tuition charged to such recipient, such 
     amounts as the Secretary may determine to be necessary to 
     cover the cost of education provided to such recipient.
       ``(d) Special Rules.--
       ``(1) In general.--If a fellowship awarded under subsection 
     (a) is vacated prior to the end of the period for which the 
     fellowship is awarded, the Secretary may award an additional 
     fellowship for the unexpired portion of the period of the 
     first fellowship.
       ``(2) Written notice.--Not later than 45 days before the 
     commencement of an academic term, the Secretary shall provide 
     to each individual who is awarded a fellowship under 
     subsection (a) for such academic term written notice of--
       ``(A) the amount of the funding for the fellowship; and
       ``(B) any stipends or other payments that will be made 
     under this section to, or for the benefit of, the individual 
     for the academic term.
       ``(3) Priority.--Not more than 10 percent of the 
     fellowships awarded under subsection (a) shall be awarded, on 
     a priority basis, to persons receiving training in guidance 
     counseling with a specialty in the area of alcohol and 
     substance abuse counseling and education.
       ``(e) Service Obligation.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, that an individual who receives financial 
     assistance under this section--
       ``(A) perform work--
       ``(i) related to the training for which the individual 
     receives the assistance under this section; and
       ``(ii) that benefits Indian people; or
       ``(B) repay all or a prorated portion of such assistance.
       ``(2) Reporting.--The Secretary shall establish, by 
     regulation, a reporting procedure under which a recipient of 
     assistance under this section shall, not later than 12 months 
     after the date of completion of the training, and 
     periodically thereafter, provide information concerning the 
     compliance of such recipient with the work requirement 
     described in paragraph (1).
       ``(f) Administration of Fellowships.--The Secretary may 
     administer the fellowships authorized under this section 
     through a grant to, or contract or cooperative agreement 
     with, an Indian organization with demonstrated qualifications 
     to administer all facets of the program assisted under this 
     section.

     ``SEC. 9124. GIFTED AND TALENTED INDIAN STUDENTS.

       ``(a) Program Authorized.--The Secretary is authorized to--
       ``(1) establish 2 centers for gifted and talented Indian 
     students at tribally controlled community colleges in 
     accordance with this section; and
       ``(2) support demonstration projects described in 
     subsection (c).
       ``(b) Eligible Entities.--The Secretary shall make grants, 
     or enter into contracts, for the activities described in 
     subsection (a), to or with--
       ``(1) 2 tribally controlled community colleges that--
       ``(A) are eligible for funding under the Tribally 
     Controlled College or University Assistance Act of 1978; and
       ``(B) are fully accredited; or
       ``(2) if the Secretary does not receive applications that 
     the Secretary determines to be approvable from 2 colleges 
     that meet the requirements of paragraph (1), the American 
     Indian Higher Education Consortium.
       ``(c) Use of Funds.--
       ``(1) In general.--Funds made available through the grants 
     made, or contracts entered into, by the Secretary under 
     subsection (b) shall be used for--
       ``(A) the establishment of centers described in subsection 
     (a); and
       ``(B) carrying out demonstration projects designed to--
       ``(i) address the special needs of Indian students in 
     elementary schools and secondary schools who are gifted and 
     talented; and
       ``(ii) provide such support services to the families of the 
     students described in clause (i) as are needed to enable such 
     students to benefit from the projects.
       ``(2) Subcontracts.--Each recipient of a grant or contract 
     under subsection (b) to carry out a demonstration project 
     under subsection (a) may enter into a contract with any other 
     entity, including the Children's Television Workshop, to 
     carry out the demonstration project.
       ``(3) Demonstration projects.--Demonstration projects 
     assisted under subsection (b) may include--
       ``(A) the identification of the special needs of gifted and 
     talented Indian students, particularly at the elementary 
     school level, giving attention to--
       ``(i) identifying the emotional and psychosocial needs of 
     such students; and
       ``(ii) providing such support services to the families of 
     such students as are needed to enable such students to 
     benefit from the project;
       ``(B) the conduct of educational, psychosocial, and 
     developmental activities that the Secretary determines hold a 
     reasonable promise of resulting in substantial progress 
     toward meeting the educational needs of such gifted and 
     talented children, including--
       ``(i) demonstrating and exploring the use of Indian 
     languages and exposure to Indian cultural traditions; and
       ``(ii) carrying out mentoring and apprenticeship programs;
       ``(C) the provision of technical assistance and the 
     coordination of activities at schools that receive grants 
     under subsection (d) with respect to the activities assisted 
     under such grants, the evaluation of programs assisted under 
     such grants, or the dissemination of such evaluations;
       ``(D) the use of public television in meeting the special 
     educational needs of such gifted and talented children;
       ``(E) leadership programs designed to replicate programs 
     for such children throughout the United States, including 
     disseminating information derived from the demonstration 
     projects conducted under subsection (a); and
       ``(F) appropriate research, evaluation, and related 
     activities pertaining to the needs of such children and to 
     the provision of such support services to the families of 
     such children as are needed to enable such children to 
     benefit from the project.
       ``(4) Application.--Each entity desiring a grant or 
     contract under subsection (b) shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may prescribe.
       ``(d) Additional Grants.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of the Interior, shall award 5 grants to schools 
     funded by the Bureau of Indian Affairs (referred to 
     individually in this section as a `Bureau school') for 
     program research and development and the development and 
     dissemination of curriculum and teacher training material, 
     regarding--
       ``(A) gifted and talented students;
       ``(B) college preparatory studies (including programs for 
     Indian students with an interest in pursuing teaching 
     careers);
       ``(C) students with special culturally related academic 
     needs, including students with social, lingual, and cultural 
     needs; or
       ``(D) mathematics and science education.
       ``(2) Applications.--Each Bureau school desiring a grant to 
     conduct 1 or more of the activities described in paragraph 
     (1) shall submit an application to the Secretary at such time 
     and in such manner as the Secretary may prescribe.
       ``(3) Special rule.--Each application described in 
     paragraph (2) shall be developed, and each grant under this 
     subsection shall be administered, jointly by the supervisor 
     of the Bureau school and the local educational agency serving 
     such school.
       ``(4) Requirements.--In awarding grants under paragraph 
     (1), the Secretary shall achieve a mixture of the programs 
     described in paragraph (1) that ensures that Indian students 
     at

[[Page 6191]]

     all grade levels and in all geographic areas of the United 
     States are able to participate in a program assisted under 
     this subsection.
       ``(5) Grant period.--Subject to the availability of 
     appropriations, a grant awarded under paragraph (1) shall be 
     awarded for a 3-year period and may be renewed by the 
     Secretary for additional 3-year periods if the Secretary 
     determines that the performance of the grant recipient has 
     been satisfactory.
       ``(6) Dissemination.--
       ``(A) Cooperative efforts.--The dissemination of any 
     materials developed from activities assisted under paragraph 
     (1) shall be carried out in cooperation with entities that 
     receive funds pursuant to subsection (b).
       ``(B) Report.--The Secretary shall prepare and submit to 
     the Secretary of the Interior and to Congress a report 
     concerning any results from activities described in this 
     subsection.
       ``(7) Evaluation costs.--
       ``(A) Division.--The costs of evaluating any activities 
     assisted under paragraph (1) shall be divided between the 
     Bureau schools conducting such activities and the recipients 
     of grants or contracts under subsection (b) who conduct 
     demonstration projects under subsection (a).
       ``(B) Grants and contracts.--If no funds are provided under 
     subsection (b) for--
       ``(i) the evaluation of activities assisted under paragraph 
     (1);
       ``(ii) technical assistance and coordination with respect 
     to such activities; or
       ``(iii) the dissemination of the evaluations referred to in 
     clause (i),
     the Secretary shall make such grants, or enter into such 
     contracts, as are necessary to provide for the evaluations, 
     technical assistance, and coordination of such activities, 
     and the dissemination of the evaluations.
       ``(e) Information Network.--The Secretary shall encourage 
     each recipient of a grant or contract under this section to 
     work cooperatively as part of a national network to ensure 
     that the information developed by the grant or contract 
     recipient is readily available to the entire educational 
     community.

     ``SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                   PLANNING AND DEVELOPMENT.

       ``(a) In General.--The Secretary may make grants to Indian 
     tribes, and tribal organizations approved by Indian tribes, 
     to plan and develop a centralized tribal administrative 
     entity to--
       ``(1) coordinate all education programs operated by the 
     tribe or within the territorial jurisdiction of the tribe;
       ``(2) develop education codes for schools within the 
     territorial jurisdiction of the tribe;
       ``(3) provide support services and technical assistance to 
     schools serving children of the tribe; and
       ``(4) perform child-find screening services for the 
     preschool-aged children of the tribe to--
       ``(A) ensure placement in appropriate educational 
     facilities; and
       ``(B) coordinate the provision of any needed special 
     services for conditions such as disabilities and English 
     language skill deficiencies.
       ``(b) Period of Grant.--Each grant awarded under this 
     section may be awarded for a period of not more than 3 years. 
     Such grant may be renewed upon the termination of the initial 
     period of the grant if the grant recipient demonstrates to 
     the satisfaction of the Secretary that renewing the grant for 
     an additional 3-year period is necessary to carry out the 
     objectives of the grant described in subsection (c)(2)(A).
       ``(c) Application for Grant.--
       ``(1) In general.--Each Indian tribe and tribal 
     organization desiring a grant under this section shall submit 
     an application to the Secretary at such time, in such manner, 
     containing such information, and consistent with such 
     criteria, as the Secretary may prescribe in regulations.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be 
     conducted, and the objectives to be achieved, under the 
     grant; and
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and for determining whether such objectives are 
     achieved.
       ``(3) Approval.--The Secretary may approve an application 
     submitted by a tribe or tribal organization pursuant to this 
     section only if the Secretary is satisfied that such 
     application, including any documentation submitted with the 
     application--
       ``(A) demonstrates that the applicant has consulted with 
     other education entities, if any, within the territorial 
     jurisdiction of the applicant who will be affected by the 
     activities to be conducted under the grant;
       ``(B) provides for consultation with such other education 
     entities in the operation and evaluation of the activities 
     conducted under the grant; and
       ``(C) demonstrates that there will be adequate resources 
     provided under this section or from other sources to complete 
     the activities for which assistance is sought, except that 
     the availability of such other resources shall not be a basis 
     for disapproval of such application.
       ``(d) Restriction.--A tribe may not receive funds under 
     this section if such tribe receives funds under section 1144 
     of the Education Amendments of 1978.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Education 
     to carry out this section $3,000,000 for each of fiscal years 
     2001 through 2005.

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

     ``SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 
                   ADULT INDIANS.

       ``(a) In General.--The Secretary shall make grants to State 
     and local educational agencies and to Indian tribes, 
     institutions, and organizations--
       ``(1) to support planning, pilot, and demonstration 
     projects that are designed to test and demonstrate the 
     effectiveness of programs for improving employment and 
     educational opportunities for adult Indians;
       ``(2) to assist in the establishment and operation of 
     programs that are designed to stimulate--
       ``(A) the provision of basic literacy opportunities for all 
     nonliterate Indian adults; and
       ``(B) the provision of opportunities to all Indian adults 
     to qualify for a secondary school diploma, or its recognized 
     equivalent, in the shortest period of time feasible;
       ``(3) to support a major research and development program 
     to develop more innovative and effective techniques for 
     achieving literacy and secondary school equivalency for 
     Indians;
       ``(4) to provide for basic surveys and evaluations to 
     define accurately the extent of the problems of illiteracy 
     and lack of secondary school completion among Indians; and
       ``(5) to encourage the dissemination of information and 
     materials relating to, and the evaluation of, the 
     effectiveness of education programs that may offer 
     educational opportunities to Indian adults.
       ``(b) Educational Services.--The Secretary may make grants 
     to Indian tribes, institutions, and organizations to develop 
     and establish educational services and programs specifically 
     designed to improve educational opportunities for Indian 
     adults.
       ``(c) Information and Evaluation.--The Secretary may make 
     grants to, and enter into contracts with, public agencies and 
     institutions and Indian tribes, institutions, and 
     organizations, for--
       ``(1) the dissemination of information concerning 
     educational programs, services, and resources available to 
     Indian adults, including evaluations of the programs, 
     services, and resources; and
       ``(2) the evaluation of federally assisted programs in 
     which Indian adults may participate to determine the 
     effectiveness of the programs in achieving the purposes of 
     the programs with respect to Indian adults.
       ``(d) Applications.--
       ``(1) In general.--Each entity desiring a grant or contract 
     under this section shall submit to the Secretary an 
     application at such time, in such manner, containing such 
     information, and consistent with such criteria, as the 
     Secretary may prescribe in regulations.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be conducted 
     and the objectives to be achieved under the grant or 
     contract; and
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and determining whether the objectives of the grant or 
     contract are achieved.
       ``(3) Approval.--The Secretary shall not approve an 
     application described in paragraph (1) unless the Secretary 
     determines that such application, including any documentation 
     submitted with the application, indicates that--
       ``(A) there has been adequate participation, by the 
     individuals to be served and the appropriate tribal 
     communities, in the planning and development of the 
     activities to be assisted; and
       ``(B) the individuals and tribal communities referred to in 
     subparagraph (A) will participate in the operation and 
     evaluation of the activities to be assisted.
       ``(4) Priority.--In approving applications under paragraph 
     (1), the Secretary shall give priority to applications from 
     Indian educational agencies, organizations, and institutions.
       ``(e) Administrative Costs.--Not more than 5 percent of the 
     funds made available to an entity through a grant or contract 
     made or entered into under this subpart for a fiscal year may 
     be used to pay for administrative costs.

               ``Subpart 4--National Research Activities

     ``SEC. 9141. NATIONAL ACTIVITIES.

       ``(a) Authorized Activities.--The Secretary may use funds 
     made available under section 9162(b) for each fiscal year 
     to--
       ``(1) conduct research related to effective approaches for 
     the education of Indian children and adults;
       ``(2) evaluate federally assisted education programs from 
     which Indian children and adults may benefit;
       ``(3) collect and analyze data on the educational status 
     and needs of Indians; and
       ``(4) carry out other activities that are consistent with 
     the purpose of this part.
       ``(b) Eligibility.--The Secretary may carry out any of the 
     activities described in subsection (a) directly or through 
     grants to, or contracts or cooperative agreements with, 
     Indian tribes, Indian organizations, State educational 
     agencies, local educational agencies, institutions of higher 
     education, including Indian institutions of higher education, 
     and other public and private agencies and institutions.
       ``(c) Coordination.--Research activities supported under 
     this section--
       ``(1) shall be carried out in consultation with the Office 
     of Educational Research and Improvement to assure that such 
     activities are coordinated with and enhance the research and 
     development activities supported by the Office; and
       ``(2) may include collaborative research activities that 
     are jointly funded and carried out by the Office of Indian 
     Education and the Office of Educational Research and 
     Improvement.

[[Page 6192]]

       ``(d) Administrative Costs.--Not more than 5 percent of the 
     funds made available to an entity through a grant, contract, 
     or agreement made or entered into under this subpart for a 
     fiscal year may be used to pay for administrative costs.

                  ``Subpart 5--Federal Administration

     ``SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

       ``(a) Membership.--There is established a National Advisory 
     Council on Indian Education (referred to in this section as 
     the `Council'), which shall--
       ``(1) consist of 15 Indian members, who shall be appointed 
     by the President from lists of nominees furnished, from time 
     to time, by Indian tribes and Indian organizations; and
       ``(2) represent different geographic areas of the United 
     States.
       ``(b) Duties.--The Council shall--
       ``(1) advise the Secretary concerning the funding and 
     administration (including the development of regulations and 
     administrative policies and practices) of any program, 
     including any program established under this part--
       ``(A) with respect to which the Secretary has jurisdiction; 
     and
       ``(B)(i) that includes Indian children or adults as 
     participants; or
       ``(ii) that may benefit Indian children or adults;
       ``(2) make recommendations to the Secretary for filling the 
     position of Director of Indian Education whenever a vacancy 
     occurs; and
       ``(3) prepare and submit to Congress, not later than June 
     30 of each year, a report on the activities of the Council, 
     including--
       ``(A) any recommendations that the Council considers to be 
     appropriate for the improvement of Federal education programs 
     that include Indian children or adults as participants, or 
     that may benefit Indian children or adults; and
       ``(B) recommendations concerning the funding of any program 
     described in subparagraph (A).

     ``SEC. 9152. PEER REVIEW.

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

     ``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.

       ``In making grants and entering into contracts or 
     cooperative agreements under subpart 2, 3, or 4, the 
     Secretary shall give a preference to Indian tribes, 
     organizations, and institutions of higher education under any 
     program with respect to which Indian tribes, organizations, 
     and institutions are eligible to apply for grants, contracts, 
     or cooperative agreements.

     ``SEC. 9154. MINIMUM GRANT CRITERIA.

       ``The Secretary may not approve an application for a grant, 
     contract, or cooperative agreement under subpart 2 or 3 
     unless the application is for a grant, contract, or 
     cooperative agreement that is--
       ``(1) of sufficient size, scope, and quality to achieve the 
     purpose or objectives of such grant, contract, or cooperative 
     agreement; and
       ``(2) based on relevant research findings.

       ``Subpart 6--Definitions; Authorizations of Appropriations

     ``SEC. 9161. DEFINITIONS.

       ``In this part:
       ``(1) Adult.--The term `adult' means an individual who--
       ``(A) has attained age 16; or
       ``(B) has attained an age that is greater than the age of 
     compulsory school attendance under an applicable State law.
       ``(2) Free public education.--The term `free public 
     education' means education that is--
       ``(A) provided at public expense, under public supervision 
     and direction, and without tuition charge; and
       ``(B) provided as elementary or secondary education in the 
     applicable State or to preschool children.
       ``(3) Indian.--The term `Indian' means an individual who 
     is--
       ``(A) a member of an Indian tribe or band, as membership is 
     defined by the tribe or band, including--
       ``(i) any tribe or band terminated since 1940; and
       ``(ii) any tribe or band recognized by the State in which 
     the tribe or band resides;
       ``(B) a descendant, in the first or second degree, of an 
     individual described in subparagraph (A);
       ``(C) an individual who is considered by the Secretary of 
     the Interior to be an Indian for any purpose;
       ``(D) an Eskimo, Aleut, or other Alaska Native (as defined 
     in section 9306); or
       ``(E) a member of an organized Indian group that received a 
     grant under the Indian Education Act of 1988 as in effect the 
     day preceding the date of enactment of the `Improving 
     America's Schools Act of 1994' (108 Stat. 3518).

     ``SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.

       ``(a) Subpart 1.--There are authorized to be appropriated 
     to the Secretary of Education to carry out subpart 1 
     $62,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(b) Subparts 2 Through 4.--There are authorized to be 
     appropriated to the Secretary of Education to carry out 
     subparts 2, 3, and 4 $4,000,000 for fiscal year 2001 and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years.

                  ``PART B--NATIVE HAWAIIAN EDUCATION

     ``SEC. 9201. SHORT TITLE.

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

     ``SEC. 9202. FINDINGS.

       ``Congress finds the following:
       ``(1) Native Hawaiians are a distinct and unique indigenous 
     people with a historical continuity to the original 
     inhabitants of the Hawaiian archipelago, whose society was 
     organized as a nation and internationally recognized as a 
     nation by the United States, Britain, France, and Japan, as 
     evidenced by treaties governing friendship, commerce, and 
     navigation.
       ``(2) At the time of the arrival of the first non-
     indigenous people in Hawai'i in 1778, the Native Hawaiian 
     people lived in a highly organized, self-sufficient 
     subsistence social system based on a communal land tenure 
     system with a sophisticated language, culture, and religion.
       ``(3) A unified monarchal government of the Hawaiian 
     Islands was established in 1810 under Kamehameha I, the first 
     King of Hawai`i.
       ``(4) From 1826 until 1893, the United States recognized 
     the sovereignty and independence of the Kingdom of Hawai`i, 
     which was established in 1810 under Kamehameha I, extended 
     full and complete diplomatic recognition to the Kingdom of 
     Hawai`i, and entered into treaties and conventions with the 
     Kingdom of Hawai`i to govern friendship, commerce and 
     navigation in 1826, 1842, 1849, 1875, and 1887.
       ``(5) In 1893, the sovereign, independent, internationally 
     recognized, and indigenous government of Hawai`i, the Kingdom 
     of Hawai`i, was overthrown by a small group of non-Hawaiians, 
     including United States citizens, who were assisted in their 
     efforts by the United States Minister, a United States naval 
     representative, and armed naval forces of the United States. 
     Because of the participation of United States agents and 
     citizens in the overthrow of the Kingdom of Hawai`i, in 1993 
     the United States apologized to Native Hawaiians for the 
     overthrow and the deprivation of the rights of Native 
     Hawaiians to self-determination through Public Law 103-150 
     (107 Stat. 1510).
       ``(6) In 1898, the joint resolution entitled `Joint 
     Resolution to provide for annexing the Hawaiian Islands to 
     the United States', approved July 7, 1898 (30 Stat. 750), 
     ceded absolute title of all lands held by the Republic of 
     Hawai`i, including the government and crown lands of the 
     former Kingdom of Hawai`i, to the United States, but mandated 
     that revenue generated from the lands be used `solely for the 
     benefit of the inhabitants of the Hawaiian Islands for 
     educational and other public purposes'.
       ``(7) By 1919, the Native Hawaiian population had declined 
     from an estimated 1,000,000 in 1778 to an alarming 22,600, 
     and in recognition of this severe decline, Congress enacted 
     the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which 
     designated approximately 200,000 acres of ceded public lands 
     for homesteading by Native Hawaiians.
       ``(8) Through the enactment of the Hawaiian Homes 
     Commission Act, 1920, Congress affirmed the special 
     relationship between the United States and the Native 
     Hawaiians, which was described by then Secretary of the 
     Interior Franklin K. Lane, who said: `One thing that 
     impressed me . . . was the fact that the natives of the 
     island who are our wards, I should say, and for whom in a 
     sense we are trustees, are falling off rapidly in numbers and 
     many of them are in poverty.'.
       ``(9) In 1938, Congress again acknowledged the unique 
     status of the Hawaiian people by including in the Act of June 
     20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b-1, 
     392b, 392c, 396, 396a), a provision to lease lands within the 
     National Parks extension to Native Hawaiians and to permit 
     fishing in the area `only by native Hawaiian residents of 
     said area or of adjacent villages and by visitors under their 
     guidance.'.
       ``(10) Under the Act entitled `An Act to provide for the 
     admission of the State of Hawai`i into the Union', approved 
     March 18, 1959 (73 Stat. 4), the United States transferred 
     responsibility for the administration of the Hawaiian Home 
     Lands to the State of Hawai`i but reaffirmed the trust 
     relationship between the United States and the Hawaiian 
     people by retaining the exclusive power to enforce the trust, 
     including the power to approve land exchanges and amendments 
     to such Act affecting the rights of beneficiaries under such 
     Act.
       ``(11) In 1959, under the Act entitled `An Act to provide 
     for the admission of the State of Hawai`i into the Union', 
     the United States also ceded to the State of Hawai`i title to 
     the public lands formerly held by the United States, but 
     mandated that such lands be held by the State `in public 
     trust' and reaffirmed the special relationship that existed 
     between the United States and the Hawaiian people by 
     retaining the legal responsibility to enforce the public 
     trust responsibility of the State of Hawai`i for the 
     betterment of the conditions of Native Hawaiians, as defined 
     in section 201(a) of the Hawaiian Homes Commission Act, 1920.
       ``(12) The United States has recognized and reaffirmed 
     that--
       ``(A) Native Hawaiians have a cultural, historic, and land-
     based link to the indigenous people who exercised sovereignty 
     over the Hawaiian Islands, and that group has never 
     relinquished its claims to sovereignty or its sovereign 
     lands;
       ``(B) Congress does not extend services to Native Hawaiians 
     because of their race, but because of their unique status as 
     the indigenous people of a once sovereign nation as to whom 
     the United States has established a trust relationship;
       ``(C) Congress has also delegated broad authority to 
     administer a portion of the Federal trust responsibility to 
     the State of Hawai`i;

[[Page 6193]]

       ``(D) the political status of Native Hawaiians is 
     comparable to that of American Indians and Alaska Natives; 
     and
       ``(E) the aboriginal, indigenous people of the United 
     States have--
       ``(i) a continuing right to autonomy in their internal 
     affairs; and
       ``(ii) an ongoing right of self-determination and self-
     governance that has never been extinguished.
       ``(13) The political relationship between the United States 
     and the Native Hawaiian people has been recognized and 
     reaffirmed by the United States, as evidenced by the 
     inclusion of Native Hawaiians in--
       ``(A) the Native American Programs Act of 1974 (42 U.S.C. 
     2991 et seq.);
       ``(B) the American Indian Religious Freedom Act (42 U.S.C. 
     1996);
       ``(C) the National Museum of the American Indian Act (20 
     U.S.C. 80q et seq.);
       ``(D) the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.);
       ``(E) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       ``(F) the Native American Languages Act (25 U.S.C. 2901 et 
     seq.);
       ``(G) the American Indian, Alaska Native, and Native 
     Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et 
     seq.);
       ``(H) the Job Training Partnership Act (29 U.S.C. 1501 et 
     seq.) and the Workforce Investment Act of 1998 (29 U.S.C. 
     2801 et seq.); and
       ``(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et 
     seq.).
       ``(14) In 1981, Congress instructed the Office of Education 
     to submit to Congress a comprehensive report on Native 
     Hawaiian education. The report, entitled the `Native Hawaiian 
     Educational Assessment Project', was released in 1983 and 
     documented that Native Hawaiians scored below parity with 
     regard to national norms on standardized achievement tests, 
     were disproportionately represented in many negative social 
     and physical statistics indicative of special educational 
     needs, and had educational needs that were related to their 
     unique cultural situation, such as different learning styles 
     and low self-image.
       ``(15) In recognition of the educational needs of Native 
     Hawaiians, in 1988, Congress enacted title IV of the Augustus 
     F. Hawkins-Robert T. Stafford Elementary and Secondary School 
     Improvement Amendments of 1988 (102 Stat. 130) to authorize 
     and develop supplemental educational programs to address the 
     unique conditions of Native Hawaiians.
       ``(16) In 1993, the Kamehameha Schools Bishop Estate 
     released a 10-year update of findings of the Native Hawaiian 
     Educational Assessment Project, which found that despite the 
     successes of the programs established under title IV of the 
     Augustus F. Hawkins-Robert T. Stafford Elementary and 
     Secondary School Improvement Amendments of 1988, many of the 
     same educational needs still existed for Native Hawaiians. 
     Subsequent reports by the Kamehameha Schools Bishop Estate 
     and other organizations have generally confirmed those 
     findings. For example--
       ``(A) educational risk factors continue to start even 
     before birth for many Native Hawaiian children, including--
       ``(i) late or no prenatal care;
       ``(ii) high rates of births by Native Hawaiian women who 
     are unmarried; and
       ``(iii) high rates of births to teenage parents;
       ``(B) Native Hawaiian students continue to begin their 
     school experience lagging behind other students in terms of 
     readiness factors such as vocabulary test scores;
       ``(C) Native Hawaiian students continue to score below 
     national norms on standardized education achievement tests at 
     all grade levels;
       ``(D) both public and private schools continue to show a 
     pattern of lower percentages of Native Hawaiian students in 
     the uppermost achievement levels and in gifted and talented 
     programs;
       ``(E) Native Hawaiian students continue to be 
     overrepresented among students qualifying for special 
     education programs provided to students with learning 
     disabilities, mild mental retardation, emotional impairment, 
     and other such disabilities;
       ``(F) Native Hawaiians continue to be underrepresented in 
     institutions of higher education and among adults who have 
     completed 4 or more years of college;
       ``(G) Native Hawaiians continue to be disproportionately 
     represented in many negative social and physical statistics 
     indicative of special educational needs, as demonstrated by 
     the fact that--
       ``(i) Native Hawaiian students are more likely to be 
     retained in grade level and to be excessively absent in 
     secondary school;
       ``(ii) Native Hawaiian students have the highest rates of 
     drug and alcohol use in the State of Hawai`i; and
       ``(iii) Native Hawaiian children continue to be 
     disproportionately victimized by child abuse and neglect; and
       ``(H) Native Hawaiians now comprise over 23 percent of the 
     students served by the State of Hawai`i Department of 
     Education, and there are and will continue to be 
     geographically rural, isolated areas with a high Native 
     Hawaiian population density.
       ``(17) In the 1998 National Assessment of Educational 
     Progress, Hawaiian fourth-graders ranked 39th among groups of 
     students from 39 States in reading. Given that Hawaiian 
     students rank among the lowest groups of students nationally 
     in reading, and that Native Hawaiian students rank the lowest 
     among Hawaiian students in reading, it is imperative that 
     greater focus be placed on beginning reading and early 
     education and literacy in Hawai`i.
       ``(18) The findings described in paragraphs (16) and (17) 
     are inconsistent with the high rates of literacy and 
     integration of traditional culture and Western education 
     historically achieved by Native Hawaiians through a Hawaiian 
     language-based public school system established in 1840 by 
     Kamehameha III.
       ``(19) Following the overthrow of the Kingdom of Hawai`i in 
     1893, Hawaiian medium schools were banned. After annexation, 
     throughout the territorial and statehood period of Hawai`i, 
     and until 1986, use of the Hawaiian language as an 
     instructional medium in education in public schools was 
     declared unlawful. The declaration caused incalculable harm 
     to a culture that placed a very high value on the power of 
     language, as exemplified in the traditional saying: `I ka 
     `olelo no ke ola; I ka `olelo no ka make. In the language 
     rests life; In the language rests death.'.
       ``(20) Despite the consequences of over 100 years of 
     nonindigenous influence, the Native Hawaiian people are 
     determined to preserve, develop, and transmit to future 
     generations their ancestral territory and their cultural 
     identity in accordance with their own spiritual and 
     traditional beliefs, customs, practices, language, and social 
     institutions.
       ``(21) The State of Hawai`i, in the constitution and 
     statutes of the State of Hawai`i--
       ``(A) reaffirms and protects the unique right of the Native 
     Hawaiian people to practice and perpetuate their culture and 
     religious customs, beliefs, practices, and language;
       ``(B) recognizes the traditional language of the Native 
     Hawaiian people as an official language of the State of 
     Hawai`i, which may be used as the language of instruction for 
     all subjects and grades in the public school system; and
       ``(C) promotes the study of the Hawaiian culture, language, 
     and history by providing a Hawaiian education program and 
     using community expertise as a suitable and essential means 
     to further the program.

     ``SEC. 9203. PURPOSES.

       ``The purposes of this part are to--
       ``(1) authorize and develop innovative educational programs 
     to assist Native Hawaiians in reaching the National Education 
     Goals;
       ``(2) provide direction and guidance to appropriate 
     Federal, State, and local agencies to focus resources, 
     including resources made available under this part, on Native 
     Hawaiian education, and to provide periodic assessment and 
     data collection;
       ``(3) supplement and expand programs and authorities in the 
     area of education to further the purposes of this title; and
       ``(4) encourage the maximum participation of Native 
     Hawaiians in planning and management of Native Hawaiian 
     education programs.

     ``SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND 
                   COUNCILS.

       ``(a) Establishment of Native Hawaiian Education Council.--
     In order to better effectuate the purposes of this part 
     through the coordination of educational and related services 
     and programs available to Native Hawaiians, including those 
     programs receiving funding under this part, the Secretary is 
     authorized to establish a Native Hawaiian Education Council 
     (referred to in this part as the `Education Council').
       ``(b) Composition of Education Council.--The Education 
     Council shall consist of not more than 21 members, unless 
     otherwise determined by a majority of the council.
       ``(c) Conditions and Terms.--
       ``(1) Conditions.--At least 10 members of the Education 
     Council shall be Native Hawaiian education service providers 
     and 10 members of the Education Council shall be Native 
     Hawaiians or Native Hawaiian education consumers. In 
     addition, a representative of the State of Hawai`i Office of 
     Hawaiian Affairs shall serve as a member of the Education 
     Council.
       ``(2) Appointments.--The members of the Education Council 
     shall be appointed by the Secretary based on recommendations 
     received from the Native Hawaiian community.
       ``(3) Terms.--Members of the Education Council shall serve 
     for staggered terms of 3 years, except as provided in 
     paragraph (4).
       ``(4) Council determinations.--Additional conditions and 
     terms relating to membership on the Education Council, 
     including term lengths and term renewals, shall be determined 
     by a majority of the Education Council.
       ``(d) Native Hawaiian Education Council Grant.--The 
     Secretary shall make a direct grant to the Education Council 
     in order to enable the Education Council to--
       ``(1) coordinate the educational and related services and 
     programs available to Native Hawaiians, including the 
     programs assisted under this part;
       ``(2) assess the extent to which such services and programs 
     meet the needs of Native Hawaiians, and collect data on the 
     status of Native Hawaiian education;
       ``(3) provide direction and guidance, through the issuance 
     of reports and recommendations, to appropriate Federal, 
     State, and local agencies in order to focus and improve the 
     use of resources, including resources made available under 
     this part, relating to Native Hawaiian education, and serve, 
     where appropriate, in an advisory capacity; and
       ``(4) make direct grants, if such grants enable the 
     Education Council to carry out the duties of the Education 
     Council, as described in paragraphs (1) through (3).
       ``(e) Additional Duties of the Education Council.--
       ``(1) In general.--The Education Council shall provide 
     copies of any reports and recommendations issued by the 
     Education Council,

[[Page 6194]]

     including any information that the Education Council provides 
     to the Secretary pursuant to subsection (i), to the 
     Secretary, the Committee on Education and the Workforce of 
     the House of Representatives, and the Committee on Indian 
     Affairs of the Senate.
       ``(2) Annual report.--The Education Council shall prepare 
     and submit to the Secretary an annual report on the Education 
     Council's activities.
       ``(3) Island council support and assistance.--The Education 
     Council shall provide such administrative support and 
     financial assistance to the island councils established 
     pursuant to subsection (f) as the Secretary determines to be 
     appropriate, in a manner that supports the distinct needs of 
     each island council.
       ``(f) Establishment of Island Councils.--
       ``(1) In general.--In order to better effectuate the 
     purposes of this part and to ensure the adequate 
     representation of island and community interests within the 
     Education Council, the Secretary is authorized to facilitate 
     the establishment of Native Hawaiian education island 
     councils (referred to individually in this part as an `island 
     council') for the following islands:
       ``(A) Hawai`i.
       ``(B) Maui.
       ``(C) Moloka`i.
       ``(D) Lana`i.
       ``(E) O`ahu.
       ``(F) Kaua`i.
       ``(G) Ni`ihau.
       ``(2) Composition of island councils.--Each island council 
     shall consist of parents, students, and other community 
     members who have an interest in the education of Native 
     Hawaiians, and shall be representative of individuals 
     concerned with the educational needs of all age groups, from 
     children in preschool through adults. At least \3/4\ of the 
     members of each island council shall be Native Hawaiians.
       ``(g) Administrative Provisions Relating to Education 
     Council and Island Councils.--The Education Council and each 
     island council shall meet at the call of the chairperson of 
     the appropriate council, or upon the request of the majority 
     of the members of the appropriate council, but in any event 
     not less often than 4 times during each calendar year. The 
     provisions of the Federal Advisory Committee Act shall not 
     apply to the Education Council and each island council.
       ``(h) Compensation.--Members of the Education Council and 
     each island council shall not receive any compensation for 
     service on the Education Council and each island council, 
     respectively.
       ``(i) Report.--Not later than 4 years after the date of 
     enactment of the Educational Opportunities Act, the Secretary 
     shall prepare and submit to the Committee on Education and 
     the Workforce of the House of Representatives and the 
     Committee on Indian Affairs of the Senate a report that 
     summarizes the annual reports of the Education Council, 
     describes the allocation and use of funds under this part, 
     and contains recommendations for changes in Federal, State, 
     and local policy to advance the purposes of this part.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $300,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years. Funds 
     appropriated under this subsection shall remain available 
     until expended.

     ``SEC. 9205. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--The Secretary is authorized to 
     make direct grants to, or enter into contracts with--
       ``(A) Native Hawaiian educational organizations;
       ``(B) Native Hawaiian community-based organizations;
       ``(C) public and private nonprofit organizations, agencies, 
     and institutions with experience in developing or operating 
     Native Hawaiian programs or programs of instruction in the 
     Native Hawaiian language; and
       ``(D) consortia of the organizations, agencies, and 
     institutions described in subparagraphs (A) through (C),
     to carry out programs that meet the purposes of this part.
       ``(2) Priorities.--In awarding grants or contracts to carry 
     out activities described in paragraph (3), the Secretary 
     shall give priority to entities proposing projects that are 
     designed to address--
       ``(A) beginning reading and literacy among students in 
     kindergarten through third grade;
       ``(B) the needs of at-risk children and youth;
       ``(C) needs in fields or disciplines in which Native 
     Hawaiians are underemployed; and
       ``(D) the use of the Hawaiian language in instruction.
       ``(3) Authorized activities.--Activities provided through 
     programs carried out under this part may include--
       ``(A) the development and maintenance of a statewide Native 
     Hawaiian early education and care system to provide a 
     continuum of services for Native Hawaiian children from the 
     prenatal period of the children through age 5;
       ``(B) the operation of family-based education centers that 
     provide such services as--
       ``(i) programs for Native Hawaiian parents and their 
     infants from the prenatal period of the infants through age 
     3;
       ``(ii) preschool programs for Native Hawaiians; and
       ``(iii) research on, and development and assessment of, 
     family-based, early childhood, and preschool programs for 
     Native Hawaiians;
       ``(C) activities that enhance beginning reading and 
     literacy in either the Hawaiian or the English language among 
     Native Hawaiian students in kindergarten through third grade 
     and assistance in addressing the distinct features of 
     combined English and Hawaiian literacy for Hawaiian speakers 
     in fifth and sixth grade;
       ``(D) activities to meet the special needs of Native 
     Hawaiian students with disabilities, including--
       ``(i) the identification of such students and their needs;
       ``(ii) the provision of support services to the families of 
     those students; and
       ``(iii) other activities consistent with the requirements 
     of the Individuals with Disabilities Education Act;
       ``(E) activities that address the special needs of Native 
     Hawaiian students who are gifted and talented, including--
       ``(i) educational, psychological, and developmental 
     activities designed to assist in the educational progress of 
     those students; and
       ``(ii) activities that involve the parents of those 
     students in a manner designed to assist in the students' 
     educational progress;
       ``(F) the development of academic and vocational curricula 
     to address the needs of Native Hawaiian children and adults, 
     including curriculum materials in the Hawaiian language and 
     mathematics and science curricula that incorporate Native 
     Hawaiian tradition and culture;
       ``(G) professional development activities for educators, 
     including--
       ``(i) the development of programs to prepare prospective 
     teachers to address the unique needs of Native Hawaiian 
     students within the context of Native Hawaiian culture, 
     language, and traditions;
       ``(ii) in-service programs to improve the ability of 
     teachers who teach in schools with concentrations of Native 
     Hawaiian students to meet those students' unique needs; and
       ``(iii) the recruitment and preparation of Native 
     Hawaiians, and other individuals who live in communities with 
     a high concentration of Native Hawaiians, to become teachers;
       ``(H) the operation of community-based learning centers 
     that address the needs of Native Hawaiian families and 
     communities through the coordination of public and private 
     programs and services, including--
       ``(i) preschool programs;
       ``(ii) after-school programs; and
       ``(iii) vocational and adult education programs;
       ``(I) activities to enable Native Hawaiians to enter and 
     complete programs of postsecondary education, including--
       ``(i) provision of full or partial scholarships for 
     undergraduate or graduate study that are awarded to students 
     based on their academic promise and financial need, with a 
     priority, at the graduate level, given to students entering 
     professions in which Native Hawaiians are underrepresented;
       ``(ii) family literacy services;
       ``(iii) counseling and support services for students 
     receiving scholarship assistance;
       ``(iv) counseling and guidance for Native Hawaiian 
     secondary students who have the potential to receive 
     scholarships; and
       ``(v) faculty development activities designed to promote 
     the matriculation of Native Hawaiian students;
       ``(J) research and data collection activities to determine 
     the educational status and needs of Native Hawaiian children 
     and adults;
       ``(K) other research and evaluation activities related to 
     programs carried out under this part; and
       ``(L) other activities, consistent with the purposes of 
     this part, to meet the educational needs of Native Hawaiian 
     children and adults.
       ``(4) Special rule and conditions.--
       ``(A) Institutions outside hawaii.--The Secretary shall not 
     establish a policy under this section that prevents a Native 
     Hawaiian student enrolled at a 2- or 4-year degree granting 
     institution of higher education outside of the State of 
     Hawai`i from receiving a fellowship pursuant to paragraph 
     (3)(I).
       ``(B) Fellowship conditions.--The Secretary shall establish 
     conditions for receipt of a fellowship awarded under 
     paragraph (3)(I). The conditions shall require that an 
     individual seeking such a fellowship enter into a contract to 
     provide professional services, either during the fellowship 
     period or upon completion of a program of postsecondary 
     education, to the Native Hawaiian community.
       ``(b) Administrative Costs.--Not more than 5 percent of 
     funds provided to a grant recipient under this section for 
     any fiscal year may be used for administrative purposes.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $23,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years. Funds 
     appropriated under this subsection shall remain available 
     until expended.

     ``SEC. 9206. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, and no contract may be entered into under this 
     part, unless the entity seeking the grant or contract submits 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     determine to be necessary to carry out the provisions of this 
     part.
       ``(b) Special Rule.--Each applicant for a grant or contract 
     under this part shall submit the application for comment to 
     the local educational agency serving students who will 
     participate in the program to be carried out under

[[Page 6195]]

     the grant or contract, and include those comments, if any, 
     with the application to the Secretary.

     ``SEC. 9207. DEFINITIONS.

       ``In this part:
       ``(1) Native hawaiian.--The term `Native Hawaiian' means 
     any individual who is--
       ``(A) a citizen of the United States; and
       ``(B) a descendant of the aboriginal people who, prior to 
     1778, occupied and exercised sovereignty in the area that now 
     comprises the State of Hawai`i, as evidenced by--
       ``(i) genealogical records;
       ``(ii) Kupuna (elders) or Kama`aina (long-term community 
     residents) verification; or
       ``(iii) certified birth records.
       ``(2) Native hawaiian community-based organization.--The 
     term `Native Hawaiian community-based organization' means any 
     organization that is composed primarily of Native Hawaiians 
     from a specific community and that assists in the social, 
     cultural, and educational development of Native Hawaiians in 
     that community.
       ``(3) Native hawaiian educational organization.--The term 
     `Native Hawaiian educational organization' means a private 
     nonprofit organization that--
       ``(A) serves the interests of Native Hawaiians;
       ``(B) has Native Hawaiians in substantive and policymaking 
     positions within the organization;
       ``(C) incorporates Native Hawaiian perspective, values, 
     language, culture, and traditions into the core function of 
     the organization;
       ``(D) has demonstrated expertise in the education of Native 
     Hawaiian youth; and
       ``(E) has demonstrated expertise in research and program 
     development.
       ``(4) Native hawaiian language.--The term `Native Hawaiian 
     language' means the single Native American language 
     indigenous to the original inhabitants of the State of 
     Hawai`i.
       ``(5) Native hawaiian organization.--The term `Native 
     Hawaiian organization' means a private nonprofit organization 
     that--
       ``(A) serves the interests of Native Hawaiians;
       ``(B) has Native Hawaiians in substantive and policymaking 
     positions within the organizations; and
       ``(C) is recognized by the Governor of Hawai`i for the 
     purpose of planning, conducting, or administering programs 
     (or portions of programs) for the benefit of Native 
     Hawaiians.
       ``(6) Office of hawaiian affairs.--The term `Office of 
     Hawaiian Affairs' means the office of Hawaiian Affairs 
     established by the Constitution of the State of Hawai`i.

                   ``PART C--ALASKA NATIVE EDUCATION

     ``SEC. 9301. SHORT TITLE.

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

     ``SEC. 9302. FINDINGS.

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

     ``SEC. 9303. PURPOSES.

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

     ``SEC. 9304. PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) Grants and contracts.--The Secretary is authorized to 
     make grants to, or enter into contracts with, Alaska Native 
     organizations, educational entities with experience in 
     developing or operating Alaska Native programs or programs of 
     instruction conducted in Alaska Native languages, and 
     consortia of such organizations and entities to carry out 
     programs that meet the purposes of this part.
       ``(2) Permissible activities.--Activities provided through 
     programs carried out under this part may include--
       ``(A) the development and implementation of plans, methods, 
     and strategies to improve the education of Alaska Natives;
       ``(B) the development of curricula and educational programs 
     that address the educational needs of Alaska Native students, 
     including--
       ``(i) curriculum materials that reflect the cultural 
     diversity or the contributions of Alaska Natives;
       ``(ii) instructional programs that make use of Native 
     Alaskan languages; and
       ``(iii) networks that introduce successful programs, 
     materials, and techniques to urban and rural schools;
       ``(C) professional development activities for educators, 
     including--
       ``(i) programs to prepare teachers to address the cultural 
     diversity and unique needs of Alaska Native students;
       ``(ii) in-service programs to improve the ability of 
     teachers to meet the unique needs of Alaska Native students; 
     and
       ``(iii) recruitment and preparation of teachers who are 
     Alaska Native, reside in communities with high concentrations 
     of Alaska Native students, or are likely to succeed as 
     teachers in isolated, rural communities and engage in cross-
     cultural instruction in Alaska;
       ``(D) the development and operation of home instruction 
     programs for Alaska Native preschool children, the purpose of 
     which is to ensure the active involvement of parents in their 
     children's education from the earliest ages;
       ``(E) family literacy services;
       ``(F) the development and operation of student enrichment 
     programs in science and mathematics that--
       ``(i) are designed to prepare Alaska Native students from 
     rural areas, who are preparing to enter secondary school, to 
     excel in science and math; and
       ``(ii) provide appropriate support services to the families 
     of such students that are needed to enable such students to 
     benefit from the programs;
       ``(G) research and data collection activities to determine 
     the educational status and needs of Alaska Native children 
     and adults;
       ``(H) other research and evaluation activities related to 
     programs carried out under this part; and
       ``(I) other activities, consistent with the purposes of 
     this part, to meet the educational needs of Alaska Native 
     children and adults.
       ``(3) Home instruction programs.--Home instruction programs 
     for Alaska Native preschool children carried out under 
     paragraph (2)(D) may include--
       ``(A) programs for parents and their infants, from the 
     prenatal period of the infant through age 3;
       ``(B) preschool programs; and
       ``(C) training, education, and support for parents in such 
     areas as reading readiness, observation, story telling, and 
     critical thinking.
       ``(b) Administrative Costs.--Not more than 5 percent of 
     funds provided to a grant recipient under this section for 
     any fiscal year may be used for administrative purposes.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $17,000,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.

     ``SEC. 9305. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, and no contract may be entered into under this 
     part, unless the entity seeking the grant or contract submits 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     determine to be necessary to carry out the provisions of this 
     part.
       ``(b) Applications.--A State educational agency or local 
     educational agency may apply for a grant or contract under 
     this part only as part of a consortium involving an Alaska 
     Native organization. The consortium may include other 
     eligible applicants.
       ``(c) Consultation Required.--Each applicant for a grant or 
     contract under this part shall provide for ongoing advice 
     from and consultation with representatives of the Alaska 
     Native community.
       ``(d) Local Educational Agency Coordination.--Each 
     applicant for a grant or contract under this part shall 
     inform each local educational agency serving students who 
     will participate in the program to be carried out under the 
     grant or contract about the application.

     ``SEC. 9306. DEFINITIONS.

       ``In this part:
       ``(1) Alaska native.--The term `Alaska Native' has the 
     meaning given the term `Native' in section 3(b) of the Alaska 
     Native Claims Settlement Act.
       ``(2) Alaska native organization.--The term `Alaska Native 
     organization' means a federally recognized tribe, consortium 
     of tribes, regional nonprofit Native association, or another 
     organization that--
       ``(A) has or commits to acquire expertise in the education 
     of Alaska Natives; and
       ``(B) has Alaska Natives in substantive and policymaking 
     positions within the organization.''.

[[Page 6196]]



     SEC. 902. CONFORMING AMENDMENTS.

       (a) Higher Education Act of 1965.--Section 317(b) of the 
     Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is 
     amended--
       (1) in paragraph (1), by striking ``section 9308'' and 
     inserting ``section 9306''; and
       (2) in paragraph (3), by striking ``section 9212'' and 
     inserting ``section 9207''.
       (b) Public Law 88-210.--Section 116 of Public Law 88-210 
     (as added by section 1 of Public Law 105-332 (112 Stat. 
     3076)) is amended by striking ``section 9212 of the Native 
     Hawaiian Education Act (20 U.S.C. 7912)'' and inserting 
     ``section 9207 of the Native Hawaiian Education Act''.
       (c) Carl D. Perkins Vocational and Technical Education Act 
     of 1998.--Section 116(a)(5) of the Carl D. Perkins Vocational 
     and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is 
     amended by striking ``section 9212'' and all that follows and 
     inserting ``section 9207 of the Native Hawaiian Education 
     Act''.
       (d) Museum and Library Services Act.--Section 261 of the 
     Museum and Library Services Act (20 U.S.C. 9161) is amended 
     by striking ``section 9212 of the Native Hawaiian Education 
     Act (20 U.S.C. 7912)'' and inserting ``section 9207 of the 
     Native Hawaiian Education Act''.
       (e) Act of April 16, 1934.--Section 5 of the Act of April 
     16, 1934 (commonly known as the ``Johnson-O'Malley Act'') (88 
     Stat. 2213; 25 U.S.C. 456) is amended by striking ``section 
     9104(c)(4)'' and inserting ``section 9114(c)(4)''.
       (f) Native American Languages Act.--Section 103 of the 
     Native American Languages Act (25 U.S.C. 2902) is amended--
       (1) in paragraph (2), by striking ``section 9161(4) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7881(4))'' and inserting ``section 9161(3) of the Elementary 
     and Secondary Education Act of 1965''; and
       (2) in paragraph (3), by striking ``section 9212(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7912(1))'' and inserting ``section 9207 of the Elementary and 
     Secondary Education Act of 1965''.
       (g) Workforce Investment Act of 1998.--Section 166(b)(3) of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3)) 
     is amended by striking ``paragraphs (1) and (3), 
     respectively, of section 9212 of the Native Hawaiian 
     Education Act (20 U.S.C. 7912)'' and inserting ``section 9207 
     of the Native Hawaiian Education Act''.
       (h) Assets for Independence Act.--Section 404(11) of the 
     Assets for Independence Act (42 U.S.C. 604 note) is amended 
     by striking ``section 9212 of the Native Hawaiian Education 
     Act (20 U.S.C. 7912)'' and inserting ``section 9207 of the 
     Native Hawaiian Education Act''.

                      TITLE X--GENERAL PROVISIONS

     SEC. 10001. UNIFORM PROVISIONS.

       The Act (20 U.S.C. 6301 et seq.) is amended--
       (1) by amending the heading for title X (20 U.S.C. 8001 et 
     seq.) to read as follows:

                    ``TITLE X--GENERAL PROVISIONS'';

       (2) by repealing part A of title X (20 U.S.C. 8001 et 
     seq.);
       (3) by transferring part E of title XIV (20 U.S.C. 8891 et 
     seq.) to title X, inserting such part E after the heading for 
     title X (as so amended), and redesignating such part E (as so 
     transferred) as part A of title X;
       (4) by redesignating sections 14501 through 14514 (as so 
     transferred) (20 U.S.C. 8891, 8904) as sections 10101 through 
     10114;
       (5) in section 10103(b)(1) (as so redesignated) (20 U.S.C. 
     8893(b)(1)), by striking subparagraphs (A) through (E) and 
     inserting the following:
       ``(A) part C of title I;
       ``(B) title II;
       ``(C) part A of title IV;
       ``(D) part A of title V; and
       ``(E) title VII.'';
       (6) in section 10104 (as so redesignated) (20 U.S.C. 
     8894)--
       (A) in the matter preceding paragraph (1), by striking 
     ``14503'' and inserting ``10103''; and
       (B) in paragraph (2), by striking ``14503, 14505, and 
     14506'' and inserting ``10103, 10105, and 10106'';
       (7) in section 10105(a) (as so redesignated) (20 U.S.C. 
     8895(a)), by striking ``14503'' and inserting ``10103'';
       (8) in section 10106 (as so redesignated) (20 U.S.C. 
     8896)--
       (A) in subsection (a)(1), by striking ``14504'' and 
     inserting ``10104''; and
       (B) in subsection (b), by striking ``14503'' and inserting 
     ``10103''; and
       (9) by inserting after section 10114 (as so redesignated) 
     the following:

     ``SEC. 10115. CONSTRUCTION.

       ``Nothing in this Act shall be construed to prohibit 
     recruiters for the Armed Forces of the United States from 
     receiving the same access to secondary school students, and 
     to directory information concerning such students, as is 
     provided to postsecondary educational institutions or to 
     prospective employers of such students, because all students 
     should have access to high quality continuing education or 
     service opportunities.

     ``SEC. 10116. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS 
                   OPERATED SCHOOLS.

       ``For purposes of any competitive program under this Act--
       ``(1) a consortium of schools operated by the Bureau of 
     Indian Affairs;
       ``(2) a school operated under a contract or grant with the 
     Bureau of Indian Affairs in consortium with another contract 
     or grant school, or with a tribal or community organization; 
     or
       ``(3) a Bureau of Indian Affairs school in consortium with 
     an institution of higher education, with a contract or grant 
     school, or with a tribal or community organization, shall be 
     given the same consideration as a local educational 
     agency.''.

     SEC. 10002. EVALUATIONS.

       Part B of title X (20 U.S.C. 8031 et seq.) is amended to 
     read as follows:

                         ``PART B--EVALUATIONS

     ``SEC. 10201. EVALUATIONS.

       ``(a) Evaluations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary is authorized to reserve not more than 0.50 percent 
     of the amount appropriated to carry out each program 
     authorized under this Act--
       ``(A) to carry out comprehensive evaluations of categorical 
     programs and demonstration projects, and studies of program 
     effectiveness, under this Act, and the administrative impact 
     of such programs on schools and local educational agencies in 
     accordance with subsection (b);
       ``(B) to evaluate the aggregate short- and long-term 
     effects and cost efficiencies across Federal programs under 
     this Act; and
       ``(C) to strengthen the usefulness of grant recipient 
     evaluations for continuous program progress through improving 
     the quality, timeliness, efficiency, and utilization of 
     program information on program performance.
       ``(2) Special rule.--
       ``(A) Applicability.--Paragraph (1) shall not apply to any 
     program under title I.
       ``(B) Special Rule.--If funds are made available under any 
     program assisted under this Act (other than a program under 
     title I) for evaluation activities, then the Secretary shall 
     reserve no additional funds pursuant to the authority in 
     paragraph (1) to evaluate such program, but shall coordinate 
     the evaluation of such program with the national evaluation 
     described in subsection (b).
       ``(b) National Evaluations.--
       ``(1) In general.--The Secretary shall use the funds made 
     available under subsection (a)--
       ``(A) to carry out independent studies of categorical and 
     demonstration programs under this Act and the administrative 
     impact of such programs on schools and local educational 
     agencies, that are coordinated with research supported 
     through the Office of Educational Research and Improvement, 
     using rigorous methodological designs and techniques, 
     including longitudinal designs, control groups, and random 
     assignment, as appropriate, to determine--
       ``(i) the success of such programs in meeting the 
     measurable goals and objectives, through appropriate 
     targeting, quality services, and efficient administration, 
     and in contributing to achieving America's Education Goals, 
     with a priority on assessing program impact on student 
     performance;
       ``(ii) the short- and long-term effects of program 
     participation on program participants, as appropriate;
       ``(iii) the cost and efficiency of such programs;
       ``(iv) to the extent feasible, the cost of serving all 
     students eligible to be served under such programs;
       ``(v) specific intervention strategies and implementation 
     of such strategies that, based on theory, research and 
     evaluation, offer the promise of improved achievement of 
     program objectives;
       ``(vi) promising means of identifying and disseminating 
     effective management and educational practices;
       ``(vii) the effect of such programs on school and local 
     educational agencies' administrative responsibilities and 
     structure, including the use of local and State resources, 
     with particular attention to schools and agencies serving a 
     high concentration of disadvantaged students;
       ``(viii) the effect of Federal categorical programs at the 
     elementary and secondary levels on the proliferation of State 
     categorical education aid programs and regulations, including 
     an evaluation of the State regulations that are developed in 
     response to Federal education laws; and
       ``(ix) the effect of such programs on school reform 
     efforts;
       ``(B) to carry out a study of the waivers granted under 
     section 6601, which study shall include--
       ``(i) data on the total number of waiver requests that were 
     granted and the total number of such requests that were 
     denied, disaggregated by the statutory or regulatory 
     requirement for which the waivers were requested; and
       ``(ii) an analysis of the effect of waivers on categorical 
     program requirements and other flexibility provisions in this 
     Act on improvement in educational achievement of 
     participating students and on school and local educational 
     agency administrative responsibilities, structure, and 
     resources based on an appropriate sample of State educational 
     agencies, local educational agencies, schools, and tribes 
     receiving waivers;
       ``(C) to carry out a study of the waivers under section 
     1114 to support schoolwide programs which shall include--
       ``(i) the extent to which schoolwide programs are meeting 
     the intent and purposes of any program for which provisions 
     were waived; and
       ``(ii) the extent to which the needs of all students are 
     being served by such programs particularly students who would 
     be eligible for assistance under any provisions waived; and
       ``(D) to provide for a study, conducted by the National 
     Academy of Sciences, regarding the relationship between time 
     and learning, which shall include--
       ``(i) an analysis of the impact of increasing education 
     time on student achievement;
       ``(ii) an analysis of how schools, teachers, and students 
     use time and the quality of instructional activities;
       ``(iii) an analysis of how time outside of school may be 
     used to enhance student learning; and

[[Page 6197]]

       ``(iv) cost estimates for increasing time in school.
       ``(2) Independent panel.--The Secretary shall appoint an 
     independent panel to review the plan for the evaluation 
     described in paragraph (1), to advise the Secretary on such 
     evaluation's progress, and to comment, if the panel so 
     wishes, on the final report described in paragraph (3).
       ``(3) Report.--The Secretary shall submit a final report on 
     the evaluation described in this subsection by January 1, 
     2004, to the Committee on Education and the Workforce of the 
     House of Representatives and to the Committee on Health, 
     Education, Labor, and Pensions of the Senate.
       ``(c) Recipient Evaluation and Quality Assurance 
     Improvement.--The Secretary is authorized to provide 
     guidance, technical assistance, and model programs to 
     recipients of assistance under this Act to strengthen 
     information for quality assurance and performance information 
     feedback at State and local levels. Such guidance and 
     assistance shall promote the development, measurement and 
     reporting of valid, reliable, timely and consistent 
     performance indicators within a program in order to promote 
     continuous program improvement. Nothing in this subsection 
     shall be construed to establish a national data system.''.

     SEC. 10003. AMERICA'S EDUCATION GOALS.

       Part C of title X (20 U.S.C. 8061 et seq.) is amended to 
     read as follows:

                  ``PART C--AMERICA'S EDUCATION GOALS

     ``SEC. 10301. AMERICA'S EDUCATION GOALS.

       ``America's Education Goals are as follows:
       ``(1) School readiness.--
       ``(A) Goal.--All children in America will start school 
     ready to learn.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) all children will have access to high-quality and 
     developmentally appropriate preschool programs that help 
     prepare children for school;
       ``(ii) every parent in the United States will be a child's 
     first teacher and devote time each day to helping such 
     parent's preschool child learn, and parents will have access 
     to the training and support parents need; and
       ``(iii) children will receive the nutrition, physical 
     activity experiences, and health care needed to arrive at 
     school with healthy minds and bodies, and to maintain the 
     mental alertness necessary to be prepared to learn, and the 
     number of low-birthweight babies will be significantly 
     reduced through enhanced prenatal health systems.
       ``(2) School completion.--
       ``(A) Goal.--The high school graduation rate will increase 
     to at least 90 percent.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) the Nation must dramatically reduce its school 
     dropout rate, and 75 percent of the students who do drop out 
     will successfully complete a high school degree or its 
     equivalent; and
       ``(ii) the gap in high school graduation rates between 
     American students from minority backgrounds and their non-
     minority counterparts will be eliminated.
       ``(3) Student achievement and citizenship.--
       ``(A) Goal.--All students will leave grades 4, 8, and 12 
     having demonstrated competency over challenging subject 
     matter including English, mathematics, science, foreign 
     languages, civics and government, economics, arts, history, 
     and geography, and every school in America will ensure that 
     all students learn to use their minds well, so they may be 
     prepared for responsible citizenship, further learning, and 
     productive employment in our Nation's modern economy.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) the academic performance of all students at the 
     elementary and secondary level will increase significantly in 
     every quartile, and the distribution of minority students in 
     each quartile will more closely reflect the student 
     population as a whole;
       ``(ii) the percentage of all students who demonstrate the 
     ability to reason, solve problems, apply knowledge, and write 
     and communicate effectively will increase substantially;
       ``(iii) all students will be involved in activities that 
     promote and demonstrate good citizenship, good health, 
     community service, and personal responsibility;
       ``(iv) all students will have access to physical education 
     and health education to ensure they are healthy and fit;
       ``(v) the percentage of all students who are competent in 
     more than one language will substantially increase; and
       ``(vi) all students will be knowledgeable about the diverse 
     cultural heritage of this Nation and about the world 
     community.
       ``(4) Teacher education and professional development.--
       ``(A) Goal.--The Nation's teaching force will have access 
     to programs for the continued improvement of their 
     professional skills and the opportunity to acquire the 
     knowledge and skills needed to instruct and prepare all 
     American students.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) all teachers will have access to preservice teacher 
     education and continuing professional development activities 
     that will provide such teachers with the knowledge and skills 
     needed to teach to an increasingly diverse student population 
     with a variety of educational, social, and health needs;
       ``(ii) all teachers will have continuing opportunities to 
     acquire additional knowledge and skills needed to teach 
     challenging subject matter and to use emerging new methods, 
     forms of assessment, and technologies;
       ``(iii) States and school districts will create integrated 
     strategies to attract, recruit, prepare, retrain, and support 
     the continued professional development of teachers, 
     administrators, and other educators, so that there is a 
     highly talented work force of professional educators to teach 
     challenging subject matter; and
       ``(iv) partnerships will be established, whenever possible, 
     among local educational agencies, institutions of higher 
     education, parents, and local labor, business, and 
     professional associations to provide and support programs for 
     the professional development of educators.
       ``(5) Mathematics and science.--
       ``(A) Goal.--United States students will be first in the 
     world in mathematics and science achievement.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) mathematics and science education, including the 
     metric system of measurement, will be strengthened throughout 
     the education system, especially in the early grades;
       ``(ii) the number of teachers with a substantive background 
     in mathematics and science, including the metric system of 
     measurement, will increase by 50 percent; and
       ``(iii) the number of United States undergraduate and 
     graduate students, especially women and minorities, who 
     complete degrees in mathematics, science, and engineering 
     will increase significantly.
       ``(6) Adult literacy and lifelong learning.--
       ``(A) Goal.--Every adult American will be literate and will 
     possess the knowledge and skills necessary to compete in a 
     global economy and exercise the rights and responsibilities 
     of citizenship.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) every major American business will be involved in 
     strengthening the connection between education and work;
       ``(ii) all workers will have the opportunity to acquire the 
     knowledge and skills, from basic to highly technical, needed 
     to adapt to emerging new technologies, work methods, and 
     markets through public and private educational, vocational, 
     technical, workplace, or other programs;
       ``(iii) the number of quality programs, including those at 
     libraries, that are designed to serve more effectively the 
     needs of the growing number of part-time and midcareer 
     students will increase substantially;
       ``(iv) the proportion of the qualified students, especially 
     minorities, who enter college, who complete at least two 
     years, and who complete their degree programs will increase 
     substantially;
       ``(v) the proportion of college graduates who demonstrate 
     an advanced ability to think critically, communicate 
     effectively, and solve problems will increase substantially; 
     and
       ``(vi) schools, in implementing comprehensive parent 
     involvement programs, will offer more adult literacy, parent 
     training and life-long learning opportunities to improve the 
     ties between home and school, and enhance parents' work and 
     home lives.
       ``(7) Safe, disciplined, and alcohol- and drug-free 
     schools.--
       ``(A) Goal.--Every school in the United States will be free 
     of drugs, violence, and the unauthorized presence of firearms 
     and alcohol, and will offer a disciplined environment 
     conducive to learning.
       ``(B) Objectives.--The objectives for this goal are that--
       ``(i) every school will implement a firm and fair policy on 
     use, possession, and distribution of drugs and alcohol;
       ``(ii) parents, businesses, governmental and community 
     organizations will work together to ensure the rights of 
     students to study in a safe and secure environment that is 
     free of drugs and crime, and that schools provide a healthy 
     environment and are a safe haven for all children;
       ``(iii) every local educational agency will develop and 
     implement a policy to ensure that all schools are free of 
     violence and the unauthorized presence of weapons;
       ``(iv) every local educational agency will develop a 
     sequential, comprehensive kindergarten through twelfth grade 
     drug and alcohol prevention education program;
       ``(v) drug and alcohol curriculum should be taught as an 
     integral part of sequential, comprehensive health education;
       ``(vi) community-based teams should be organized to provide 
     students and teachers with needed support; and
       ``(vii) every school should work to eliminate sexual 
     harassment.
       ``(8) Parental participation.--
       ``(A) Goal.--Every school will promote partnerships that 
     will increase parental involvement and participation in 
     promoting the social, emotional, and academic growth of 
     children.
       ``(B) Objectives.--The objectives for this Goal are that--
       ``(i) every State will develop policies to assist local 
     schools and local educational agencies to establish programs 
     for increasing partnerships that respond to the varying needs 
     of parents and the home, including parents of children who 
     are disadvantaged or bilingual, or parents of children with 
     disabilities;
       ``(ii) every school will actively engage parents and 
     families in a partnership which supports the academic work of 
     children at home and shared educational decisionmaking at 
     school; and

[[Page 6198]]

       ``(iii) parents and families will help to ensure that 
     schools are adequately supported and will hold schools and 
     teachers to high standards of accountability.''.

     SEC. 10004. AMERICA'S EDUCATION GOALS PANEL.

       (a) Amendment.--Part D of title X (20 U.S.C. 8091 et seq.) 
     is amended to read as follows:

               ``PART D--AMERICA'S EDUCATION GOALS PANEL

     ``SEC. 10401. AMERICA'S EDUCATION GOALS PANEL.

       ``(a) Purpose.--It is the purpose of this section to 
     establish a bipartisan mechanism for--
       ``(1) building a national consensus for education 
     improvement; and
       ``(2) reporting on progress toward achieving the National 
     Education Goals.
       ``(b) America's Education Goals Panel.--
       ``(1) Establishment.--There is established in the executive 
     branch an America's Education Goals Panel (hereafter in this 
     section referred to as the `Goals Panel') to advise the 
     President, the Secretary, and Congress.
       ``(2) Composition.--The Goals Panel shall be composed of 18 
     members (hereafter in this section referred to as `members'), 
     including--
       ``(A) 2 members appointed by the President;
       ``(B) 8 members who are Governors, 3 of whom shall be from 
     the same political party as the President and 5 of whom shall 
     be from the opposite political party of the President, 
     appointed by the Chairperson and Vice Chairperson of the 
     National Governors' Association, with the Chairperson and 
     Vice Chairperson each appointing representatives of such 
     Chairperson's or Vice Chairperson's respective political 
     party, in consultation with each other;
       ``(C) 4 Members of Congress, of whom--
       ``(i) 1 member shall be appointed by the Majority Leader of 
     the Senate from among the Members of the Senate;
       ``(ii) 1 member shall be appointed by the Minority Leader 
     of the Senate from among the Members of the Senate;
       ``(iii) 1 member shall be appointed by the Majority Leader 
     of the House of Representatives from among the Members of the 
     House of Representatives; and
       ``(iv) 1 member shall be appointed by the Minority Leader 
     of the House of Representatives from among the Members of the 
     House of Representatives; and
       ``(D) 4 members of State legislatures appointed by the 
     President of the National Conference of State Legislatures, 
     of whom 2 shall be of the same political party as the 
     President of the United States.
       ``(3) Special appointment rules.--
       ``(A) In general.--The members appointed pursuant to 
     paragraph (2)(B) shall be appointed as follows:
       ``(i) Same party.--If the Chairperson of the National 
     Governors' Association is from the same political party as 
     the President, the Chairperson shall appoint 3 individuals 
     and the Vice Chairperson of such association shall appoint 5 
     individuals.
       ``(ii) Opposite party.--If the Chairperson of the National 
     Governors' Association is from the opposite political party 
     as the President, the Chairperson shall appoint 5 individuals 
     and the Vice Chairperson of such association shall appoint 3 
     individuals.
       ``(B) Special rule.--If the National Governors' Association 
     has appointed a panel that meets the requirements of 
     paragraph (2) and subparagraph (A), except for the 
     requirements of subparagraph (D) of paragraph (2), prior to 
     the date of enactment of the Elementary and Secondary 
     Education Amendments of 1999, then the members serving on 
     such panel shall be deemed to be in compliance with the 
     provisions of such paragraph and subparagraph and shall not 
     be required to be reappointed pursuant to such paragraph and 
     subparagraph.
       ``(C) Representation.--To the extent feasible, the 
     membership of the Goals Panel shall be geographically 
     representative and reflect the racial, ethnic, and gender 
     diversity of the United States.
       ``(4) Terms.--The terms of service of members shall be as 
     follows:
       ``(A) Presidential appointees.--Members appointed under 
     paragraph (2)(A) shall serve at the pleasure of the 
     President.
       ``(B) Governors.--Members appointed under paragraph (2)(B) 
     shall serve for 2-year terms, except that the initial 
     appointments under such paragraph shall be made to ensure 
     staggered terms with \1/2\ of such members' terms concluding 
     every 2 years.
       ``(C) Congressional appointees and state legislators.--
     Members appointed under subparagraphs (C) and (D) of 
     paragraph (2) shall serve for 2-year terms.
       ``(5) Date of appointment.--The initial members shall be 
     appointed not later than 60 days after the date of enactment 
     of the Elementary and Secondary Education Amendments of 1999.
       ``(6) Initiation.--The Goals Panel may begin to carry out 
     the Goals Panel's duties under this section when 10 members 
     of the Goals Panel have been appointed.
       ``(7) Vacancies.--A vacancy on the Goals Panel shall not 
     affect the powers of the Goals Panel, but shall be filled in 
     the same manner as the original appointment.
       ``(8) Travel.--Each member may be allowed travel expenses, 
     including per diem in lieu of subsistence, as authorized by 
     section 5703 of title 5, United States Code, for each day the 
     member is engaged in the performance of duties for the Goals 
     Panel away from the home or regular place of business of the 
     member.
       ``(9) Chairperson.--
       ``(A) In general.--The members shall select a Chairperson 
     from among the members.
       ``(B) Term and political affiliation.--The Chairperson of 
     the Goals Panel shall serve a 1- year term and shall 
     alternate between political parties.
       ``(10) Conflict of interest.--A member of the Goals Panel 
     who is an elected official of a State which has developed 
     content or student performance standards may not participate 
     in Goals Panel consideration of such standards.
       ``(11) Ex officio member.--If the President has not 
     appointed the Secretary as 1 of the 2 members the President 
     appoints pursuant to paragraph (2)(A), then the Secretary 
     shall serve as a nonvoting ex officio member of the Goals 
     Panel.
       ``(c) Duties.--
       ``(1) In general.--The Goals Panel shall--
       ``(A) report to the President, the Secretary, and Congress 
     regarding the progress the Nation and the States are making 
     toward achieving America's Education Goals, including issuing 
     an annual report;
       ``(B) report on, and widely disseminate through multiple 
     strategies, promising or effective actions being taken at the 
     Federal, State, and local levels, and in the public and 
     private sectors, to achieve America's Education Goals;
       ``(C) report on, and widely disseminate on promising or 
     effective practices pertaining to, the achievement of each of 
     the 8 America's Education Goals; and
       ``(D) help build a bipartisan consensus for the reforms 
     necessary to achieve America's Education Goals.
       ``(2) Report.--
       ``(A) In general.--The Goals Panel shall annually prepare 
     and submit to the President, the Secretary, the appropriate 
     committees of Congress, and the Governor of each State a 
     report that shall--
       ``(i) assess the progress of the United States toward 
     achieving America's Education Goals; and
       ``(ii) identify actions that should be taken by Federal, 
     State, and local governments--

       ``(I) to enhance progress toward achieving America's 
     Education Goals; and
       ``(II) to provide all students with a fair opportunity-to-
     learn.

       ``(B) Form; data.--Reports shall be presented in a form, 
     and include data, that is understandable to parents and the 
     general public.
       ``(d) Powers of the Goals Panel.--
       ``(1) Hearings.--
       ``(A) In general.--The Goals Panel shall, for the purpose 
     of carrying out this section, conduct such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence, as the Goals Panel considers 
     appropriate.
       ``(B) Representation.--In carrying out this section, the 
     Goals Panel shall conduct hearings to receive reports, views, 
     and analyses of a broad spectrum of experts and the public on 
     the establishment of voluntary national content standards, 
     voluntary national student performance standards, and State 
     assessments.
       ``(2) Information.--The Goals Panel may secure directly 
     from any department or agency of the United States 
     information necessary to enable the Goals Panel to carry out 
     this section. Upon request of the Chairperson of the Goals 
     Panel, the head of a department or agency shall furnish such 
     information to the Goals Panel to the extent permitted by 
     law.
       ``(3) Postal services.--The Goals Panel may use the United 
     States mail in the same manner and under the same conditions 
     as other departments and agencies of the United States.
       ``(4) Use of facilities.--The Goals Panel may, with or 
     without reimbursement, and with the consent of any agency or 
     instrumentality of the United States, or of any State or 
     political subdivision thereof, use the research, equipment, 
     services, and facilities of such agency, instrumentality, 
     State, or subdivision, respectively.
       ``(5) Administrative arrangements and support.--
       ``(A) In general.--The Secretary shall provide to the Goals 
     Panel, on a reimbursable basis, such administrative support 
     services as the Goals Panel may request.
       ``(B) Contracts and other arrangements.--The Secretary, to 
     the extent appropriate, and on a reimbursable basis, shall 
     enter into contracts and make other arrangements that are 
     requested by the Goals Panel to help the Goals Panel compile 
     and analyze data or carry out other functions necessary to 
     the performance of such responsibilities.
       ``(6) Gifts.--The Goals Panel may accept, administer, and 
     utilize gifts or donations of services, money, or property, 
     whether real or personal, tangible or intangible.
       ``(e) Administrative Provisions.--
       ``(1) Meetings.--The Goals Panel shall meet on a regular 
     basis, as necessary, at the call of the Chairperson of the 
     Goals Panel or a majority of the Goals Panel's members.
       ``(2) Quorum.--A majority of the members shall constitute a 
     quorum for the transaction of business.
       ``(3) Voting and final decision.--
       ``(A) Voting.--No individual may vote, or exercise any of 
     the powers of a member, by proxy.
       ``(B) Final decisions.--
       ``(i) Consensus.--In making final decisions of the Goals 
     Panel with respect to the exercise of the Goals Panel's 
     duties and powers the Goals Panel shall operate on the 
     principle of consensus among the members of the Goals Panel.
       ``(ii) Votes.--Except as otherwise provided in this 
     section, if a vote of the membership of the Goals Panel is 
     required to reach a final decision with respect to the 
     exercise of the Goals Panel's duties and powers, then such 
     final decision

[[Page 6199]]

     shall be made by a \3/4\ vote of the members of the Goals 
     Panel who are present and voting.
       ``(4) Public access.--The Goals Panel shall ensure public 
     access to the Goals Panel's proceedings (other than 
     proceedings, or portions of proceedings, relating to internal 
     personnel and management matters) and make available to the 
     public, at reasonable cost, transcripts of such proceedings.
       ``(f) Director and Staff; Experts and Consultants.--
       ``(1) Director.--The Chairperson of the Goals Panel, 
     without regard to the provisions of title 5, United States 
     Code, relating to the appointment and compensation of 
     officers or employees of the United States, shall appoint a 
     Director of the Goals Panel to be paid at a rate not to 
     exceed the rate of basic pay payable for level V of the 
     Executive Schedule.
       ``(2) Appointment and pay of employees.--
       ``(A) Appointment.--
       ``(i) In general.--The Director may appoint not more than 4 
     additional employees to serve as staff to the Goals Panel 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service.
       ``(ii) Pay.--The employees appointed under subparagraph (A) 
     may be paid without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates, but shall not 
     be paid a rate that exceeds the maximum rate of basic pay 
     payable for GS-15 of the General Schedule.
       ``(B) Additional employees.--The Director may appoint 
     additional employees to serve as staff to the Goals Panel in 
     accordance with title 5, United States Code.
       ``(3) Experts and consultants.--The Goals Panel may procure 
     temporary and intermittent services of experts and 
     consultants under section 3109(b) of title 5, United States 
     Code.
       ``(4) Staff of federal agencies.--Upon the request of the 
     Goals Panel, the head of any department or agency of the 
     United States may detail any of the personnel of such agency 
     to the Goals Panel to assist the Goals Panel in the Goals 
     Panel's duties under this section.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part 
     $2,500,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.''.
       (b) Transition Rule.--Each individual who is a member or 
     employee of the National Education Goals Panel on the date of 
     enactment of the Elementary and Secondary Education 
     Amendments of 1999 shall be a member or employee, 
     respectively, of the America's Education Goals Panel, without 
     interruption or loss of service or status.

     SEC. 10005. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

       Part E of title X (20 U.S.C. 8131 et seq.) is amended to 
     read as follows:

          ``PART E--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

     ``SEC. 10501. PROGRAM AUTHORIZED.

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

     ``SEC. 10502. REQUIREMENTS OF COMPREHENSIVE REGIONAL 
                   ASSISTANCE CENTERS.

       ``(a) In General.--Each comprehensive regional assistance 
     center established under section 10501(a) shall--
       ``(1) maintain appropriate staff expertise and provide 
     support, training, and assistance to State educational 
     agencies, tribal divisions of education, local educational 
     agencies, schools, and other grant recipients under this Act, 
     in--
       ``(A) improving the quality of instruction, curricula, 
     assessments, and other aspects of school reform, supported 
     with funds under title I;
       ``(B) implementing effective schoolwide programs under 
     section 1114;
       ``(C) meeting the needs of children served under this Act, 
     including children in high-poverty areas, migratory children, 
     immigrant children, children with limited-English 
     proficiency, neglected or delinquent children, homeless 
     children and youth, Indian children, children with 
     disabilities, and, where applicable, Alaska Native children 
     and Native Hawaiian children;
       ``(D) implementing high-quality professional development 
     activities for teachers, and where appropriate, 
     administrators, pupil services personnel and other staff;
       ``(E) improving the quality of bilingual education, 
     including programs that emphasize English and native language 
     proficiency and promote multicultural understanding;
       ``(F) creating safe and drug-free environments, especially 
     in areas experiencing high levels of drug use and violence in 
     the community and school;
       ``(G) implementing educational applications of technology;
       ``(H) coordinating services and programs to meet the needs 
     of students so that students can fully participate in the 
     educational program of the school;
       ``(I) expanding the involvement and participation of 
     parents in the education of their children;
       ``(J) reforming schools, school systems, and the governance 
     and management of schools;
       ``(K) evaluating programs; and
       ``(L) meeting the special needs of students living in urban 
     and rural areas and the special needs of local educational 
     agencies serving urban and rural areas;
       ``(2) ensure that technical assistance staff have 
     sufficient training, knowledge, and expertise in how to 
     integrate and coordinate programs under this Act with each 
     other, as well as with other Federal, State, and local 
     programs and reforms;
       ``(3) provide technical assistance using the highest 
     quality and most cost-effective strategies possible;
       ``(4) coordinate services, work cooperatively, and 
     regularly share information with, the regional educational 
     laboratories, research and development centers, State 
     literacy centers authorized under the National Literacy Act 
     of 1991, and other entities engaged in research, development, 
     dissemination, and technical assistance activities which are 
     supported by the Department as part of a Federal technical 
     assistance system, to provide a broad range of support 
     services to schools in the region while minimizing the 
     duplication of such services;
       ``(5) work collaboratively with the Department's regional 
     offices;
       ``(6) consult with representatives of State educational 
     agencies, local educational agencies, and populations served 
     under this Act;
       ``(7) provide services to States, local educational 
     agencies, tribes, and schools in order to better implement 
     the purposes of this part; and
       ``(8) provide professional development services to State 
     educational agencies and local educational agencies to 
     increase the capacity of such entities to provide high-
     quality technical assistance in support of programs under 
     this Act.
       ``(b) Priority.--Each comprehensive regional assistance 
     center assisted under this part shall give priority to 
     servicing--
       ``(1) schoolwide programs under section 1114; and
       ``(2) local educational agencies and Bureau-funded schools 
     with the highest percentages or numbers of children in 
     poverty.

     ``SEC. 10503. MAINTENANCE OF SERVICE AND APPLICATION 
                   REQUIREMENTS.

       ``(a) Maintenance of Service.--The Secretary shall ensure 
     that the comprehensive regional assistance centers funded 
     under this part provide technical assistance services that 
     address the needs of educationally disadvantaged

[[Page 6200]]

     students, including students in urban and rural areas, and 
     bilingual, migrant, immigrant, and Indian students, that are 
     at least comparable to the level of such technical assistance 
     services provided under programs administered by the 
     Secretary on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994.
       ``(b) Application Requirements.--Each entity or consortium 
     desiring assistance under this part shall submit an 
     application to the Secretary at such time, in such manner and 
     accompanied by such information, as the Secretary may 
     require. Each such application shall--
       ``(1) demonstrate how the comprehensive regional assistance 
     center will provide expertise and services in the areas 
     described in section 10502;
       ``(2) demonstrate how such centers will work to conduct 
     outreach to local educational agencies receiving priority 
     under section 10502;
       ``(3) demonstrate support from States, local educational 
     agencies and tribes in the area to be served;
       ``(4) demonstrate how such centers will ensure a fair 
     distribution of services to urban and rural areas; and
       ``(5) provide such other information as the Secretary may 
     require.

     ``SEC. 10504. TRANSITION.

       ``(a) Extension of Previous Centers.--The Secretary shall, 
     notwithstanding any other provision of law, use funds 
     appropriated under section 10505 to extend or continue 
     contracts and grants for existing comprehensive regional 
     assistance centers assisted under this Act (as such Act was 
     in effect on the day preceding the date of enactment of the 
     Educational Opportunities Act), and take other necessary 
     steps to ensure a smooth transition of services provided 
     under this part and that such services will not be 
     interrupted, curtailed, or substantially diminished.
       ``(b) Staff Expertise.--In planning for the competition for 
     the new comprehensive regional assistance centers under this 
     part, the Secretary may draw on the expertise of staff from 
     existing comprehensive regional assistance centers assisted 
     under this Act prior to the date of enactment of the 
     Educational Opportunities Act.

     ``SEC. 10505. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $70,000,000 for fiscal year 
     2001 and such sums as may be necessary for each of the four 
     succeeding fiscal years.''.

     SEC. 10006. REPEALS.

       Parts F through K of title X, and titles XI, XII, XIII, and 
     XIV (20 U.S.C. 8141 et seq., 8331 et seq., 8401 et seq., 8501 
     et seq., 8601 et seq., 8801 et seq.) are repealed.

     SEC. 10007. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Legislative Branch Appropriations Act, 1997.--Section 
     5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 
     U.S.C. 117b-2(d)(1)) is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (b) Legislative Branch Appropriations Act, 1987.--Section 
     104(3)(B)(ii) of the Legislative Branch Appropriations Act, 
     1987 (as incorporated by reference in section 101(j) of 
     Public Law 99-500 and Public Law 99-591) (2 U.S.C. 
     117e(3)(B)(ii)) is amended by striking ``14101'' and 
     inserting ``3''.
       (c) National Agricultural Research, Extension, and Teaching 
     Policy Act of 1977.--Section 1417(j)(1)(B) of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3152(j)(1)(B)) is amended--
       (1) by striking ``14101(25)'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801(25))''.
       (d) Refugee Education Assistance Act of 1980.--Section 
     101(1) of the Refugee Education Assistance Act of 1980 (8 
     U.S.C. 1522 note) is amended by striking ``14101'' and 
     inserting ``3''.
       (e) Title 10, United States Code.--Section 2194(e) of title 
     10, United States Code, is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (f) Toxic Substances Control Act.--
       (1) Asbestos.--Paragraphs (7), (9) and (12) of section 202 
     of the Toxic Substances Control Act (15 U.S.C. 2642) are 
     amended by striking ``14101'' and inserting ``3''.
       (2) Radon.--Section 302(1)(A) of the Toxic Substances 
     Control Act (15 U.S.C. 2662(1)(A)) is amended by striking 
     ``14101'' and inserting ``3''.
       (g) Higher Education Act of 1965.--Paragraphs (4), (5), 
     (6), (10), and (14) of section 103 of the Higher Education 
     Act of 1965 (20 U.S.C. 1003) are amended by striking 
     ``14101'' and inserting ``3''.
       (h) General Education Provisions Act.--Section 425(6) of 
     the General Education Provisions Act (20 U.S.C. 1226c(6)) is 
     amended by striking ``14701'' and inserting ``10201''.
       (i) Individuals with Disabilities Education Act.--Section 
     613(f) of the Individuals with Disabilities Education Act (20 
     U.S.C. 1413(f)) is amended by striking paragraph (3).
       (j) Education Amendments of 1972.--Section 908(2)(B) of the 
     Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is 
     amended by striking ``14101'' and inserting ``3''.
       (k) Carl D. Perkins Vocational and Technical Education Act 
     of 1998.--Section 3 of the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2302) is amended--
       (1) in paragraph (5)--
       (A) by striking ``10306'' and inserting ``5410''; and
       (B) by striking ``(20 U.S.C. 8066)''; and
       (2) in paragraphs (8), (16), and (21)--
       (A) by striking ``14101'' and inserting ``3''; and
       (B) by striking ``(20 U.S.C. 8801)''.
       (l) Education for Economic Security Act.--
       (1) Economic security.--Section 3(3) of the Education for 
     Economic Security Act (20 U.S.C. 3902) is amended--
       (A) in paragraph (3)--
       (i) by striking ``198(a)(7)'' and inserting ``3''; and
       (B) in paragraph (7)--
       (i) by striking ``198(a)(10)'' and inserting ``3''; and
       (C) in paragraph (12)--
       (i) by striking ``198(a)(17)'' and inserting ``3''.
       (2) Asbestos.--Section 511 of the Education for Economic 
     Security Act (20 U.S.C. 4020) is amended--
       (A) in paragraph (4)(A), by striking ``198(a)(10)'' and 
     inserting ``3''; and
       (B) in paragraph (5)(A), by striking ``198(a)(7)'' and 
     inserting ``3''.
       (m) James Madison Memorial Fellowship Act.--Section 815(4) 
     of the James Madison Memorial Fellowship Act (20 U.S.C. 
     4514(4)) is amended by striking ``14101'' and inserting 
     ``3''.
       (n) National Environmental Education Act.--Section 3(5) of 
     the National Environmental Education Act (20 U.S.C. 5502(5)) 
     is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 3381)''.
       (o) Education Flexibility Partnership Act of 1999.--Section 
     3(1) of the Education Flexibility Partnership Act of 1999 (20 
     U.S.C. 5891a(1)) is amended by striking ``14101'' and 
     inserting ``3''.
       (p) District of Columbia College Access Act of 1999.--
     Section 3(c)(5) of the District of Columbia College Access 
     Act of 1999 (Public Law 106-98; 113 Stat. 1323) is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (q) School-to-Work Opportunities Act of 1994.--
       (1) Waivers.--Section 502(b) of the School-to-Work 
     Opportunities Act of 1994 (20 U.S.C. 6212(b)) is amended--
       (A) in paragraph (4), by striking the semicolon and 
     inserting ``; and'';
       (B) by striking paragraph (5); and
       (C) by redesignating paragraph (6) as paragraph (5).
       (2) Combination of funds.--Section 504(a)(2)(B)(i) of the 
     School-to-Work Opportunities Act of 1994 (20 U.S.C. 
     6214(a)(2)(B)(i)) is amended by striking ``paragraphs (2) 
     through (6)'' and inserting ``paragraphs (2) through (5)''.
       (r) National Education Statistics Act of 1994.--Paragraphs 
     (4) and (6) of section 402(c) of the National Education 
     Statistics Act of 1994 (20 U.S.C. 9001(c)) are amended by 
     striking ``14101'' and inserting ``3''.
       (s) Adult Education and Family Literacy Act.--Section 
     203(13) of the Adult Education and Family Literacy Act (20 
     U.S.C. 9202(13)) is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (t) Internal Revenue Code of 1986.--Section 1397E(d)(4)(B) 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``14101'' and inserting ``3''.
       (u) Rehabilitation Act of 1973.--
       (1) Research.--Section 202(b)(4)(A)(i) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is 
     amended by striking ``14101'' and inserting ``3''.
       (2) Nondiscrimination.--Section 504(b)(2)(B) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is 
     amended by striking ``14101'' and inserting ``3''.
       (v) Family and Medical Leave Act of 1993.--Section 
     108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2618(a)(1)(A)) is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 2891(12))''.
       (w) Workforce Investment Act of 1998.--Paragraphs (23) and 
     (40) of section 101 of the Workforce Investment Act of 1998 
     (29 U.S.C. 2801) are amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (x) Safe Drinking Water Act.--Paragraphs (3)(A) and (6) of 
     section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j-
     21) are amended by striking ``14101'' and inserting ``3''.
       (y) Civil Rights Act of 1964.--Section 606(2)(B) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is 
     amended by striking ``14101'' and inserting ``3''.
       (z) Older Americans Act of 1965.--
       (1) Application.--Section 338A(a)(1) of the Older Americans 
     Act of 1965 (42 U.S.C. 3030g-12(a)(1)) is amended by striking 
     ``14101'' and inserting ``3''.
       (2) Definition.--Section 363(5)(B) of the Older Americans 
     Act of 1965 (42 U.S.C. 3030o(5)(B)) is amended by striking 
     ``14101'' and inserting ``3''.
       (aa) Age Discrimination Act of 1975.--Section 309(4)(B)(ii) 
     of the Age Discrimination Act of 1975 (42 U.S.C. 
     6107(4)(B)(ii)) is amended by striking ``14101'' and 
     inserting ``3''.
       (bb) Hazardous and Solid Waste Amendments of 1989.--Section 
     221(f)(3)(B)(i) of The Hazardous and Solid Waste Amendments 
     of 1984 (42 U.S.C. 6921 note) is amended by striking 
     ``198(a)(7)'' and inserting ``3''.
       (cc) Albert Einstein Distinguished Educator Fellowship Act 
     of 1994.--Paragraphs (1), (2), and (3) of section 514 of the 
     Albert Einstein Distinguished Educator Fellowship Act of 1994

[[Page 6201]]

     (42 U.S.C. 7382b) are amended by striking ``14101'' and 
     inserting ``3''.
       (dd) Earthquake Hazards.--Section 2(c)(1)(A) of the Act 
     entitled ``An Act to authorize appropriations for carrying 
     out the Earthquake Hazards Reduction Act of 1977 for fiscal 
     years 1998 and 1999, and for other purposes'', approved 
     October 1, 1997 (42 U.S.C. 7704 note) is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (ee) State Dependent Care Development Grants Act.--
     Paragraphs (6) and (11) of section 670G of the State 
     Dependent Care Development Grants Act (42 U.S.C. 9877) are 
     amended by striking ``14101'' and inserting ``3''.
       (ff) Community Services Block Grant Act.--Section 682(b)(4) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9923(b)(4)) is amended--
       (1) by striking ``14101'' and inserting ``3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (gg) National and Community Service Act of 1990.--
     Paragraphs (8), (14), (22), and (28) of section 101 of the 
     National and Community Service Act of 1990 (42 U.S.C. 12511) 
     are amended by striking ``14101'' and inserting ``3''.
       (hh) Telecommunications Act of 1996.--Section 706(c)(2) of 
     the Telecommunications Act of 1996 (47 U.S.C. 157 note) is 
     amended--
       (1) by striking ``paragraphs (14) and (25), respectively, 
     of section 14101'' and inserting ``section 3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (ii) Communications Act of 1934.--Section 254(h)(5)(A) of 
     the Communications Act of 1934 (47 U.S.C. 254(h)(5)(A)) is 
     amended--
       (1) by striking ``paragraphs (14) and (25), respectively, 
     of section 14101'' and inserting ``section 3''; and
       (2) by striking ``(20 U.S.C. 8801)''.
       (jj) Transportation Equity Act for the 21st Century.--
     Section 4024 of the Transportation Equity Act for the 21st 
     Century (49 U.S.C. 31136 note) is amended by striking 
     ``14101'' and inserting ``3''.

                   TITLE XI--AMENDMENTS TO OTHER LAWS

                            PART A--REPEALS

     SEC. 11101. GOALS 2000: EDUCATE AMERICA ACT.

       The Goals 2000: Educate America Act (20 U.S.C. 5801 et 
     seq.) is repealed.

     SEC. 11102. HIGHER EDUCATION AMENDMENTS OF 1998.

       Part B of title VIII of the Higher Education Amendments of 
     1998 (20 U.S.C. 1070a-ll note) is repealed.

     SEC. 11103. CONFORMING AMENDMENTS.

       (a) School-to-Work Opportunities Act of 1994.--
       (1) Section 3(a) of the School-to-Work Opportunities Act of 
     1994 (20 U.S.C. 6102(a)) is amended--
       (A) in paragraph (1)(B), by striking ``the Goals 2000: 
     Educate America Act and''; and
       (B) in paragraph (14), by striking ``the National Education 
     Goals set forth in title I of the Goals 2000: Educate America 
     Act'' and inserting ``America's Education Goals''.
       (2) Section 4(3) of the School-to-Work Opportunities Act of 
     1994 (20 U.S.C. 6103(3)) is amended--
       (A) by inserting ``and'' after ``section 213,''; and
       (B) by striking ``, and is consistent with the State 
     improvement plan for the State, if any, under the Goals 2000: 
     Educate America Act''.
       (3) Section 102(3) of the School-to-Work Opportunities Act 
     of 1994 (20 U.S.C. 6112(3)) is amended by striking 
     ``including, where applicable, standards established under 
     the Goals 2000: Educate America Act,''.
       (4) Section 203 of the School-to-Work Opportunities Act of 
     1994 (20 U.S.C. 6123) is amended by striking subsection (c).
       (5) Section 204 of the School-to-Work Opportunities Act of 
     1994 (20 U.S.C. 6124) is repealed.
       (6) Section 213 of the School-to-Work Opportunities Act of 
     1994 (20 U.S.C. 6143) is amended--
       (A) by striking subsection (c); and
       (B) in subsection (d)--
       (i) in paragraph (6)--

       (I) by striking subparagraph (F); and
       (II) by redesignating subparagraphs (G) through (L) as 
     subparagraphs (F) through (K), respectively; and

       (ii) in paragraph (8), by striking ``academic and skill 
     standards established pursuant to the Goals 2000: Educate 
     America Act and the National Skill Standards Act of 1994'' 
     and inserting ``standards established pursuant to the 
     National Skill Standards Act of 1994''.
       (7) Section 214(b)(3) of the School-to-Work Opportunities 
     Act of 1994 (20 U.S.C. 6144(b)(3)) is amended--
       (A) in subparagraph (B), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (C), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (D).
       (b) Education Amendments of 1978.--Section 1121 of the 
     Education Amendments of 1978 (25 U.S.C. 2001) is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``the National 
     Education Goals embodied in the Goals 2000: Educate America 
     Act'' and inserting ``America's Education Goals''; and
       (B) by striking the second sentence; and
       (2) in subsection (b), by striking ``the Goals 2000: 
     Educate America Act'' and inserting ``the Goals 2000: Educate 
     America Act (as in effect on the date of enactment of the 
     Educational Opportunities Act)''.

           PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH

     SEC. 11201. STATEMENT OF POLICY.

       Section 721(3) of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11431(3)) is amended by striking 
     ``should not be'' and inserting ``is not''.

     SEC. 11202. GRANTS FOR STATE AND LOCAL ACTIVITIES.

       Section 722 of such Act (42 U.S.C. 11432) is amended--
       (1) in subsection (c)--
       (A) in paragraph (2)(A)--
       (i) by inserting ``and'' after ``Samoa,''; and
       (ii) by striking ``, and Palau'' and all that follows 
     through ``Palau)''; and
       (B) in paragraph (3)--
       (i) by inserting ``or'' after ``Samoa,''; and
       (ii) by striking ``, or Palau'';
       (2) in subsection (e), by adding at the end the following:
       ``(3) Prohibition on segregating homeless students.--In 
     providing a free public education to a homeless child or 
     youth, no State receiving funds under this subtitle shall 
     segregate such child or youth, either in a separate school, 
     or in a separate program within a school, based on such child 
     or youth's status as homeless, except as provided in section 
     723(a)(2)(B)(ii).'';
       (3) by amending subsection (f) to read as follows:
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator of Education of Homeless Children and Youth 
     established in each State shall--
       ``(1) gather reliable, valid, and comprehensive information 
     on the nature and extent of the problems homeless children 
     and youth have in gaining access to public preschool programs 
     and to public elementary schools and secondary schools, the 
     difficulties in identifying the special needs of such 
     children and youth, any progress made by the State 
     educational agency and local educational agencies in the 
     State in addressing such problems and difficulties, and the 
     success of the program under this subtitle in allowing 
     homeless children and youth to enroll in, attend, and succeed 
     in, school;
       ``(2) develop and carry out the State plan described in 
     subsection (g);
       ``(3) collect and transmit to the Secretary, at such time 
     and in such manner as the Secretary may require, such 
     information as the Secretary deems necessary to assess the 
     educational needs of homeless children and youth within the 
     State;
       ``(4) facilitate coordination between the State educational 
     agency, the State social services agency, and other agencies 
     providing services to homeless children and youth, including 
     homeless children and youth who are preschool age, and 
     families of such children and youth; and
       ``(5) in order to improve the provision of comprehensive 
     education and related services to homeless children and youth 
     and their families, coordinate and collaborate with--
       ``(A) educators, including child development and preschool 
     program personnel;
       ``(B) providers of services to homeless and runaway 
     children and youth and homeless families (including domestic 
     violence agencies, shelter operators, transitional housing 
     facilities, runaway and homeless youth centers, and 
     transitional living programs for homeless youth);
       ``(C) local educational agency liaisons for homeless 
     children and youth; and
       ``(D) community organizations and groups representing 
     homeless children and youth and their families.''; and
       (4) in subsection (g)--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) by striking ``the report'' and inserting ``the 
     information''; and
       (II) by striking ``(f)(4)'' and inserting ``(f)(3)''; and

       (ii) by amending subparagraph (H) to read as follows:
       ``(H) contain assurances that--
       ``(i) the State educational agency and local educational 
     agencies in the State will adopt policies and practices to 
     ensure that homeless children and youth are not segregated on 
     the basis of their status as homeless or stigmatized; and
       ``(ii) local educational agencies serving school districts 
     in which homeless children and youth reside or attend school 
     will--

       ``(I) post public notice of the educational rights of such 
     children and youth where such children and youth receive 
     services under this Act (such as family shelters and soup 
     kitchens); and
       ``(II) designate an appropriate staff person, who may also 
     be a coordinator for other Federal programs, as a liaison for 
     homeless children and youth.'';

       (B) by amending paragraph (3) to read as follows:
       ``(3) Local educational agency requirements.--
       ``(A) In general.--Each local educational agency serving a 
     homeless child or youth assisted under this subtitle shall, 
     according to the child's or youth's best interest--
       ``(i) continue the child's or youth's education in the 
     school of origin--

       ``(I) for the duration of their homelessness;
       ``(II) if the child becomes permanently housed, for the 
     remainder of the academic year; or
       ``(III) in any case in which a family becomes homeless 
     between academic years, for the following academic year; or

       ``(ii) enroll the child or youth in any school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) Best interest.--In determining the best interest of 
     the child or youth under subparagraph (A), the local 
     educational agency shall--

[[Page 6202]]

       ``(i) to the extent feasible, keep a homeless child or 
     youth in the school of origin, except when doing so is 
     contrary to the wishes of the child's or youth's parent or 
     guardian; and
       ``(ii) provide a written explanation to the homeless 
     child's or youth's parent or guardian when the local 
     educational agency sends such child or youth to a school 
     other than the school of origin or a school requested by the 
     parent or guardian.
       ``(C) Enrollment.--
       ``(i) In general.--The school selected in accordance with 
     this paragraph shall immediately enroll the homeless child or 
     youth even if the child or youth is unable to produce records 
     normally required for enrollment, such as previous academic 
     records, medical records, proof of residency, or other 
     documentation.
       ``(ii) Special rule.--The enrolling school immediately 
     shall contact the school last attended by the child or youth 
     to obtain relevant academic and other records. If the child 
     or youth needs to obtain immunizations, the enrolling school 
     shall promptly refer the child or youth to the appropriate 
     authorities for such immunizations.
       ``(D) Definition of school of origin.--For purposes of this 
     paragraph, the term `school of origin' means the school that 
     the child or youth attended when permanently housed, or the 
     school in which the child or youth was last enrolled.
       ``(E) Placement choice.--The choice regarding placement 
     shall be made regardless of whether the child or youth lives 
     with the homeless parents or has been temporarily placed 
     elsewhere by the parents.'';
       (C) by amending paragraph (6) to read as follows:
       ``(6) Coordination.--
       ``(A) In general.--Each local educational agency serving 
     homeless children and youth that receives assistance under 
     this subtitle shall coordinate the provision of services 
     under this subtitle with local services agencies and other 
     agencies or programs providing services to homeless children 
     and youth and their families, including services and programs 
     funded under the Runaway and Homeless Youth Act (42 U.S.C. 
     5701 et seq.).
       ``(B) Housing assistance.--If applicable, each State and 
     local educational agency that receives assistance under this 
     subtitle shall coordinate with State and local housing 
     agencies responsible for developing the comprehensive housing 
     affordability strategy described in section 105 of the 
     Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 
     12705) to minimize educational disruption for children and 
     youth who become homeless.
       ``(C) Coordination purpose.--The coordination required 
     under subparagraphs (A) and (B) shall be designed to--
       ``(i) ensure that homeless children and youth have access 
     to available education and related support services; and
       ``(ii) raise the awareness of school personnel and service 
     providers of the effects of short-term stays in shelters and 
     other challenges associated with homeless children and 
     youth.'';
       (D) by amending paragraph (7) to read as follows:
       ``(7) Liaison.--
       ``(A) In general.--Each local liaison for homeless children 
     and youth designated pursuant to paragraph (1)(H)(ii)(II) 
     shall ensure that--
       ``(i) homeless children and youth enroll, and have a full 
     and equal opportunity to succeed, in the schools of the local 
     educational agency;
       ``(ii) homeless families, children, and youth receive 
     educational services for which such families, children, and 
     youth are eligible, including Head Start and Even Start 
     programs and preschool programs administered by the local 
     educational agency, and referrals to health care services, 
     dental services, mental health services, and other 
     appropriate services;
       ``(iii) the parents or guardians of homeless children and 
     youth are informed of the education and related opportunities 
     available to their children and are provided with meaningful 
     opportunities to participate in the education of their 
     children; and
       ``(iv) public notice of the educational rights of homeless 
     children and youth is posted where such children and youth 
     receive services under this Act (such as family shelters and 
     soup kitchens).
       ``(B) Information.--State coordinators in States receiving 
     assistance under this subtitle and local educational agencies 
     receiving assistance under this subtitle shall inform school 
     personnel, service providers, and advocates working with 
     homeless families of the duties of the liaisons for homeless 
     children and youth.
       ``(C) Local and state coordination.--Liaisons for homeless 
     children and youth shall, as a part of their duties, 
     coordinate and collaborate with State coordinators and 
     community and school personnel responsible for the provision 
     of education and related services to homeless children and 
     youth.
       ``(D) Dispute resolution.--Unless another individual is 
     designated by State law, the local liaison for homeless 
     children and youth shall provide resource information and 
     assist in resolving a dispute under this subtitle if such a 
     dispute arises.''; and
       (E) by striking paragraph (9).

     SEC. 11203. LOCAL EDUCATIONAL AGENCY GRANTS.

       Section 723 of such Act (42 U.S.C. 11433) is amended--
       (1) in subsection (a), by amending paragraph (2) to read as 
     follows:
       ``(2) Services.--
       ``(A) In general.--Services provided under paragraph (1)--
       ``(i) may be provided through programs on school grounds or 
     at other facilities;
       ``(ii) shall, to the maximum extent practicable, be 
     provided through existing programs and mechanisms that 
     integrate homeless individuals with nonhomeless individuals; 
     and
       ``(iii) shall be designed to expand or improve services 
     provided as part of a school's regular academic program, but 
     not replace that program.
       ``(B) Services on school grounds.--If services under 
     paragraph (1) are provided on school grounds, schools--
       ``(i) may use funds under this subtitle to provide the same 
     services to other children and youth who are determined by 
     the local educational agency to be at risk of failing in, or 
     dropping out of, schools, subject to clause (ii); and
       ``(ii) shall not provide services in settings within a 
     school that segregates homeless children and youth from other 
     children and youth, except as is necessary for short periods 
     of time--

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

       (2) in subsection (b)--
       (A) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) an assessment of the educational and related needs of 
     homeless children and youth in the school district (which may 
     be undertaken as a part of needs assessments for other 
     disadvantaged groups);''; and
       (C) in paragraph (4) (as so redesignated), by striking 
     ``(9)'' and inserting ``(8)''; and
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--The State educational agency, in 
     accordance with the requirements of this subtitle and from 
     amounts made available to the State educational agency under 
     section 726, shall award grants, on a competitive basis, to 
     local educational agencies that submit applications under 
     subsection (b). Such grants shall be awarded on the basis of 
     the need of such agencies for assistance under this subtitle 
     and the quality of the applications submitted.'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Quality.--In determining the quality of applications 
     under paragraph (1), the State educational agency shall 
     consider--
       ``(A) the local educational agency's needs assessment under 
     subsection (b)(1) and the likelihood that the program to be 
     assisted will meet the needs;
       ``(B) the types, intensity, and coordination of services to 
     be assisted under the program;
       ``(C) the involvement of parents or guardians;
       ``(D) the extent to which homeless children and youth will 
     be integrated within the regular education program;
       ``(E) the quality of the local educational agency's 
     evaluation plan for the program;
       ``(F) the extent to which services provided under this 
     subtitle will be coordinated with other available services;
       ``(G) the extent to which the local educational agency 
     provides case management or related services to homeless 
     children and youth who are unaccompanied by a parent or 
     guardian; and
       ``(H) such other measures as the State educational agency 
     determines indicative of a high-quality program.''.

     SEC. 11204. SECRETARIAL RESPONSIBILITIES.

       Section 724 (42 U.S.C. 11434) is amended--
       (1) in subsection (a), by striking ``the State 
     educational'' and inserting ``State educational'';
       (2) by striking subsection (f);
       (3) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Guidelines.--The Secretary shall develop, issue, and 
     publish in the Federal Register, not later than 60 days after 
     the date of enactment of the Educational Opportunities Act, 
     school enrollment guidelines for States with respect to 
     homeless children and youth. The guidelines shall describe--
       ``(1) successful ways in which a State may assist local 
     educational agencies to enroll immediately homeless children 
     and youth in school; and
       ``(2) how a State can review the State's requirements 
     regarding immunization and medical or school records and make 
     revisions to the requirements as are appropriate and 
     necessary in order to enroll homeless children and youth in 
     school more quickly.''; and
       (5) by adding at the end the following:
       ``(g) Information.--
       ``(1) In general.--From funds appropriated under section 
     726, the Secretary, directly or through grants, contracts, or 
     cooperative agreements, shall periodically collect and 
     disseminate data and information regarding--
       ``(A) the number and location of homeless children and 
     youth;
       ``(B) the education and related services homeless children 
     and youth receive;
       ``(C) the extent to which the needs of homeless children 
     and youth are met; and
       ``(D) such other data and information as the Secretary 
     determines necessary and relevant to carry out this subtitle.

[[Page 6203]]

       ``(2) Coordination.--The Secretary shall coordinate such 
     collection and dissemination with other agencies and entities 
     that receive assistance and administer programs under this 
     subtitle.
       ``(h) Report.--Not later than 4 years after the date of 
     enactment of the Educational Opportunities Act, the Secretary 
     shall prepare and submit to the President and the appropriate 
     committees of the House of Representatives and the Senate a 
     report on the status of the education of homeless children 
     and youth, which shall include information regarding--
       ``(1) the education of homeless children and youth; and
       ``(2) the actions of the Department of Education and the 
     effectiveness of the programs supported under this 
     subtitle.''.

     SEC. 11205. DEFINITIONS.

       Section 725 of such Act (42 U.S.C. 11434a) is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) the terms `local educational agency' and `State 
     educational agency' have the meanings given the terms in 
     section 2 of the Elementary and Secondary Education Act of 
     1965;''.

     SEC. 11206. AUTHORIZATION OF APPROPRIATIONS.

       Section 726 (42 U.S.C. 11435) is amended to read as 
     follows:

     ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subtitle, there are 
     authorized to be appropriated $40,000,000 for fiscal year 
     2001 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.''.

     SEC. 11207. CONFORMING AMENDMENTS.

       (a) Grants for State and Local Activities.--Section 722 of 
     the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
     11432) is amended--
       (1) in subsection (c)(1), by striking ``section 724(c)'' 
     and inserting ``section 724(d)''; and
       (2) in subsection (g)(2), by striking ``paragraphs (3) 
     through (9)'' and inserting ``paragraphs (3) through (8)''.
       (b) Local Educational Agency Grants.--Section 723(b)(3) of 
     such Act (42 U.S.C. 11433(b)(3)) is amended by striking 
     ``paragraphs (3) through (9) of section 722(g)'' and 
     inserting ``paragraphs (3) through (8) of section 722(g)''.
       (c) Secretarial Responsibilities.--Section 724(f) of such 
     Act (as amended by section 11204(3)) is amended by striking 
     ``subsection (d)'' and inserting ``subsection (e)''.

            PART C--ALBERT EINSTEIN DISTINGUISHED EDUCATORS

     SEC. 11301. ALBERT EINSTEIN DISTINGUISHED EDUCATOR ACT OF 
                   1994.

       Part A of title V of the Improving America's Schools Act of 
     1994 (42 U.S.C. 7382 et seq.) is amended to read as follows:

    ``PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

     ``SEC. 511. SHORT TITLE.

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

     ``SEC. 512. PURPOSE; DESIGNATION.

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

     ``SEC. 513. DEFINITIONS.

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

     ``SEC. 514. FELLOWSHIP PROGRAM.

       ``(a) In General.--
       ``(1) Establishment.--The Secretary shall establish the 
     Albert Einstein Distinguished Educator Fellowship Program 
     (hereafter in this part referred to as the `Program') to 
     provide 12 elementary or secondary school mathematics or 
     science teachers with fellowships in each fiscal year in 
     accordance with this part.
       ``(2) Order of priority.--The Secretary may reduce the 
     number of fellowships awarded under this part for any fiscal 
     year in which the amount appropriated for the Program is 
     insufficient to support 12 fellowships. If the number of 
     fellowships awarded under this part is reduced for any fiscal 
     year, then the Secretary shall award fellowships based on the 
     following order of priority:
       ``(A) Two fellowships in the Department of Energy.
       ``(B) Two fellowships in the Senate.
       ``(C) Two fellowships in the House of Representatives.
       ``(D) One fellowship in each of the following entities:
       ``(i) The Department of Education.
       ``(ii) The National Institutes of Health.
       ``(iii) The National Science Foundation.
       ``(iv) The National Aeronautics and Space Administration.
       ``(v) The Office of Science and Technology Policy.
       ``(3) Terms of fellowships.--Each fellowship awarded under 
     this part shall be awarded for a period of 10 months that, to 
     the extent practicable, coincide with the academic year.
       ``(4) Eligibility.--To be eligible for a fellowship under 
     this part, an elementary or secondary school mathematics or 
     science teacher shall demonstrate--
       ``(A) that such teacher will bring unique and valuable 
     contributions to the Program;
       ``(B) that such teacher is recognized for excellence in 
     mathematics or science education; and
       ``(C)(i) a sabbatical leave from teaching will be granted 
     in order to participate in the Program; or
       ``(ii) the teacher will return to a teaching position 
     comparable to the position held prior to participating in the 
     Program.
       ``(b) Administration.--The Secretary shall--
       ``(1) provide for the development and administration of an 
     application and selection process for fellowships under the 
     Program, including a process whereby final selections of 
     fellowship recipients are made in accordance with subsection 
     (c);
       ``(2) provide for the publication of information on the 
     Program in appropriate professional publications, including 
     an invitation for applications from teachers listed in the 
     directories of national and State recognition programs;
       ``(3) select from the pool of applicants 12 elementary and 
     secondary school mathematics teachers and 12 elementary and 
     secondary school science teachers;
       ``(4) develop a program of orientation for fellowship 
     recipients under this part; and
       ``(5) not later than August 31 of each year in which 
     fellowships are awarded, prepare and submit an annual report 
     and evaluation of the Program to the appropriate Committees 
     of the Senate and the House of Representatives.
       ``(c) Selection.--
       ``(1) In general.--The Secretary shall arrange for the 24 
     semifinalists to travel to Washington, D.C., to participate 
     in interviews in accordance with the selection process 
     described in paragraph (2).
       ``(2) Final selection.--(A) Not later than May 1 of each 
     year preceding each year in which fellowships are to be 
     awarded, the Secretary shall select and announce the names of 
     the fellowship recipients.
       ``(B) The Secretary shall provide for the development and 
     administration of a process to select fellowship recipients 
     from the pool of semifinalists as follows:
       ``(i) The Secretary shall select three fellowship 
     recipients who shall be assigned to the Department of Energy.
       ``(ii) The Majority Leader of the Senate and the Minority 
     Leader of the Senate, or their designees, shall each select a 
     fellowship recipient who shall be assigned to the Senate.
       ``(iii) The Speaker of the House of Representatives and the 
     Minority Leader of the House of Representatives, or their 
     designees, shall each select a fellowship recipient who shall 
     be assigned to the House of Representatives.
       ``(iv) Each of the following individuals, or their 
     designees, shall select one fellowship recipient who shall be 
     assigned within the department, office, agency, or institute 
     such individual administers:
       ``(I) The Secretary of Education.
       ``(II) The Director of the National Institutes of Health.
       ``(III) The Director of the National Science Foundation.
       ``(IV) The Administrator of the National Aeronautics and 
     Space Administration.
       ``(V) The Director of the Office of Science and Technology 
     Policy.

     ``SEC. 515. FELLOWSHIP AWARDS.

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

     ``SEC. 516. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for the Program 
     $700,000 for fiscal year 2001, and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.''.

  The PRESIDING OFFICER. The distinguished majority leader.
  Mr. LOTT. Mr. President, I have asked the chairman and the ranking 
member to allow me to go forward briefly as we get started on this very 
important legislation. They have been gracious enough to allow me to do 
so.
  I first emphasize a point I think everybody understands: Elementary 
and secondary education is very important in America. People all over 
this country, in every State nationwide, believe education is the area 
where we must concentrate; we have to show better results; we have to 
have accountability; we have to have some results that show our 
children are actually learning.
  First, I will emphasize my personal background in this area. My 
mother was a schoolteacher for 19 years. As many schoolteachers, 
unfortunately, she reached a point where she needed to have more 
income. She wound up

[[Page 6204]]

going into bookkeeping and radio broadcasting. I remember quite well 
her many years as a teacher in elementary schools in my own State.
  I had the opportunity, in three different positions, to work for the 
University of Mississippi. I worked with placement and financial aid 
programs; I worked as a recruiter; I worked with a work-study program; 
and I worked with the alumni association. I know the importance of 
these programs.
  I have always been supportive of financial aid programs from the 
Federal level so our children will have access to good work-study 
programs, to grants, to loans, so every American child has an 
opportunity to further their education, whether it is at a training 
school, community college, or a university. We have done good work in 
that area. I think we can truly tell students when they finish high 
school there will be an opportunity to get additional training or 
education.
  In one area we are still falling behind. That is in the elementary 
and secondary levels, K through 12. The statistics show that in world 
competition we do quite well in higher education, but in K through 12 
we are way behind international standards in reading, and particularly 
in math and science. We must do more in that area. I feel strongly 
about that.
  I went to public schools all my life. My wife went to public schools. 
Both of our children went to public schools, from the first grade all 
the way through college. I want to make sure we have good, quality 
education in America. We have to do something about the reports such as 
the ones I have been reviewing this morning.
  According to the National Assessment of Educational Programs, 77 
percent of children in high-poverty urban schools are reading below 
basic levels. Test scores of 12th graders in math, reading, and writing 
have remained stagnant or declined over the last 30 years, and our 12th 
graders scored near dead last in international comparisons.
  At the same time, we have spent billions of dollars--I think this 
statistic is $120 billion or more--over those past 30 years of Federal 
funds, not to mention what has been spent at the local and State level. 
Yet the scores are stagnant or have declined in critical areas 
including math, reading, and writing. Fourth-grade students in high-
poverty schools remain two grade levels behind peers in low-poverty 
schools in math. In reading, they are three or four grade levels 
behind.
  Contrary to original projections, the ESEA was designed to address 
the achievement gap that actually is widening. There are other 
unacceptable statistics if we are going to have our children in a 
position to have learned enough to be able to compete in the world 
economy or whether they can even be trained to be able to get a good-
paying job.
  A couple of years ago, I had a request from the leaders of the 
Silicon Valley high-tech companies to meet with me. They didn't specify 
what the subject matter was going to be. Of course, I thought we would 
talk computers, talk Internet, what do we do about taxes on the 
Internet, what to do about their inability to get more workers to fill 
the jobs they had available--basically, just a computer or high-tech 
discussion.
  Twelve of them sat around the table in my conference room. They 
didn't want to talk about any other subject but education. They said: 
We cannot get high school graduates who have the basics so we can train 
them in this critical high-tech industry.
  That applies, of course, to Silicon Valley in California and to the 
high-tech jobs we have in Northern Virginia as well as all over the 
country.
  In my home area of Jackson, MS, we have such companies as SkyTel, 
Bell South, MCI WorldCom. These companies have created a lot of jobs 
and great opportunities for our young people. If they don't have the 
basics to be trained to fill the jobs, the jobs will go unfilled or we 
will have to go with an H-1B program to bring in people from other 
countries to fill these jobs until we can improve our system of 
education.
  This is very important legislation. I hope we can debate it seriously 
and have amendments in the education area. Let's talk education. We may 
have differences, and we will have differences, about how to improve 
the system, but let's have that debate, let's have votes, and let's not 
get distracted by other irrelevant, extraneous matter. I believe 
Americans want that. Whether it is in my State or nationwide, polls 
show that American people rate their concern about the quality of 
education No. 1.
  This is a $15 billion reauthorization bill. Good work has been done 
by the committee. I commend Chairman Jeffords, who is on the floor, 
ready to proceed, and the ranking member, Senator Kennedy. They had 
many amendments, many of which were voted down, and some of them were 
adopted. Now we have the bill ready for action. Many Members have done 
excellent work, and we will hear from a number of them later on.
  I have always said that education is about learning. We need to 
remember that. Some people think it is about teaching, others think it 
is about freedom of expression, but in the end the question must be, 
Does the child learn? Is he or she getting what they need to do better 
on tests and be able to get and hold a job?
  In order to learn, there are basic necessities in a schoolroom. 
First, you have to have discipline. That has become a problem in 
schools all across America. If kids are squirming around or if there is 
disruption in class, if they are talking, if they are not behaving, if 
there is not a system of discipline, there is a problem with the 
children being able to learn.
  It does require good teachers. There are a lot of great teachers, a 
lot of teachers who should be rewarded for their good work. There are 
some teachers who have deficiencies, but we should not condemn them or 
complain about them. We should find a way to give them the opportunity 
to get the training they need to do a better job.
  In my own State, the private sector has given computers to a lot of 
our schools and libraries. Many of the computers are sitting in the 
back of classrooms or in halls in the crates they came in because the 
teachers have not had a training program to teach the students how to 
use the computers. So we need to do something about that and we are 
beginning to get programs developed that specifically train the 
teachers in what they need to know in order to make use of these 
computers. That is the kind of program on which we need to focus 
locally and in the private sector.
  We have one individual and his wife, natives of my State, who gave 
$100 million of their own personal money to, improve reading at the 
fourth grade level--not as a part of a Federal program, not as a part 
of a State program. In fact, they specifically said they didn't want to 
be tied to some sort of match. They wanted this money, every nickel of 
it, to be used for innovative efforts to train children in the fourth 
grade to be able to read.
  Certainly that is commendable. We need more of that sort of thing.
  We need to make sure our schools are safe. It is hard for me to 
believe the dangers that now go along with going to school. The 
juvenile justice bill had provisions that would allow assistance in 
dealing with alcohol abuse among our children, and drug programs. It 
would have authorized the use of funds to put metal detectors at 
schools where that might be needed.
  We have to make sure our schools are safe and drug free. It is still 
horrifying to me to think that is a problem in many schools, not just 
at the high school level or the middle school level but even in 
elementary school. What have we come to in our society that our 
children in the sixth grade, fifth grade, fourth grade, are tempted or 
involved in using drugs? We have to make sure we have programs that are 
aimed at stopping that.
  My colleague from Mississippi, Senator Cochran, has been active in 
the area of trying to promote and provide assistance for drug-free 
schools.
  We must have accountability. It is not good enough any longer to put 
more money into programs and hope for the best. We have to see the 
results. There has to be a connection between

[[Page 6205]]

the money, the teaching, what is happening in the school, and how the 
children are doing. It is just not acceptable any longer that our 
children are not getting what they need in our educational system in 
America. So it has to be results oriented. There has to be some way to 
determine if the children are getting what they need in the third or 
fourth grade or in the tenth grade. There must be a system of 
identifying what is being achieved in our educational process.
  There are several provisions in this particular bill on which I think 
we should focus and we should make sure are included in the final 
version. We should encourage our States to take full advantage of 
these. One is the so-called Teacher Empowerment Act. This gives 
flexibility to the States and to the local schools to use over $2 
billion annually to develop high-quality professional programs to 
reduce class size or to fund innovative teacher programs such as 
teacher testing, merit-based teacher performance systems, or 
alternative routes to certification.
  In different States you have different needs. In different areas 
within States you have different needs. In my own State, along the gulf 
coast, what is needed perhaps is a greater reward for excellent 
teachers, or more programs for the gifted and talented. In another part 
of the State better reading programs might be needed. In another part 
there might be a need to repair the roofs. That kind of flexibility is 
needed, though, where the administrators, the teachers, the parents, 
and the children can make those decisions without some nameless, 
faceless bureaucrat in Washington, or Senators, saying it must be used 
the way they say it should be used. Give them some modicum of 
flexibility. That is what this teacher empowerment provision of the 
bill would do.
  We have started moving in that area. A year ago, on a bipartisan 
basis, we passed the first Flexibility in Education Act. Now it has 
been expanded. I think it is showing good results. I think this bill 
would expand it to 15 States, and I would like that to very soon be 
applicable to every State. But under the Teacher Empowerment Act, 
States and school districts can choose to spend their money to increase 
the number of high-quality teachers. That seems to be such a good way 
to go. It is one of the provisions in this bill that I like the most.
  Also, we have what is known as the Straight A's provision. This has 
been developed by a number of Senators, but Senator Slade Gorton has 
worked in particular on it. Under this Straight A's provision, States 
or interested school districts have to establish a 5-year performance 
agreement with the Secretary of Education. This gets to the results-
oriented and child-centered point I was making earlier. There has to be 
some way to say we are going to give flexibility, we are going to give 
additional money to use in different ways, but there have to be 
results. You have to show it has an impact on the children. So I think 
that is a very good part of this bill.
  The child-centered funding allows interested States and schools to 
use their title I dollars to establish per-pupil amounts for 
supplemental services for each eligible child. After all, that gets 
back to what I said at the beginning-- education is about learning. If 
that is your goal, it has to be aimed at finding ways to help the 
child. Maybe the traditional way we have used title I funds is not the 
best way for it to be used nationwide. As I said earlier, test scores 
would indicate that. In spite of all this money, the scores are 
stagnant or declining in critical areas. So that is a very important 
provision.
  Then, public school choice. Well over 5,000 title I schools have been 
identified as failing schools for over 2 years; over 1,000 for over 4 
years, and over 100 for 10 years. What if a school is just not doing 
the job--it is getting the local money, getting the State money, and 
getting the Federal money, but it continues to fail. The child must 
have some choice. That is what public school choice is all about. Why 
should a child have to attend a school that doesn't meet his or her 
needs and there is a better public school right down the street in the 
same town? Why shouldn't parents and children be able to make that 
choice?
  I think the money should go with the child; that is who we are really 
trying to help. It should not be aimed at the school. If a family, for 
good reason, decides they want to choose a school that produces results 
rather than a failing school in the public school system, clearly they 
should have that choice.
  So these are just a few of the critical provisions in this 
legislation that I know will be discussed. There will be amendments 
offered. Hopefully, we will improve this bill. I understand--in fact I 
know--there is a bipartisan effort to try to come up with a bill that 
will have Republican and Democrat support. I will be very interested in 
developing a bipartisan bill. That is how we got the education 
flexibility legislation done last year. That is how we got the 
education savings account bill done this year. This is part of our 
continuing effort to focus on ways to improve education. We have to do 
it.
  In my State that has a lot of very poor schools, we have to do more. 
We have to do more locally, and our State legislature and our Governor 
just signed major education legislation making a 5-year commitment to 
education and to raising the salaries of our teachers to the 
Southeastern regional average. That is a major commitment of funds and 
a major commitment to education that has been expressed by my own 
State. I know that story is being replicated in States all across the 
Nation, whether it is Minnesota or Arizona, Massachusetts or Vermont, 
Alabama or Maine. That is as it should be. But we cannot do it with the 
status quo.
  That is what many Democrats are saying: Look, we have this program. 
This is the way it has been done. We have been putting billions of 
dollars into it, but what we need is more billions of dollars to do the 
same thing.
  I do not accept that. Education is about innovation. Technology is 
changing the face of the world, the face of business in America, and it 
will change the face of education if we will allow it to do so. So the 
status quo? Let's just go forward. The way it always has been in 
education is not the way to go. We should make genuine changes. We 
should give flexibility and innovation a chance in education. I believe 
in education we can improve our quality, and it will show results soon. 
We need it. We need it so more students will be able to get good-paying 
jobs, will be able to go into the high-tech area, or manufacturing, or 
the professional schools. This bill is going to be the third major step 
in that direction: education flexibility last year, education savings 
accounts earlier this year, and now basic, child-centered programs in 
the Elementary and Secondary Education Act.
  I hope we will have a good debate. I hope we will stay focused on 
education. I look forward to hearing the opening remarks of the 
chairman of the committee and the ranking member.
  Mr. President, I thank them for allowing me to go forward at this 
time. I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I thank my leader for his very eloquent 
statement on the status of education and the importance of this 
legislation. I am hopeful we will all work together in a bipartisan 
manner to come out with legislation on which we can all agree.
  Today, the Senate begins debate of S. 2, the Educational 
Opportunities Act. This legislation deals with every aspect of federal 
assistance to our nation's elementary and secondary schools.
  There is perhaps no subject more on the minds of the American public 
than education. As a nation, we have long recognized that the quality 
of our future depends upon the quality of the education provided to our 
children. From our very earliest days, schoolhouses were among the 
first buildings to spring up in budding communities.
  Federal involvement in elementary and secondary education can be 
traced back to the enactment of the Northwest Ordinance of 1787, one of 
the first

[[Page 6206]]

laws passed by the Continental Congress. The Northwest Ordinance 
required each township within the territory to reserve one square mile 
for the establishment of public schools. Under the Northwest Ordinance 
law, 77 million acres of land were set aside for public education.
  Since 1965, the Elementary and Secondary Education Act, ESEA, has 
provided the foundation for Federal efforts to help children succeed in 
school. Currently, we provide about $14.3 billion annually for ESEA 
programs. This is a substantial investment which deserves the careful 
attention of all Members.
  Over half, $7.9 billion, of these funds is used on behalf of 
disadvantaged children under the title I program. Congress created the 
Elementary and Secondary Education Act in order to serve these 
children, and they remain the primary focus of our efforts. Other 
activities supported through ESEA include professional development, 
literacy, safe and drug-free schools, bilingual education, impact aid, 
aid to special populations, and technology.
  In preparation for this legislation, the Committee on Health, 
Education, Labor, and Pensions held 25 hearings on ESEA programs to 
examine each aspect of the Act with a view toward keeping what works, 
revising what does not, and adding what is necessary to meet emerging 
needs.
  In addition, I have devoted a great deal of time talking with 
students, parents, teachers, principals, superintendents, school board 
members, state-level school officials, and Governors. I have traveled 
all over the country doing this. In particular, I have listened to 
those in my home state of Vermont who work every day to make elementary 
and secondary school the best it can be.
  What I have heard from Vermonters and others around the country is 
that schools need to be held accountable for the performance of all 
their students, that education programs must show positive results, and 
that quality teachers and school leaders are essential to the success 
of any school. I have also been reminded that the 7-cents on the dollar 
provided by the Federal government is not going to do the job 
singlehandedly. To achieve these objectives, states and localities must 
have sufficient flexibility to tailor solutions to meet their 
individual circumstances.
  The advice I received is reflected in the programs and themes 
included in the Educational Opportunities Act. The primary objectives 
of this bill are:
  One, to maintain and strengthen the title I reform process initiated 
in 1994 which emphasizes the establishment of high standards and 
assessments designed to measure progress towards those standards;
  Two, to promote the sustained professional development of teachers 
and school leaders;
  Three, to help assure that students are provided a safe and drug-free 
learning environment;
  Four, to place an emphasis on getting results by insisting that 
activities and programs supported with federal funds are based on 
theory, research, and evaluation showing them to be effective in 
meeting their objectives; and
  Five, to increase State and local flexibility in the use of Federal 
funds in exchange for greater accountability for improving student 
performance.
  We would all agree that our schools must be held accountable for 
ensuring the academic success of all students. Like many others, I am 
disappointed that our students are not performing at the levels they 
should be and that Federal efforts to serve disadvantaged students have 
not shown better results.
  Congress has long recognized the need to raise standards. The alarm 
was raised in the Nation at Risk report issued in 1983. The admonition 
was given in these terse words: If a foreign government had imposed on 
us our educational system we would have declared it an act of war. In 
1989, then-President Bush called together the Nation's Governors to an 
education summit from which national education goals for the year 2000 
were set.
  In 1994, Congress substantially revised the title I program by 
focusing on standards, assessment, and professional development. The 
1994 legislation set out a 7-year timetable for States to develop 
student content and performance standards and assessments aligned to 
those standards. The idea was to determine what students should know 
and be able to do and then to hold schools accountable for results by 
testing students against these standards.
  In addition, States and local school districts are to identify 
failing schools, known as schools in need of improvement, to offer 
extra assistance to those schools, and to take corrective action if the 
schools fail to improve over a 2-year period. Corrective action may 
include implementing a new curriculum, restructuring the school, 
implementing a joint plan that addresses specific student performance 
problems, reconstituting school staff, or decreasing decisionmaking 
authority at the school level. If permitted under State or local law, 
corrective action at the school district level may also include 
reducing or withholding funds from a school or abolishing the school. 
At the State level, again subject to State and local law, corrective 
action may include reducing or withholding funds from a school 
district, abolishing the district, removing particular schools from its 
jurisdiction, or appointing a receiver or trustee.
  We are now midstream in this reform process. To date, 48 States have 
approved content standards, 25 States have approved performance 
standards, and no States have approved assessments. Assessments are not 
required under the law until the 2001-2002 school year.
  The proposal approved by the committee ``stays the course'' with 
respect to these fundamental reforms, while building upon them in ways 
which will not sidetrack the activities well underway at the State and 
local levels. The revisions made to title I are designed to demonstrate 
that we are serious about holding children to high standards and 
pressuring for reform of failing schools--without creating mandates 
that force States and localities to start all over under a new set of 
rules and reporting requirements. Recognizing the expense of these 
endeavors, the measure also offers additional assistance for school 
improvement and assessment activities so that schools will be able to 
keep in stride with the 7-year reform schedule.
  Other revisions in title I emphasize the importance of parental 
involvement, including the creation of a separate part in the Title 
which is exclusively devoted to this issue. Title I also contains a new 
part which highlights the Comprehensive School Reform program. This 
program provides support for schools to put in place schoolwide reform 
programs which are backed up by research showing them to be effective.
  Not just in title I, but throughout the bill, there is an emphasis on 
getting results. Activities and programs supported with Federal funds 
are to be based on theory, research, and evaluation showing them to be 
effective in meeting their objectives, particularly as they relate to 
improving student achievement and performance.
  The bill also supports efforts to enhance teacher quality, which is 
one of the most critical tasks facing us. Nothing will change in the 
classroom until the teachers change. And the teachers can't be expected 
to change until they have help in knowing what is expected of them.
  We made a strong start in this regard during the last Congress by 
completely revamping federal support for teacher preparation activities 
as part of our work on the Higher Education Act. We now have the 
opportunity to focus on the professional development of teachers 
already in the classroom.
  This legislation is designed to step away from one-time, short-term 
activities and, instead, promote the sustained professional development 
shown to be effective in improving teacher skills and content 
knowledge.
  Recognizing that the need for professional development is not limited 
to teachers, the bill includes a new professional development 
initiative directed toward principals and superintendents. As we all 
know, a good school always has a first-rate principal, and a first-rate 
school district always has an outstanding and innovative 
superintendent.

[[Page 6207]]

  Funding for professional development activities is increased by 
including funds currently allocated for the class-size reduction 
program. Schools will still have the ability to hire teachers with 
Federal funds. If that is where their need lies, I am sure they will do 
just that. What I have heard in Vermont, however, is that the biggest 
need is not for more teachers--but rather for better ones. That is a 
choice that I believe Vermont and the other States across the country 
are in a better position to make than we are here in Congress. This 
bill leaves that choice squarely in their hands.
  The goal of assuring a safe and drug-free learning environment is 
promoted in this legislation through a strengthening of the provisions 
of title IV, Safe and Drug-Free Schools and Communities. These 
improvements are the result of the bipartisan efforts of several 
Members, spearheaded by Senators DeWine, Dodd, and Murray. 
Modifications are made to increase accountability, to ensure that 
researched-based programs are funded, to provide States with greater 
flexibility in targeting violence and drug use, and to increase 
community participation in prevention programs.
  Finally, this legislation takes a number of significant steps to 
increase flexibility in exchange for greater accountability. It does so 
in the recognition that national programs which offer assistance for 
specific activities are limited in their ability to capture the 
diversity of individual needs in States and localities throughout the 
country.
  The bill substantially increases funding for the Innovative Education 
Program Strategies provisions of title VI. This program is the most 
flexible of all current Federal education programs, permitting local 
schools to undertake the activities most likely to improve their 
schools and enhance the performance of their students. These funds are 
put to work where the need is greatest--be it technology or library 
books or teacher training.
  The bill consolidates into title VI the waiver and related 
authorities now located in various titles of current law, making it 
easier for States and localities to find and review their options for 
making Federal dollars work more effectively for them.
  Title VI also includes several new options for flexible use of 
Federal funds. For example, a new rural flexibility initiative offers 
small rural districts the chance to combine the small amounts they 
might receive under specific categorical grant programs to amass a 
chunk of funds large enough to really address a priority need.
  The Elementary and Secondary Education Act authorizes formula and 
competitive grants that allow many of our local school districts to 
improve the education of their students. These federal grants support 
efforts to promote goals such as the professional development of 
teachers, the incorporation of technology into the classroom, gifted 
and talented programs, and making sure our schools provide safe 
learning environments for our children. Schools receive several 
categorical grants supporting these programs, each with its own 
authorized activities.
  As valuable as these programs are for thousands of predominantly 
urban and suburban school districts, they simply do not work well in 
rural areas. This is because the grants are based on school district 
enrollment. These individual grants confront smaller schools with a 
dilemma; namely, they simply may not receive enough funding from any 
single grant to carry out meaningful activities. The rural flexibility 
initiative allows a district to combine the funds from four categorical 
programs and use the funds to support projects that bring about 
improved academic achievement.
  If we are to ensure that our children have the skills and knowledge 
they need to succeed in an increasingly competitive world, we must all 
work together to lay a sound foundation at the elementary and secondary 
school level. The Federal Government is just one among the many 
partners with a responsibility to assure that we succeed. Although the 
total Federal investment pales by comparison to the support offered by 
State and local taxpayers, the $14 billion to $15 billion we do provide 
represents a substantial sum by anyone's accounting.
  Today, we have an opportunity to play a constructive role in helping 
to bring about the improvements we all want to see in elementary and 
secondary education. I realize there are many ideas regarding how we 
might achieve this goal. My hope is that, in debating our differences, 
we will not lose sight of our mutual goal of supporting a system of 
education which is second to none.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, first of all, I express appreciation to 
the majority leader for calling up this legislation.
  As has been mentioned by the majority leader, and now by the chairman 
of the committee, Senator Jeffords, I think this is a matter of very 
significant importance to families all over this country. Hopefully, 
the next several days will be a good opportunity for them to develop a 
better understanding and awareness as to exactly what we are trying to 
do to enhance academic achievement in our public schools across the 
Nation.
  I pay tribute to the chairman of our committee, Senator Jeffords, who 
has had, over a long period of time, a distinguished career and who has 
placed the whole issue of quality education as one of his top 
priorities. We have areas of differences, but I think all of us, 
certainly on this side, have enormous respect for his continued 
leadership on the important areas of education. So it is always a 
pleasure to work with him. We have some important differences on this 
particular legislation, but all of us, at the start of this debate, 
acknowledge both the breadth of his understanding of this issue and his 
strong commitment.
  We look forward to this debate. I know today we will have general 
debate and discussion. I think that is important. Hopefully, at the end 
of the day, Members of the Senate will have a much clearer idea and 
awareness as to the two very significant and dramatic differences of 
how we want to use scarce Federal resources, the $14 billion or $15 
billion. It is a lot of money, but in a budget of $1.8 trillion it is 
still a rather small amount. But, nonetheless, it does represent about 
7 cents out of every $1 that is spent at the local level. It is 
important that we try to appropriate it as well as we possibly can.
  I think we have seen times in the past where we have had some 
important successes; we have also seen times in the past where we have 
not. But I think as a result of those times, those failures, today we 
are in a position to make recommendations to this body as to how best 
we can use the scarce resources.
  There are two very dramatic differences in approach, which I think we 
will try to spell out in the time we have available to us this 
afternoon.
  First of all, I will make a brief comment with regard to the majority 
leader. He does not engage himself often in the debate and discussion 
of policy issues. He expresses his viewpoints, but he is not as active, 
in most policy matters, as he is on education. We appreciate that. We 
have areas of difference, but, nonetheless, when we do debate the 
issues on education, he is engaged and involved. It is important that 
his involvement in this be recognized at the outset.
  I remind the Senate, however, of the two pieces of legislation he 
mentioned in terms of the achievements of the Congress. One was the Ed-
Flex legislation we passed over a year ago. We have had three States 
that have taken advantage of that particular provision--only one State 
until fairly recently; two more States have come in. The most notable 
State to take advantage of it was North Carolina. There have been 12 
States that have effectively taken advantage of the 1994 Act, and there 
hasn't been a single State or an educational community that actually 
has been turned down under Ed-Flex. I am glad we passed the 
legislation.
  Maybe during the course of the debate, we will find out that the 
principal

[[Page 6208]]

hindrance, in terms of providing greater cooperation and the 
commingling of funds at the local level, is the fact that the States 
themselves have failed to match what we have done in providing Ed-Flex. 
It is important to recognize that that has been the situation.
  In the GAO report about what local communities want at the local 
level, they name as No. 1, resources; No. 2, programs that have 
demonstrated effectiveness in local communities and enhance 
legislation; No. 3, additional training for administrative skills. They 
don't mention the flexibility issue. We are glad that there is 
flexibility, but in that report they also point out that the States 
themselves are the ones that have been extremely reluctant to deal with 
their own problems.
  The GAO report reviewed 15 States and found only 1 State that had 
really taken action in order to knock down the hindrances for that 
State to be able to work most effectively with Federal funds in that 
local community.
  Secondly, on the savings account legislation, that piece of 
legislation was bid up from $1.2 billion over 10 years to $23 billion 
when it finally left the Senate floor, in a period of 3 days, without 
any corresponding offsets--just $23 billion. Many of us have been 
trying to get a prescription drug benefit of some measure. Certainly 
that $23 billion for the senior citizens would have gone a lot further 
than the $23 billion which is mostly a tax break for wealthy 
individuals. The way that it is constructed, it will not guarantee a 
single additional pencil for a schoolhouse in this nation. It will not 
guarantee a new teacher for any classroom. It will not guarantee an 
hour of afterschool programs.
  What it will do is provide some generous tax breaks for very wealthy 
people in order to, under the definitions, try to develop educational 
programs devised by themselves to enhance the academic achievement for 
either members of their family or develop a voucher program.
  The Joint Tax Committee pointed out, during the course of the debate, 
that half of the money that would come under the education savings 
accounts would go to private schools. Half would go to public schools. 
We know 90 percent of the children go to public schools. I think those 
two pieces of legislation are very marginal--a generous word--in terms 
of dealing with the serious problems about which parents are the most 
concerned relative to the record of this Congress on education.
  There is very little with which we might differ in terms of the 
majority leader's desire and the statement made by my friend from 
Vermont about enhancing academic achievement and accomplishment. The 
real question is how that best can be done.
  It is my opinion--and, I think, the opinion of many of those on this 
side of the aisle--that the proposition before the Senate this 
afternoon is a step back from what we have at the present time.
  We know we have made some progress since 1994, when we put in place 
some tough accountability standards at the local level and other kinds 
of requirements in the implementation and the utilization of title I. 
Now, under the proposal of the majority, they are moving back, 
significantly eliminating and reducing the requirements which had been 
applicable at the local level, that ensured Title I funds were used 
effectively to enhance academic achievement. They have effectively 
wiped those out, even though they say there is a hold harmless 
provision on where the funds will go. The kinds of assurances for how 
these funds can be used, and used effectively, have been wiped out. In 
place, what they have done is given the prime responsibility to the 
Governors. This is the major change.
  With this proposal that has been advanced by Republicans, we are 
saying that we are going to give the funds to the States and let the 
Governors make the judgment and decision about how those funds are 
going to be spent.
  We hear a great deal about the importance of local control. We hear a 
great deal about parental involvement. We hear a great deal about what 
is important in local communities. That is great rhetoric, but what we 
have to do is look at what the legislation says. That ought to be the 
point of the debate.
  Let us refer to the legislation. On page 618, Determination of State 
Participation:

       The Governor of a State, in consultation with the 
     individual or body responsible for the education programs of 
     the State under State law, shall determine whether the State 
     shall participate in the performance agreement.

  Now let's say the State makes its judgment about what they are going 
to include in their application. Look on page 632, Uses of Funds Under 
Agreement:

       Funds made available to a State under this part shall be 
     used for educational purposes, including--(1) carrying out 
     activities focused on improved student learning; (2) 
     providing new books. . . .

  We can ask ourselves, why not let them do that? The answer is very 
clear. We learned a lesson on why we should not do that. From 1965 to 
1969, that is exactly what we did do--let the States use the funds for 
any educational purpose.
  Referring to the excellent report on title I of ESEA, Is It Helping 
Poor Children, the Washington Research Project points out that funds 
were used for purchasing tape recorders (14 tape recorders in 
Milwaukee), purchasing three tubas in Alabama, purchasing football 
uniforms, band uniforms for $35,000, and the list goes on--in another 
State, 18 swimming pools in the summer shall be used for educational 
purposes without any limitation.
  So the State moves ahead. They decide what they are going to use the 
funds for; it is going to be decided by the State.
  What kind of a review will we have to find out what they are doing? 
All we have to do is look at page 637 to find out what the States are 
going to do, Performance Review:

       At the end of the third year for which a performance 
     partnership agreement is in effect for a State, the Secretary 
     shall prepare a written performance review of the activities 
     carried out under the agreement.

  Isn't that wonderful? Doesn't that really have teeth in it? After 3 
years, the State is going to have a review of the activities carried 
out under the agreement. Then if the Secretary determines in the 
performance review that it isn't complete or it doesn't meet the 
agreements, there is, on 639, the real kick-in, the real tough action.
  This is what it says:

       The Secretary shall prepare a second written performance 
     review for the State of the activities [shall be developed].

  This is the legislation, Mr. President.
  Finally, on page 640, it says:

       Renewal Requirements.--The Secretary shall renew the 
     agreement for an additional 5-year term, if (1) at the end of 
     the 5-year term described in subsection (a), or as soon after 
     the term as is practical, the State submits the data required 
     under the agreement; and (2) the Secretary determines, on the 
     basis of the data, that the State that has made substantial 
     progress--

  What is substantial progress? If they have made, according to the 
Secretary of Education, substantial progress, there they go again for 
another 5 years. Where is local control in here? Where is parental 
involvement in here? Tell me where are we going to get the guarantee 
for teachers, smaller classes, or afterschool programs in there?
  They say: Well, Senator, you have to understand that States know 
best. Well, there have been some notable exceptions, so let's take a 
look at what the States have done on this. First of all, the reason we 
have Title I is because we decided in 1965 that the needs of 
disadvantaged children were not being addressed. Then we took action in 
1965 with a block grant to the States. That was a disaster. So we came 
back with more targeted programs, some of which have been successful, 
some of which, have not. What has happened along the way? We have seen 
an expansion of the title I program. We have reached out to take into 
coverage the migratory children's programs, the homeless children, the 
immigrant programs. Why? Because the States failed to meet those 
priorities.
  In March of 1987, the Center for Law and Education sent out a 
questionnaire regarding State practices of policies for homeless 
children to the chief

[[Page 6209]]

State offices in the 50 States and the District of Columbia and 
received 23 responses. The majority of the respondents, however, had no 
statewide data on the number of homeless children within their 
jurisdiction, or whether those children were able to obtain an 
education. The majority of States had no uniform plan for ensuring that 
homeless students received an education.
  The same was true with how States were serving the needs of migrant 
children. We weren't properly addressing the needs of homeless 
children, migrant children, or immigrant children, and so they became 
eligible for educational services in targeted programs because they 
were determined to be disadvantaged children. Are we going to continue 
addressing the critical needs of these special populations under this 
proposed legislation? Absolutely not. Absolutely not. This legislation 
eliminates those special programs. They aren't going to continue those 
programs in spite of the fact that States historically have done little 
to address the needs of children in those areas. That has been true 
regarding programs that would help all three of those groups. 
Nonetheless, we are going to wipe those out.
  In 1986, let's look at what the States were going to do in terms of 
trying to intervene in failing schools. This is 1986. Listen to the 
national NGA report. It was chaired by Governors Alexander, Clinton, 
King, and Riley. All four Governors had solid records in terms of 
education. They spearheaded the efforts for the Governors' report. They 
recommended that each Governor intervene in low-performing schools and 
school districts--that is what title I is all about--and to take over 
or close down, academically bankrupt school districts.
  Well, in 1987, nine States had the authority to take over and annex 
educationally deficient schools or school districts. In 1990, here go 
the Governors again. Educating America; State strategies for achieving 
national education goals. The task force was co-chaired by Governors 
Clinton and Campbell. Rewards, sanctions, linkages to school, academic 
performance, including providing assistance and support to low-
performing schools and State takeovers--these do not improve student 
achievement. In 1988, 18 States offered technical assistance or 
intervention. In 1998--12 years after the Governors quit caring about 
poor children as a top priority, we are about to send it all back to 
them. That is what this legislation does--sends it back to them.
  In 1998, NGA policy supports the State focus on schools. Reiterating 
a position first taken in 1988, NGA policy says States should have the 
responsibility on accountability and clear penalties for sustained 
failure to improve student performance. In 1999, well, we have 19 
States that have procedures for intervening. In the year 2000, 20 
States provide some form of assistance to low-performing schools. 
Included in there are States applying some type of schoolwide sanctions 
to low-performing schools.
  That is what the States have been doing in the last 12 years. Now we 
are having a recommendation by the Republicans--with that as a failed 
track record--let's send it all back to them.
  That is absolutely crazy, Mr. President. It is absolutely crazy. We 
should have learned something from the various actions of the States. 
States report that school support teams are able to serve only half of 
the schools in need of improvement.
  Now, in 1999, here is the final report on the assessment of title I. 
In this assessment, among the schools reported on in the 1998 survey 
that have been identified as a need of improvement, less than half 
reported that they had received additional professional development or 
technical assistance as a result of being identified for improvement 
from the States. I mean, this is a year ago, when the local 
communities' title I were asked--the ones that have been in the most 
troubled circumstances--what do the States provide, more than half of 
them said they never heard from the States. That is an indication of 
the States' interest.
  We are turning all of this money over to the States and we naively 
think they will take care of all disadvantaged children. We are giving 
them a blank check, revenuesharing, a block grant when we are up 
against this kind of record. The list goes on. We could go through 
this, but I don't think we will be all that surprised with the results.
  We went through this a short time ago--our block grant to States in 
terms of tobacco funds. Many of us are trying to identify those funds 
that ought to go to children, or children's health, or children's 
education. We were rolled on that particular thing. Now we find out 
they are laying more sidewalks in the State of California. That list 
goes on. What happens? What priority do these children get in terms of 
the States? They didn't get any priority when this bill was passed in 
1965, and they are being shortchanged today, even with requirements 
that the funds go down to the local community. This legislation is 
going to effectively give it all to the States, as I mentioned. I think 
that is basically and fundamentally in error. As I mentioned, what are 
we trying to do?
  Let me point out a couple of other items. If a State opts to 
participate in the Straight A's block grant, the accountability 
provisions, which, as indicated, are insignificant, apply only at the 
State level. Therefore, a State could demonstrate statewide overall 
progress based on progress being made by wealthier communities, while a 
lack of progress in disadvantaged communities remains statistically 
hidden. Do we understand that?
  That means the State, in giving its progress requirement--which is a 
rather amorphous kind of definition--can use statewide figures and can 
also be selective with the particular school districts they are going 
to include in their report. You can say that can't be so, that just 
can't be so. It is so.
  On pages 625 and 640, Straight A's contains general language 
supporting efforts to close achievement gaps, but there is no real 
requirement that the gaps are closed. The goals for student performance 
are set at the State level and there is little repercussion for 
failure. In addition, the proposal would free participants from current 
law requiring inclusion of all students in State assessments. That is 
one of the matters that is now going to be put aside.
  Under the block grant proposal, ``all students'' is defined as ``all 
students attending public or charter schools that are participating in 
the State's assessment system.'' There are no provisions requiring 
States to include all students in that assessment system. Therefore, 
the States could exclude students from assessment without any 
accountability for their performance.
  Talk about a shell game--they have general language about what the 
States have to do in order to get the next big chunk of money from 
Uncle Sam.
  Take a look at what the States have to do in terms of giving their 
report where they can be selective about who is going to be in and who 
is going to be out to try to meet that requirement effectively. It is, 
as we have mentioned, an absolute blank check.
  We have learned year in and year out that when you give a blank check 
on education, it isn't the neediest and the poorest children who are 
going to get it. That is why we have all of the various GAO studies 
showing that in targeting funds, Federal funds are targeted seven times 
more to poorer children than State funds expended on education. At the 
Federal level, with scarce resources, we decided those are going to be 
the priorities. They present an extraordinary challenge of what we can 
do and what we can achieve. I think that is a very legitimate debate.
  But on our side, we have attempted to say we are going to provide to 
parents some guarantees in the area of education, some guarantees on 
smaller class size, some guarantees on teacher training, some 
guarantees on afterschool programs, some guarantees in terms of 
accountability, and hopefully to try to ensure that we were going to 
have safe schools and safe and drug-free schools. We are also going to 
do something about meeting the challenges which so many of our students 
face with buildings that are in a state

[[Page 6210]]

of collapse, are antiquated, and should not be used for purposes of 
educating children. Those are guarantees.
  The Senate has a choice: Are we going to, on the one hand, give the 
blank check to the States, or, on the other hand, are we going to 
follow the tried and tested programs that have demonstrated results for 
children at the local level?
  I want to mention what we have done on our side with regard to the 
issue of accountability.
  First of all, our framework requires States to set goals for student 
performance progress on the local level and school districts to set 
goals for student progress for each school.
  You will hear the rhetoric about how wonderfully we are doing with 
schools. Here it is. We will give the reference for the various pages. 
Let me go through them.
  If the school or district fails to make progress within 2 years, 
districts and States must take action to assist the school or district, 
and supplemental resources are provided. Research-based school 
improvement strategies must be implemented.
  If they are going to implement from a range of different options, 
they have to have demonstrated success in the past based upon solid 
research. Then they can be used in the local communities.
  If the school or district continues to fail, the district or State 
must impose sanctions. The governance structure of the district or 
school must be changed, intensive professional development must be 
provided to the school's faculty, and parents must be given the option 
to send their children to the higher performing public schools.
  Effectively, if they are unable to be turned around at the end of the 
5-year period, they will be on probation after the 3 years. If they are 
unable to do that, the school is effectively closed. The children will 
have to go to another school, or the States will come in and reverse 
that situation.
  Quite frankly, that has worked. In the State of North Carolina, they 
have 14 schools which they have had to go into and close down. Of the 
14 schools they have closed, 12 of them are now above the State average 
in terms of performance.
  We are building on programs that have been tried and have 
demonstrated success. That is the way we are approaching the 
underserved schools and school districts. Our bill strengthens the 
current title I accountability system, and States are required to 
demonstrate progress and student achievement in each school and each 
district so that no community is left behind.
  Our bill requires goals for student progress, not just in the 
aggregate, but also for economically disadvantaged, racial and ethnic 
groups, and limited-English-proficient students. This step is necessary 
to ensure that progress is made in narrowing existing achievement gaps. 
States are also required to submit a report identifying students 
excluded from assessments. If for some reason they are going to let 
students out of these assessments, they are going to have to be 
identified. This is to guarantee that the system is not being gamed.
  That is what is happening. We sort of know it in some places where 
they have the various tests and the kids are being taught to take a 
particular test. There is a great deal of gaming going on in the 
system. We have to do everything we can to make sure that is not the 
case. This is to guarantee that the system is not being gamed by the 
practice of discarding the scores of certain students or outright 
excluding them from the assessment in order to improve the aggregate 
result.
  It establishes significant consequences for failure--freezes 
administrative funds and requires the Secretary to withhold an 
increasing proportion of Federal funds for administrative expenses each 
successive year the States fails to meet the deadlines.
  It requires accountability at the district and school level, not just 
the State level, by requiring LEAs to undertake corrective actions to 
reform specific failing schools and requiring States to undertake 
corrective actions to reform failing school districts. Under these 
provisions, the school district would be required to take action that 
would change the governance structure of failing schools;
  It establishes report cards to inform parents about the quality of 
their schools and their progress in meeting student achievement goals. 
Our plan also requires notification to parents when either the district 
or school that their child is enrolled in is undergoing corrective 
actions.
  This body doesn't see the difference between what is in the 
Republican proposal versus the kind of accountability we are talking 
about in our proposal. There are light years in difference. If we are 
going to be serious about these funds, we need to move ahead to make 
sure we are going to have support for programs that will make a 
difference for children.
  With regard to the opening comments about accountability, I hope our 
friends on the other side of the aisle are going to spare us a lot of 
discussion about local control and parent involvement because it just 
isn't there, it just isn't there. It might be there in the minds of 
people, but it isn't there in terms of legislation. It just isn't 
there. We want to put it there. We know how to put it there. If we want 
to do that, that is all well and good. We welcome the opportunity. We 
tried to do that in the course of the program.
  I will make a brief comment about some of the challenges that remain. 
We still have a long way to go. We are strongly committed to deal with 
those issues. Let me mention what happened in some areas and some 
communities.
  In Connecticut, reading scores went up when the State had a major 
investment in attracting the Nation's best and brightest teachers. That 
has been recognized generally by all those in education. They have done 
the most effective job in ensuring a well trained teacher in every 
classroom. Experts are reaching the conclusion that is an indicator as 
to how much the children have moved up. Important research has 
supported that concept.
  The bottom line is, with well trained teachers who are certified by 
the States--which is the case in our bill, not in their bill--in every 
classroom, the students' scores increase. Our legislation, that will be 
introduced by Senator Daschle in the form of a substitute to the 
underlying legislation, will have certification by the States within 
the 5-year period.
  In Boston, MA, at the Harriet Baldwin School, there is a program that 
serves 283 students; 93 percent are minorities, and 80 percent are 
eligible for free or reduced-price lunches. From 1996 to 1998, their 
math and reading improved substantially above the national median. In 
1996, 66 percent of third graders scored at math levels I and II with 
little or partial mastery of basic skills; in 1998, 100 percent scored 
at levels III and IV with solid performance, superior performance, 
beyond grade level. In 1997, 75 percent of the fourth graders were at 
level I and II and with only 25 percent at high proficiency. In 1998, 
more than 50 percent were at higher levels of proficiency.
  We find programs with tough accountability, good teachers, and 
smaller class, we are seeing superb results.
  One of the underlying differences between the bill presented by our 
Republican friends and our proposal is with regard to the professional 
development. That is a key element. Hopefully, we will have an 
opportunity to address that issue independently as the debate goes on. 
It is of special importance as we consider the underlying legislation.
  Our Republican colleagues argue that the block grants provide the 
needed flexibility to improve teacher quality. The Republican Teacher 
Empowerment Act gives so much flexibility that States do not have to do 
anything to change their current practices. They can continue hiring 
uncertified teachers and continue providing low-quality, ineffective 
professional development and mentoring. They can use most of the funds 
for a large variety of purposes that dilute the focus and attention on 
improving the recruitment and mentoring and professional development of 
teachers.
  Why is this so? The proposed Teacher Empowerment Act does not 
guarantee

[[Page 6211]]

any substantial funds for professional development. Page 210 says, for 
professional development activities:

       Each local educational agency that receives a subgrant to 
     carry out the subpart shall use a portion of the funds made 
     available through the subgrant for professional development. 
     . . .

  They qualify with ``use a portion'' of the funds. We don't know what 
that ``portion'' of the funds is. It does not guarantee funds for 
mentoring programs, one of the most effective teacher professional 
development activities. Studies show, without mentoring programs, half 
of all the new teachers in urban and poor areas drop out within the 
first 5 years. Put in effective mentoring programs, and 70 to 75 
percent of the teachers are staying in the schools, according to 
studies.
  Regarding mentoring, programs that provide mentoring to newly hired 
teachers, such as mentoring for master teachers, are merely allowed. 
Mentoring is only ``allowed,'' not required, even though virtually all 
of the major studies show that mentoring programs work.
  It does not guarantee funds for recruitment programs, it just allows 
the use of the funds. It does not guarantee that teachers are trained 
to address the needs of children with disabilities. Our bill guarantees 
that teachers are trained to meet the needs of children with 
disabilities and limited English proficient children.
  It does not hold States accountable for having a qualified teacher in 
every classroom. It does not even require teachers to be certified. 
Imagine that. I was listening to the majority leader talk about the 
importance of having good teachers in every classroom. Their proposal 
does not even require that teachers be certified in Mississippi.
  It also does not require a substantial priority for math and science 
training. No one can look at the challenges that underserved children 
are facing in our schools in urban and rural areas and not understand 
that in math and science there are special needs. Talk to any educator 
who has dealt with the problems of urban education, and they will say 
you need someone who will be teaching math and science. We provide an 
allocation for the math and science teachers, giving them the first 
priority. They don't require any substantial priority for math and 
science training.
  Their proposal does not require accountability. Instead, it promotes 
ineffective activities through the TOPS Program that are contrary to 
promising practices by supporting individually selected strategies for 
teachers. That means if you are a teacher in Chicopee and decide you 
would find a program you think is pretty good for elsewhere in 
Massachusetts, be my guest, you can take it. It gives them all the 
flexibility on this to be able to go out there and take it, instead of 
using what has been the recognized way of enhancing academic 
achievement and professional development; that is, having it school-
related, tied to the curriculum, working with teachers, working with 
students. That is what all the studies, teachers, and scholars alike 
have said.
  Not under the Republican program; it is business as usual. They have 
used the programs in various communities around the country. I hope 
those who are trying to defend the Republican program will be able to 
demonstrate how and where their effectiveness has been. It hasn't been 
there. It is not there. But they have accepted that. That, I think, 
really fails to meet the basic thrust of the importance of a qualified 
teacher.
  There are others who want to speak, but let me just spend a few 
minutes on what we have done on teachers. In our particular program 
with regard to recruitment and professional development, to help 
schools and districts States can keep up to 6 percent for State 
activities, including strategies to raise teacher salaries, improve 
alternate routes to State certification, and reduce the numbers of 
teachers placed out of field or who are emergency credentialed. It 
requires the first $300 million will be used for professional 
development, mentoring, and recruitment in math and science, and it 
requires 60 percent of State funds be used for high-quality 
professional development and mentoring activities. That is funds that 
would go by formula to districts on the basis of 80-percent poverty and 
20-percent population.
  It guarantees that 30 percent of the State funds go for State-run 
competitive local recruitment programs to high-need districts and to 
recruit and train high-need candidates. It guarantees teachers are 
trained to address the needs of children with disabilities, female 
students, and other students with special needs and bilingual programs. 
It holds States accountable for having a qualified teacher within 4 
years of enactment of the law, otherwise their funds halt in this 
program. They are accountable for having a qualified teacher in every 
classroom within 4 years of enactment of the law. It holds local 
districts accountable for results. They may not hire any teachers who 
are not qualified using title II funds.
  If we needed something to say we need to give a high priority to 
well-trained teachers, all we have to do is just look at the Wall 
Street Journal of about a month ago. It is dated February 29, ``Schools 
To Turn To Temp Agency For Substitute Teachers.''

       Most school districts begin every day with a nerve-wracking 
     hunt for substitutes to fill in for absent teachers. With the 
     tight labor market making the task especially tough, a few 
     are starting to outsource the job. Kelly Temp Services 
     unveiled the first nationwide substitute teacher program, and 
     now handles screening and schedules for 120 schools in 10 
     States.

  This is a national indictment of our failure to deal with the 
problems of development of qualified teachers for our schools. We have, 
I think, an effective program which really reflects the judgment on the 
major professional development programs. I will just mention what the 
various studies say they need to do. They say high-quality professional 
development must be connected with teachers' work with their students, 
linked to concrete tasks of teaching, organized around problem solving, 
be informed by research, and sustained over time by ongoing 
conversations and coaching.
  There is a series of recommendations which we have worked on with 
regard to mentoring as well as the other aspects of it.
  Let me just conclude with these observations. On the one hand, you 
have what we are attempting to do, and what we will attempt to do with 
our substitute amendment, which is to guarantee to parents tough, 
strong, effective, tried-and-tested programs that are going to result 
in enhanced academic achievement and accomplishment. There is a 
significant break with the past with our very tough-minded 
accountability standards. We owe a great deal to Senator Bingaman and 
others who have done yeoman work in that area of accountability, and 
have for a long period of time going back to the Governors' meetings. 
We have that.
  On the other hand, we have the contributions, a blank check to the 
States. It is a blank check to the States for them to effectively use 
that money in a State program, virtually free from the requirements 
that are going to result in, first, the funding getting to where the 
needs are, and, second, the effective and tough-minded programs that 
can make a difference to those children in the underserved areas.
  ``It isn't there.'' You will hear the conversations, you will hear 
the speeches, you will hear the words, but ``it isn't there.'' You 
can't show it. We will take every section of the bill and go through 
it--I have--and show it does not give the accountability that is 
required. It fails the parents in this country, giving assurance to 
them for these programs.
  I have not even gotten into the question of portability, the whole 
sense of block grants. What has happened historically when we have gone 
back to block granting is, on each and every occasion that we have 
block granted, we have found out those funds have been dramatically 
reduced over a period of years. We can go back into that. I will at 
another time. But just take that because the fact is the focus and 
purpose for which those funds are developed becomes blurred. That has 
been

[[Page 6212]]

the record. That is what we are going to see with regard to the Federal 
participation, partnership. It ought to be a partnership with the State 
and local communities.
  There are many in this body who do not think we ought to be in there 
at all. I understand that and respect it. It was not that long ago when 
they were advocating the elimination of the Department of Education. 
That was the Republican position. I understand it. I believe every one 
of us on our side believes when the President meets with his Cabinet 
there ought to be someone in there talking about education, education, 
education. That has been their position.
  Second, they have tried to cut back funding on education over the 
period since 1994. I understand that. They don't want Federal 
involvement.
  This must be the new way. Now we are getting vouchers, block grants, 
and give it to the States and let them make the judgment without tough-
minded accountability.
  It is the wrong way to go. We should know better. I hope in this 
debate we will have the opportunity to demonstrate it further.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Thomas). The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I appreciate the words of my good friend 
from Massachusetts, but I want to assure the American people that the 
majority of his criticisms are directed not toward the main body of the 
bill but toward a demonstration project contained within the bill. I 
think we have agreement on a great deal of the underlying bill.
  I would like to point out, for instance, that the bill contains a 
bipartisan proposal put forward by the Governors. Our heavily relying 
on the States is only appropriate, and it is the way to go. The 
Governors and the States are primarily responsible for education in 
this country.
  I also point out that this bill does not abandon the needs of 
homeless children and immigrants and other disadvantaged students. They 
are maintained about the same as they are now.
  There are some important differences, there is no question about it, 
with respect to parts of the bill. But the major of the criticisms 
offered by my colleague from Massachusetts were aimed at a 
demonstration project that might be used by 15 States. I think there is 
agreement on so much of this bill, I hate to see the debate entirely 
focused on those areas that were mentioned.
  I note the majority has consumed about 15 minutes, and the minority 
has consumed more than an hour. I have three of my people waiting who 
have been here for pretty much that time. I will recognize those three 
and then we will return to alternating.
  Mr. KENNEDY. If the Senator will yield, I hope the majority leader's 
eloquent and compelling support for your side would be included.
  Mr. JEFFORDS. That is in a special place.
  Mr. KENNEDY. I see; a special place. OK. Senator Dodd and Senator 
Bingaman were going to speak, so the next 45 minutes will be fine.
  Mr. JEFFORDS. We will listen to the three here.
  Senator Collins has been a leader in an effort to increase 
flexibility, particularly for our rural schools. I will yield her. I 
have a feeling she probably has something interesting to say and look 
forward to hearing her statement.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I thank the chairman of the committee, 
the Senator from Vermont, for his leadership in bringing this important 
legislation to the Senate floor. It is evident from the debate we have 
already heard that we are going to have, this week, a very vigorous and 
productive debate on the best way for the Federal Government to improve 
America's public schools, to improve teaching and learning. I look 
forward to the adoption of this legislation which will strengthen our 
K-12 education.
  No endeavor is more important to our Nation's future than ensuring 
that all children reach high standards. That is exactly what the 
legislation before us demands.
  The Educational Opportunities Act will put children first. That 
should be our goal as we consider this important legislation. We should 
put children first so that no child is left behind.
  I recently had a schoolteacher in eastern Maine give me a pin that I 
am wearing today that says, ``Children First.'' If we keep that in 
mind, if that is our goal throughout this debate, then I am confident 
we will pass this legislation which will make a difference in the 
public schools of America and to the future of our children.
  During the past 3 years, I have visited dozens of schools all over 
the State of Maine, from Kittery at the southern tip, to Jackman in the 
west, Rockland on the coast, and St. Agatha in the north. In fact, just 
last Friday, I visited two excellent schools in Kittery, ME, the 
Frisbee Elementary School and the Shapleigh Middle School, where I 
talked with students and they asked me wonderful questions for over an 
hour. It was a wonderful visit to these two schools.
  I have seen firsthand the excellent jobs that Maine teachers and 
administrators are doing in educating our children. The quality of 
instruction taking place in Maine schools is, indeed, impressive, and 
it is producing results. Maine's scores on national tests and its rate 
of high school graduation proves that our State's public schools are 
among the best in the Nation. Moreover, Maine's public schools provide 
a good education for all of our children regardless of their family 
income or where they live in our State.
  The recent report issued by the Council of Chief State School 
Officers shows that low-income students are performing nearly as well 
as the average of all Maine public school students, and that, of 
course, is our goal.
  An important factor in Maine's success has been its ability to obtain 
waivers from Federal regulations. Let me repeat that. One reason that 
Maine schools have been successful is they have been able to get 
waivers from Federal regulations. Federal regulations in some areas 
have been an obstacle to their success. It is only because Maine's 
commissioner of education has been vigilant in trying to get waivers 
from Federal regulations that he has been able to move forward on a 
number of fronts to improve Maine's schools.
  The most recent of the waivers that the State received gave Maine's 
schools more flexibility to use class-size reduction funds for teacher 
professional development. This is an option that the bill before us, S. 
2, would give to all States.
  Recently, I had a phone call from the chairman of a school board in a 
small community in Washington County. She conveyed the appreciation of 
that school district for the flexibility to use Federal class-size 
monies for teacher professional development. She put it well. She said: 
We don't need to reduce class size; what we need is funds for 
professional development.
  Indeed, this school system is so small that it only received about 
$6,000 under the Class Size Reduction Program, not enough to hire a 
teacher, but they were able to put that money to good use by investing 
in professional development, a high need in that particular school 
system.
  On a larger scale, Maine sought and was granted a waiver from Federal 
regulations to allow it to use a grant from the Comprehensive School 
Reform Demonstration Program to support the State's major reform 
initiative focusing on improving high schools.
  That was to implement this excellent report that the State produced 
through its Commission on Secondary Education. It is called ``Promising 
Futures: A Call for Improving Learning for Maine's Secondary Schools.'' 
Although Maine has almost eliminated the performance gap between 
disadvantaged and advantaged students in the elementary schools, the 
Federal regulations require the State of Maine to use these funds only 
in the lower grades.
  Fortunately, Maine was able to receive permission to move ahead on 
carrying out the recommendations put forth in this report by the Maine 
Commission on Secondary Education and to go forward with comprehensive 
reform in title I-eligible high schools.

[[Page 6213]]

  Why should the State of Maine have to go to Washington and get 
special permission to pursue these critical reforms? That does not make 
sense. It is the people in Maine who know best what their schools need. 
The people in Maine, working hard on this commission, decided there 
needed to be more focus on improving Maine's high schools, and yet 
Federal regulations were an impediment to achieving that goal.
  We have what I think of as a ``Mother, may I?'' approach to Federal 
regulation of our schools. Our States have to beg for permission to 
move forward. They have to seek waivers of regulations in order to 
pursue worthwhile programs.
  The Educational Opportunities Act will give the States this option 
without the time-consuming and costly administrative burden of seeking 
waivers from all these Federal regulations. These Federal regulations 
are well meaning, they are well-intentioned, but too often they act as 
an impediment to reform.
  Unfortunately, the performance in many other States' schools lags 
behind Maine's with large gaps between the performance of children in 
high-poverty areas versus low-poverty schools. Our goal as a nation, 
and the intent of the Educational Opportunities Act, is to help every 
public school succeed so that every student has the opportunity to 
achieve his or her full potential.
  In many cases, education is the difference between prosperity and 
poverty, hope and despair, dreams fulfilled and lost opportunities. 
Fueled by the remarkable success of the dot-com generation, many areas 
of the United States have experienced unparalleled economic growth. 
However, between Silicon Valley and Wall Street, many Americans still 
live in the shadows of the new prosperity. Education is the best, 
perhaps the only way, to close the ever-widening economic gap in 
America. Indeed, the economic gap in America is largely an education 
gap. Moreover, education is the best way for us to stoke the fire of 
our Nation's economic engine.
  The question before us as we debate the reauthorization of the 
Elementary and Secondary Education Act is: What is the proper role of 
the Federal Government in promoting excellence in every public school 
and helping every student succeed? We can all agree that our public 
schools must do a better job in teaching our children and that the 
Federal Government must also do a better job in supporting our public 
schools. The question is: How can we best accomplish that goal?
  Seventeen years ago, the landmark study, ``A Nation at Risk,'' warned 
of declining performance in American schools and turned the Nation's 
eyes toward reforming public education. Today, however, too many 
schools, particularly in our inner cities, continue to fail to provide 
a solid education to their students. Although the United States spends 
more than $660 billion a year on education, nearly 60 percent of our 
low-income fourth graders cannot read at a basic level. Clearly, 
reforms are necessary to ensure that every child learns and achieves 
his or her full potential.
  Recent polls show that the American public thinks our public schools 
are in a state of crisis. More than two-thirds of the people surveyed 
said in a recent poll that they are dissatisfied with the way public 
education is working, and nearly 50 percent gave our schools only a 
grade of C.
  On the bright side, Americans are committed to fixing our public 
schools and eliminating mediocrity. Nearly every person surveyed said 
that improving our public schools should be a top priority.
  The Federal Government clearly takes a back seat to States and 
communities in terms of funding and overseeing our public schools, and 
that is how it should be. The Federal role is, nevertheless, important, 
particularly for helping disadvantaged students. Unfortunately, 
Washington has not always been helpful, nor has it been successful in 
achieving that goal.
  The Elementary and Secondary Education Act, first enacted in 1965 as 
part of President Lyndon Johnson's war on poverty, is the cornerstone 
of the Federal involvement in K-12 education. It is intended to provide 
financial assistance to States and school districts to improve 
education for children from disadvantaged families.
  Today, title I remains the largest Federal program, funded at nearly 
$8 billion annually. But, after 35 years, and $120 billion spent, the 
results remain a disappointment.
  The statistics are troubling and should give us pause:
  Only 13 percent of low-income fourth graders score at or above the 
proficient level on national reading tests;
  Two out of three African American and Hispanic fourth graders can 
barely read;
  Half of the students from urban school districts fail to graduate on 
time; and
  In math, fourth graders in high-poverty schools remain two grade 
levels behind their peers in low-poverty schools; in reading, they are 
three grade levels below their peers in schools in better 
neighborhoods.
  We can no longer pretend that Federal programs have succeeded. We 
need a new approach. As these sobering statistics highlight, little 
progress has been made toward achieving the ESEA's fundamental goal of 
narrowing the achievement gap between low-income and higher-income 
students. We know that the gap can be narrowed. We have largely 
accomplished that goal up to eighth grade in the State of Maine. But, 
clearly, we are not doing all we can to assist States and communities 
in reaching this goal. Clearly, the approach we have taken during the 
past 35 years simply has not worked.
  The Educational Opportunities Act gives the Senate the potential to 
do for education what it did for welfare a few years ago: end years of 
inflexible rules, provide new incentives, and focus Federal dollars on 
results.
  Under the current system, Washington requires schools to spend an 
inordinate amount of time filling out forms and complying with 
bureaucratic mandates. As a result, our public schools spend more than 
48 million hours each year on Federal paperwork. That is 48 million 
hours that could be spent on students; instead, it is spent on Federal 
paperwork.
  The bill before us today will increase the authorization for Federal 
education funding without adding burdensome restrictions. It will 
create an environment focused on increased achievement, on results, on 
student learning, not on more bureaucracy and paperwork, and it will 
improve our public schools, not abandon them.
  The Health, Education, Labor, and Pensions Committee held many hours 
of hearings on how to improve the effectiveness of the ESEA. The 
majority of the committee concluded that individual States, local 
school boards, teachers, and parents are far better prepared than 
Washington to make decisions about what their students need. So the 
committee decided to give States more options.
  This legislation allows States to choose among three options for how 
to receive Federal funds. First, a State could decide to continue under 
the traditional ESEA approach of receiving formula grants for specific 
Federal programs for specific purposes as well as applying for 
competitive grants. In other words, if a State is content with the 
status quo, its schools can continue along that path. No one is forced 
to adopt a different approach.
  The second option is for States to apply to the Secretary of 
Education to enter into a performance partnership. This approach gives 
States somewhat more flexibility in the use of Federal education 
dollars in return for an agreement to achieve specific results, in 
other words, in return for an agreement to show true improvement in 
student learning.
  Under the third and what I believe to be the most promising and 
innovative approach, a State could apply, under the Straight A's 
Program, to be one of 15 States that will be given even more 
flexibility in spending Federal funds in return for strict 
accountability focused on student achievement. That is one of the major 
philosophical differences we are seeing in this debate. Our bill says

[[Page 6214]]

that what is important is what students are learning. Showing 
achievement gains should be the bottom line.
  Unfortunately, too many on the other side of the aisle are wedded to 
the old approach which says what is important is having Federal strings 
attached to every dollar and making sure the paperwork is filled out 
correctly.
  The premise underlying the performance partnership and the Straight 
A's approach is similar. Instead of imposing a one-size-fits-all 
Federal mandate, the Federal Government would recognize that one 
community may need more math teachers while another may need to 
concentrate on improving reading programs, and that still a third may 
need to upgrade the science labs. The point is, it should be your 
community's decision, not Washington's.
  The Educational Opportunities Act frees States from Federal control 
and redtape but only in exchange for increased student performance, 
increased student achievement gains.
  Another important title of S. 2 includes the Teacher Empowerment Act. 
Other than involved parents, a well-qualified and dedicated teacher is 
the single most important prerequisite for student success.
  The lessons are clear. We must encourage talented people to choose 
teaching as a career and keep them in the classroom. The Teacher 
Empowerment Act authorizes $2 billion for State and local efforts to 
improve the quality of teaching. It gives States and communities the 
freedom to use Federal dollars to provide effective professional 
development for our teachers; to prepare, recruit, and retain well-
qualified teachers; or to reduce class size--whatever the priority is 
in that community.
  Some States are also exploring alternatives to traditional teacher 
certification. I find it ironic that in public high schools in most 
States Alan Greenspan could not teach a class on economics, and our 
distinguished scholarly colleague, Senator Moynihan, could not teach a 
class on American Government.
  I am not saying that subject matter expertise alone qualifies someone 
to teach, but surely we should give incentives to States to be more 
creative in pursuing alternate routes to certification. Our legislation 
would do just that.
  I am particularly pleased that the bipartisan legislation that I 
introduced to help our Nation's rural schools has been included in this 
bill. I see my colleague, Senator Hutchinson from Arkansas, is on the 
floor. He is one of the cosponsors of this legislation.
  Although my commitment extends to every student in every school--
whether rural, suburban, or urban--I have a particular concern for the 
challenges that are unique to small school districts, especially those 
in rural areas.
  Smaller rural schools face at least two problems under the current 
Federal system. First, they often receive very small amounts to carry 
out federally mandated activities.
  One Maine school district in Frenchboro, ME, received a whopping $28 
to fund a district-wide Safe and Drug Free School program--clearly, not 
enough to accomplish the goal of that Federal law.
  Another school district in northern Aroostook County with 400 
students receives four separate Federal grants, ranging from $1,900 to 
$9,500. Not one of these grants is sufficient to implement the goals of 
the Federal program, and each small amount comes with its own 
paperwork, redtape, and strings attached.
  The second problem is that small school districts are essentially 
shut out of the competitive grant program. They lack the grant writers 
and other resources necessary to apply for and manage Federal grants 
that larger school districts are able to seek.
  My legislation addresses both problems by allowing small school 
districts to consolidate the Federal funds for local priorities and to 
receive supplemental funds in lieu of applying for competitive grants.
  These small rural districts could then use these funds to hire a new 
math or reading teacher, fund professional development, offer a program 
for gifted and talented students, purchase computers, or pay for any 
other activity that meets the community's priorities and needs. I thank 
the chairman of the committee for including my rural education 
initiative as part of his chairman's mark.
  Education is more important now than ever before. A strong K through 
12 education prepares students for the postsecondary education they 
will need to adapt to an increasingly dynamic marketplace and to have 
choices and opportunities throughout their lives. As Plato said 
centuries ago: The direction in which education starts a man will 
determine his future life.
  I look forward to continuing the debate on the Educational 
Opportunities Act and to assuring that America's public education 
system starts all children, from all backgrounds, regions, and income 
levels, toward a lifetime of learning, contributing to society, and 
achieving their dreams.
  I yield the floor.
  Mr. JEFFORDS. Mr. President, I yield to the Senator from Arkansas 
such time as he may consume, hoping he will keep it at about 15 
minutes.
  The PRESIDING OFFICER (Ms. Collins). The Senator from Arkansas.
  Mr. HUTCHINSON. I thank the chairman for yielding me this time, and I 
thank him for his leadership on this bill we bring to the Senate floor 
today. I thank Senator Collins for her outstanding remarks, as well as 
her leadership, particularly in the area of our rural schools. She has 
done a great job. I also am pleased that that is included in the 
chairman's mark. I look forward to the debate in which we engage today 
and throughout this week and perhaps next week as well.
  I see Senator Coverdell from Georgia, who has led the way on 
education savings accounts, and Senator Frist from Tennessee, who was 
on the floor a moment ago, who led on education flexibility. We have a 
number of members of the committee who have worked hard, including 
Senator Sessions from Alabama, who has been very engaged and involved 
in this, and Senator Gorton from Washington, who has been very involved 
as well and is not a committee member.
  This is the most important debate we will have in this session of the 
Congress. The debate on education and the Educational Opportunities Act 
is the most critical debate we could possibly have.
  I sat here during the remarks of Senator Kennedy. I respect him 
immensely; I regard him as a friend. Never could the philosophical 
chasm that exists between the Democratic approach and our Republican 
approach on education have been made more clear than during the 
statement of Senator Kennedy. While I wish I could take longer to 
refute some of the things he said, there was one particular comment to 
which I took greatest exception. That was his statement that 
Republicans want to cut funding for education. That simply is not 
accurate.
  As all who watched the budget process last year are well aware, we 
increased education spending above what the President had requested and 
what he had recommended in his budget. This year, in this legislation, 
we once again increase spending on education. The statement that 
Republicans want to cut spending for education is simply inaccurate. 
Senator Kennedy is off base in making that allegation. Every school 
district in Arkansas will see an increase in the Federal contribution 
to their budgets as a result of the Educational Opportunities Act.
  There was another statement of which I took note. I wrote it down as 
Senator Kennedy was speaking. He said twice: We need to stick with the 
tried and the tested. At one point he said: We need to stay with the 
tried and the demonstrated successful programs. Another time he said: 
We have an effective program.
  I will debate on that ground all week long. I do not want to be the 
Senator standing on the floor of this Chamber defending the status quo 
and arguing that it is tried and tested. It was tried and it has 
failed.
  We don't have to look very far to realize that. In yesterday's 
Washington Post, in the Metro section, just the headline tells the 
story: Test Shows

[[Page 6215]]

Students Can't Do The Math; 64 Percent Fail Final Exam After Montgomery 
Standardizes Grades. As we read the small print in the story, it 
becomes even sadder.
  The whole purpose of the Federal role under title I was to lower the 
disparity in scores between the disadvantaged and the advantaged, to 
narrow the gap. What this story tells us is that while 64 percent of 
all students failed--almost two-thirds--80 percent of African American 
and Latino students flunked the test while only about 50 percent of 
whites failed the test.
  That is one of the great tragedies. That is the great failure of our 
existing status quo approach to title I and trying to fund education 
for the disadvantaged and trying to narrow the gap between those who 
are advantaged and those who are disadvantaged. I will repeat this over 
and over again this week. Stick with the tried and the tested. That is 
what Senator Kennedy said: Stick with the tried and the tested. That is 
what the Democratic side offers. That is what they offer this Chamber. 
That is what they offer this country: Just stick with the status quo.
  That is why we will win this debate this week and before the country, 
because we know the children of America deserve better. The tried and 
the tested has not been good enough. To use an old phrase from 
Scripture: It has been weighed in the balances, and it has been found 
wanting.
  During the 34 years of the Elementary and Secondary Education Act, 
Congress has increased funding dramatically. We have created programs 
exponentially, and we have added bureaucracy layer upon layer. As 
Senator Collins pointed out, 15 years ago the alarming report, ``A 
Nation At Risk,'' recorded that the state of education in the United 
States not only jeopardized a generation of young Americans but posed a 
real threat to the future of our Nation.
  Since that time, many States have embraced standards and 
accountability; 26 have instituted exit exams for high school. With 
these reforms, slight increases in student performance have occurred. 
But by virtually every measure, we remain a nation at risk.
  Unfortunately, while many States are responding to the crisis with 
bold, creative reforms, the approach of the Federal Government has 
remained unchanged. Each succeeding reauthorization of ESEA has 
resulted in preserving the top-down bureaucratic model of education. 
This is the first time we as Republicans have been in control of the 
majority, at least in the House and the Senate, the first time we have 
had an opportunity to leave our imprint upon ESEA.
  It should not be surprising, as we look at the history of this 
program, that the American Legislative Exchange Council, when they 
issued their bipartisan report on education 2 weeks ago--the American 
Legislative Exchange Council is the Nation's largest bipartisan 
association of State legislators; they released their report card on 
American education about 2 weeks ago--concluded the current path is not 
good enough.
  Senator Kennedy may say let's stick with the tried and true, but the 
American Legislative Exchange Council, as most Americans, has concluded 
the current path is not good enough.
  We heard the same dire, fearful predictions when we tried to do 
welfare reform a few years ago, the same predictions exactly: The sky 
is falling. You can't trust the States. We heard the same kind of 
fearful, dire predictions when States began experimenting with charter 
schools, that it was going to destroy public education. Yet today, with 
thousands of charter schools throughout the country, no one would dare 
make that claim.
  Where has the current prescriptive regulatory approach led us? In 
student performance, America's 12th graders rank 19 out of 21 
industrialized countries in math achievement and 16 out of 21 countries 
in science. Where has the current prescriptive regulatory approach led 
us since 1983? Ten million young Americans have reached the 12th grade 
without having learned to read at a basic level; 20 million seniors 
could not do basic math; 25 million are ignorant of the essentials of 
U.S. history.
  In the fourth grade, over three-quarters of children in urban, high-
poverty schools are reading below basic on the NAEP test--the National 
Assessment of Education Progress. Where has it gotten us? Throughout 
the United States, per pupil expenditures have increased by more than 
23 percent over the past 20 years, the past two decades, after 
adjusting for inflation. Yet two-thirds of American eighth graders are 
still performing below the proficiency level in reading. I suggest that 
reauthorizing a status quo ESEA should not be an option. America's 
children deserve better.
  Not only does American education fail in regard to the most essential 
criterion, student achievement, but it also fails in its allocation of 
resources. For example, in Florida it takes six times as many people to 
administer a Federal education dollar as a State dollar. That is 
amazing. In Florida, they have 297 State employees administering $1 
billion in Federal funds. They have 374 employees overseeing $7 billion 
in State funds. It takes six times as many people to administer a 
Federal education dollar as a State dollar. Unfortunately, Florida is 
not an exception; it is all too typical.
  The result from this bureaucratic model of education is that we fund 
systems; we fund bureaucracies; we fund enormous overhead. In 1994, 
fewer than 50 percent of the personnel employed by U.S. public schools 
were teachers. Something is wrong with that picture. Senator Kennedy 
may say that it is tried and it is tested, but when more than 50 
percent of our education personnel are not even in the classroom, I say 
it is tried, tested, and it has failed.
  The Educational Opportunities Act pioneers a new direction for the 
Federal Government's role in education. When only 38 percent of U.S. 
public school teachers majored in an academic subject in college and 
only one in five teachers feels well prepared to teach to high academic 
standards, my colleagues, I say we need a new approach to professional 
development and teacher empowerment. The Educational Opportunities Act 
gives us that new approach.
  The New York Times ran a headline in its January 18, 1999, edition. 
It read: ``Clinton to Urge More U.S. Control on Aid to Schools.''
  Colleagues, more control is not what is needed. Better student 
performance--better results--is what is needed.
  The Educational Opportunities Act includes four initiatives that 
promote student achievement. These provisions focus on students rather 
than school systems. They require results and student performance, help 
develop teachers of excellence, and promote choice and flexibility. 
These four initiatives are: Straight A's, Teacher Empowerment Act, 
child-centered funding, and public school choice.
  The Straight A's provision is the heartbeat of this bill. In short, 
it allows up to 15 States to execute a 5-year performance agreement 
with the Secretary. States then have the option to consolidate any of 
their formula grant programs, including the huge title I program, and 
merge those funds with State and local dollars.
  The 15-State demonstration project would allow States to use Federal 
dollars for any educational purpose permitted under State law. In 
return for this broad new flexibility, participating States will be 
held accountable for improving student performance and narrowing the 
gap between advantaged and disadvantaged students. States will be 
rewarded with bonus funds for successfully reducing this achievement 
gap. By the way, no State is required to leave the current funding 
system; but the 15 lucky States--the 15 wise States--accepted into the 
demonstration program may consolidate funding from any or all of 12 
different ESEA programs.
  The idea is to let States mingle the dollars from these several 
programs and spend the money on whatever their students need most--new 
tests, tutors, reading programs, bricks and mortar, computers, whatever 
is deemed most needed. States that prefer to keep their

[[Page 6216]]

Federal dollars in redtape-wrapped categorical packages may, of course, 
be free to do so.
  Straight A's will work because it is based on a solid premise: 
Accountability plus freedom equals academic achievement. Instead of 
filling out form Y to get grant X, Straight A's would only require that 
States boost academic performance and narrow the learning gap.
  After 34 years and $118 billion, with no reduction in the achievement 
gap between advantaged and disadvantaged students, it is time to say: 
Enough.
  Kentucky Democratic Governor Paul Patton expressed the Straight A's 
concept well when he told the L.A. Times recently: ``We need the 
Federal Government as a limited partner and us as the general 
partner.''
  Straight A's respects the tenth amendment and allows Uncle Sam to put 
fuel in the gas tank while leaving the States in the driver's seat.
  Straight A's will reduce overhead and transaction costs for dozens of 
separate fussy programs enabling more resources to go to direct 
services to students.
  The old Federal approach to education has failed. It is time to give 
the States the opportunity to act as charter schools and option out of 
burdensome Federal regulations in return for unprecedented levels of 
accountability for student achievement.
  Under the current model, accountability means this: Did you fill the 
forms out correctly? Did you cross your ``t's'' and dot your ``i's''? 
Under the Educational Opportunities Act model, accountability relates 
only to student performance.
  The theory of Straight A's was clearly articulated by Democratic 
California Governor Gray Davis on the ``Meet the Press'' program in 
February. He said, ``So if you say to the States, `we will hold you 
accountable. You just improve student performance and we will give you 
the money,' that will give all the Governors the flexibility to get the 
job done.''
  While there has long been lipservice to goals, standards and 
accountability associated with Federal programs, the reality has been 
that the question we focused on was: Are you spending the money in the 
prescribed way? Under the new approach, the question is, and must be, 
Are the kids learning? If academic achievement rises, particularly for 
low-income children, why should Washington care whether the dollars 
that produced the desirable result were spent on smaller classes or 
larger classes, on computers or textbooks, on tutoring programs or 
staff development? The important thing is that those children are 
making academic progress. The gap is narrowing.
  Under Straight A's, Washington assumes the role of shareholder, not 
CEO of the Nation's education enterprise.
  I have talked about--and I will talk about it later this week--the 
example of one of the school districts I visited in Arkansas which has 
about a 95-percent minority population. As I toured the school, the sad 
thing was the building was dilapidated, with paint peeling off of the 
walls. I will show pictures later this week. The ceiling was collapsing 
and it had big waterstains where it flooded. I thought, these poor 
children have to be educated in such an environment. Then I walked into 
a room which was full of state-of-the-art Nautilus equipment--
treadmills and all kinds of gymnastic equipment. I said to the 
principal: Sir, how did you get the money to do this? He mentioned a 
particular grant program. I have since investigated, and they received 
$239,000 to buy treadmills and Nautilus equipment. That may be nice for 
the community, but the principal told me he would like to have 
improved, renovated, and made that school building into an atmosphere 
in which the children could better learn.
  Under our bill, they will have the flexibility to take Federal 
dollars and use them where they--and they alone--know it is most needed 
and not what Washington says in some prescribed formula grant where the 
money has to be spent.
  The second important provision in this bill is the Teacher 
Empowerment Act. This initiative is included in title II and provides 
maximum flexibility to States and to local education authorities to 
develop high-quality professional development programs by consolidating 
funds from the Eisenhower Teacher Professional Development Program and 
the Class Size Reduction Program. As a result, the bill provides more 
than $2 billion annually over 5 years by consolidating these two 
programs into one flexible funding stream.
  Under the Teacher Empowerment Act, States and local governments would 
be encouraged to fund innovative programs to promote teacher testing, 
tenure reform, merit-based teacher performance systems, alternative 
routes to teacher certification, of which Senator Collins was speaking, 
and differential and bonus pay for teachers in high-need subject areas, 
teacher mentoring and in-service teacher academies.
  Local school districts could use this money to hire new teachers to 
reduce class size or hire special education teachers. They would have 
the option of issuing teacher opportunity payments directly to teachers 
to use toward a high-quality professional development program of their 
own choice. If a local school district fails to improve teacher 
quality, they are required to offer teacher opportunity payments 
directly to teachers, if they are failing to improve the professional 
quality of their staff.
  In consolidating these two programs, we provide more money for 
teacher professional development. In my home State of Arkansas, the 
combined fiscal year 2000 allocation for both programs is $14,970,900. 
The estimated fiscal year 2001 allocation will be $16,337,800, an 
increase of over $1.3 million. Under this bill, every school district 
in Arkansas will be authorized to receive additional money for teacher 
professional development. For example, the Jonesboro School District in 
northeast Arkansas currently receives about $169,000, and they will be 
authorized to receive $186,000, an increase of almost $17,000, for 
professional development. In Texarkana, the increase amounts to an 
additional $24,000. The Fort Smith School District will see a $36,800 
increase. The teachers of the Little Rock School District will have 
$82,000 more for professional development activities under our program.
  One of the other key changes made in the Educational Opportunities 
Act is to shift the child-centered funding. We do this through a title 
I portability demonstration program. Under this initiative, interested 
States and school districts are allowed to use their title I dollars to 
establish a per pupil amount for each eligible child, which would then 
follow the child to the school they attend. The per pupil amount would 
be used to provide title I's supplemental educational--``add on''--
services directly to eligible children. Eligible students will be able 
to use their per pupil amount for ``add on'' services at a public 
school (including charter schools) or a tutorial assistance provider. 
This funding is available for children between ages 5 and 17 whose 
family income is below the poverty line. A State may choose to expand 
eligibility to any educationally or economically disadvantaged child in 
preschool through high school. (These eligibility requirements are 
consistent with title I.)
  Each State participating in a portability program is required to 
operate a full public school choice program to ensure that low income 
families have maximum flexibility as to where their child receives 
title I services.
  States operating a ``child-centered'' program would continue to 
receive their title I formula allocation as well as a new allocation 
authorized in this program. The new allocation coupled with the States' 
formula dollars will permit States to serve all of their title I 
eligible children. Only two-thirds of title I children are served by 
the program.
  That is very important. Currently, only two-thirds of title I 
children are served by the title I program. Under our program all 
disadvantaged children are going to receive the educational 
opportunities they deserve.
  States and school districts would be required to establish specific 
goals for improving the academic performance of eligible children and a 
system to measure progress to ensure that student performance is 
improving. States

[[Page 6217]]

would be required to annually submit student performance data, 
disaggregated by race, family income, gender, and limited English 
proficiency, to the Secretary. The accountability system is similar to 
the strong accountability provisions in both the Teacher Empowerment 
Act and Straight A's.
  GAO would be required to evaluate the program's effects on student 
achievement and parental satisfaction.
  We must cease to think of title I education programs as investments 
in programs or populations, and begin to view them as ``student-based, 
portable entitlements for individual children.''
  One of the experts I have often turned to for advice on the 
appropriate Federal role in education is the Arizona Superintendent of 
Public Instruction, Lisa Graham Keegan, one of the leading education 
reformers in the Nation. In endorsing the concept of portability, this 
is what she said:

       Presently, there is no guarantee that a poor child will 
     necessarily receive any benefit from the Title I funds he or 
     she generates for a school district, regardless of how needy 
     that child might be. What I am required by law to do is to 
     distribute this money to central offices of school districts, 
     which are then under no legal obligation to spend the money 
     on particular children. They simply provide the services they 
     want to provide in the schools they wish to provide them in, 
     which many benefit some disadvantaged children, but not all 
     of them. Putting it bluntly, Title I is an entitlement for 
     bureaucracy, not an entitlement for a child.

  This bill changes that. It makes title I something aimed directly at 
the child--strapping it to that child's back under this portability 
demonstration as opposed to funding systems and bureaucracies.
  Portability is already standard practice in federal higher education 
policy, where an historic choice was made in 1972: students rather than 
colleges became the main recipients of federal aid. A low-income 
college student establishes his own eligibility for a Pell grant, or 
Stafford loan, etc., and then carries it with him to the college of his 
choice. That might mean Stanford or Michigan State, Assumption College, 
or the Acme Truck Driving School. The institution only gets its hands 
on the cash if it succeeds in attracting and retaining that student.
  The same thing could be done with federal education programs meant to 
aid needy elementary and secondary students. The big title I program, 
for example, spends almost $8 billion annually to provide 
``compensatory'' education to some 6.5 million low-income youngsters. 
That's about $1,250 apiece. What if that money went straight to those 
families to purchase their compensatory education wherever they like. 
To be sure, title I would turn into millions of mini-scholarships, like 
Pell grants.
  In addition to Straight A's, the Teacher Empowerment Act, and child-
centered funding, the Educational Opportunities Act also includes an 
important provision for children trapped in failing schools.
  Listen to the statistics: Over 5,000 title I schools have been 
identified as ``failing'' schools for over 2 years; over 1,000 for at 
least 4 years; and over 100 for over 10 years.
  And yet, we continue to subsidize this failure by keeping the stream 
of title I funding flowing to these substandard schools. In this bill 
we have a public school choice provision that seeks to remedy this 
problem.
  Under the ``choice for failing schools proposal,'' once a school has 
been identified as failing, they have 2 years to improve. If after 2 
years, the school has failed to improve student performance, the school 
district would be required to use the school's title I allotment to 
allow children in the failed school to attend another higher performing 
public school. This proposal has the dual effect of terminating federal 
funds to schools that consistently failed to show any signs of 
improvement while simultaneously providing the option to low-income 
parents to take their children out of a failing school and put them in 
a better school.
  No child should be permanently consigned to a sub-par school. No 
child should be trapped in a failing school. This bill begins to show a 
way out.
  Another important provision in this bill addresses the needs of 
small, rural school districts that receive small amounts of formula 
funds and are not able to compete effectively for competitive grants. 
This program is based on the Rural School Initiative introduced last 
year by Senator Collins of Maine, which I cosponsored.
  This initiative has two parts. The first provision allows small, 
rural school districts with under 600 students to combine the funds 
from three current formula grant programs: title II--the Teacher 
Empowerment Act, title IV--Safe and Drug-Free Schools, and title VI--
the Innovative Education Strategies grant. Small school districts often 
receive such small amounts under these separate funding streams that 
they cannot effectively use the funds. This initiative allows them to 
combine the funds to develop an effective program to improve student 
achievement.
  The second provision authorizes supplementary grants to small, rural 
school districts that forgo eligibility to participate in competitive 
grant programs. A participating district receives a minimum total of 
$20,000 and a maximum of $60,000 from the existing formula programs 
plus the supplementary grant.
  This new initiative solves two problems. It recognizes that formula 
grants to schools are often too small to implement any real changes, 
and it recognizes the limited resources of small districts and the 
enormous amount of paperwork that are required by applying for 
competitive grants. Small school districts often lack grant writers and 
the expertise and time needed to apply for competitive grants. I know 
in my home state of Arkansas that one school district had to take two 
teachers out of the classroom for an entire week just to fill out the 
required paperwork to apply for a federal competitive grant. We need 
teachers in our classrooms, not filling out paperwork.
  This initiative will have a great impact on my home state; 111 of the 
311 total school districts in Arkansas will be eligible to participate 
in this initiative, and every educator that I have spoken with about 
this has been supportive of this initiative.
  Every educator I have spoken to in Arkansas about this initiative has 
been supportive.
  Although the United States spends $664 billion annually--more than 8 
percent of its gross domestic product, GDP--on education, nearly 60 
percent of our low-income 4th graders, and 40 percent of all 4th 
graders, cannot read at a basic level. On recent international tests of 
math and science, our high school seniors ranked near the bottom of 
industrialized nations; in mathematics, only Cyprus and South Africa 
fared worse.
  Our children deserve better. The current system, the top-down 
bureaucratic restrictive model has failed American students--tried, 
tested, and failed.
  Today, one-third of all college freshmen enroll in at least one 
remedial class before attempting college-level course work.
  Listen to the words of former Education Secretary Bill Bennett: ``We 
have not yet begun to look at performance or accountability in the 
spending of federal dollars. Of 60 plus programs authorized under ESEA, 
not one rewards school districts or states for doing well. Not one 
inflicts meaningful punishment on schools that do badly. For the 
results of such policies, one need only look at the performance of our 
disadvantaged students. Forty percent of inner-city students cannot 
read by the fourth grade. And 77 percent of low-income fourth-graders 
in urban high-poverty schools are reading below basic reading levels.
  I read this morning in the CongressDaily that Democrats were 
considering offering a whole host of extraneous amendments. I hope that 
is not the case--everything from guns to campaign finance reform. Those 
proposals are worthy of debate but nothing should distract this Chamber 
from what is first and foremost on the minds of the American people--
the education of our children.
  I hope those who might consider such a stalling tactic or those who 
seek to

[[Page 6218]]

move this debate and shift this debate from student performance, 
student achievement, and improving our schools will reconsider and 
realize this bill not only deserves debate--the differences will be 
clear between the two sides--but this bill deserves a vote. As the 
debate moves forward and the American people express themselves, the 
Educational Opportunities Act deserves to be passed by this Chamber and 
sent to the President.
  What we have done for 34 years under the Elementary and Secondary 
Education Act has demonstrably failed. Senator Kennedy said it is tried 
and tested. It was tried and tested and it has failed the test. It is 
time we change.
  I yield the floor.
  Mr. JEFFORDS. I thank the Senator from Arkansas for a well prepared 
and excellent statement.
  Mr. WELLSTONE. I ask my colleague from Vermont whether or not after 
the Senator from New Mexico speaks he could be followed by the Senator 
from Tennessee, and I follow the Senator from Tennessee.
  Mr. JEFFORDS. That is the order in my mind.
  Mr. WELLSTONE. I ask unanimous consent that following the Senator 
from New Mexico, the Senator from Tennessee proceed and I follow the 
Senator from Tennessee.
  Mr. REED. Reserving the right to object, in arranging the speaking 
order, is it possible to request to be recognized under the unanimous 
consent request?
  Mr. JEFFORDS. I was alternating back and forth. We have not set time 
limits, but I urge people to keep it within 15 minutes. Nobody has yet.
  Mr. WELLSTONE. I ask unanimous consent that following the Senator 
from New Mexico, the Senator from Tennessee speak, I follow the Senator 
from Tennessee, and then the Senator from Rhode Island speak unless 
there is a Republican, and then we go back and forth, and then the 
Senator from Rhode Island will speak.
  Mr. JEFFORDS. Let's proceed the way we have been proceeding. It will 
be Senators Bingaman, Frist, the Senator from Minnesota, and I will be 
very accommodating to my good friend from Rhode Island.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from New Mexico is recognized.
  Mr. BINGAMAN. Madam President, I come to the floor today somewhat 
uneasy and conflicted about this debate. I am hopeful, on the one hand, 
that we in the Senate can come together to provide national leadership 
by legislating what research has proven actually works in improving 
student performance. On the other hand, I stand having witnessed people 
from both sides of the aisle devoting a tremendous amount of time 
during the last year trying to figure out how to help all of the 
children of this country make it in today's knowledge-based economy.
  I am somewhat dismayed that the bill we finally arrived at the floor 
with is not the consensus legislation we were working to achieve. 
Unfortunately, our efforts to achieve a consensus piece of legislation 
have not succeeded. We have a bill before the Senate today which is 
decidedly partisan. I hope that can be changed during the course of 
this Senate debate.
  We need to examine this bill carefully because it is very important 
and not easy to comprehend. The bill gives Governors, who choose to 
exercise it, control of Federal education dollars and it would abandon 
the well-cultivated partnership and the powerful national leadership 
role that has been developed over several years.
  On the surface, we see it is a very large bill. I am sure several 
people have held it up. It is similar to a lot of bills, almost 
incomprehensible in its length. It goes on for nearly 1,000 pages. It 
seems to be, on first reading, chock full of different programs for 
promising ideas such as Safe and Drug Free Schools, education 
technology, afterschool programs, even a rural education initiative.
  It is the kind of assistance that individual schools and localities 
in New Mexico tell me they would like and need but they do not have the 
capacity or the resources to pursue on their own. All of my fellow 
committee members who worked on this legislation in committee know full 
well that no matter how well we collaborate on the underlying targeted 
programs, the two Straight A's block grants that were layered on top of 
the other language at the ninth hour of our deliberations make a lot of 
the distinctions in the bill and a lot of the programs described in the 
bill virtually meaningless in those States that opt to pursue that 
block grant.
  The Straight A's proposal at the heart of the bill sounds catchy. 
However, in my view, it is an empty promise. What does it do? I think 
we need to step back and ask: What do we mean by the Straight A's 
proposal? Essentially, it allows every State to spend Federal funds as 
they wish for 5 years without input from school districts or educators, 
without accountability for increased school performance. Those who 
favor the block grants say they are good because they allow for more 
local control. In the case of Straight A's, this is factually incorrect 
and ironic because a school district or a school actually will lose 
control because the control is vested with the Governor to set the 
priorities for spending within the State.
  This chart demonstrates that 95.5 percent of the Federal funds for 
education go to local schools and local districts. State administration 
takes 4 percent and the Federal administration takes one-half of 1 
percent. The rest, over 95 percent, goes to the local schools.
  Under the Straight A's proposal, a Governor who chooses to do so can 
change that. The discretion as to how that money is spent is no longer 
a Federal and a local issue; it becomes a State issue.
  I think this would be a problem for my State of New Mexico. I know of 
programs I very much want to see continued. I have trouble seeing how 
they will be continued under this proposal. I have a list that details 
some of the programs, and I will go through specific amounts.
  In contrast to this Straight A's State block grant proposal, which is 
in the bill we are now considering, the alternative, which we have 
prepared and we are going to offer on the Democratic side, is not just 
to throw large sums of money to the States but, instead, to target 
Federal dollars to the communities with the greatest need and to give 
them true local control by leaving it to them and not the Governor or 
Secretary of Education to decide how to set up programs to meet those 
needs we have identified in those local communities.
  Let me remind you, it was exactly because the States and the 
localities were not effectively addressing the needs of students in 
disadvantaged areas that the Federal Government first stepped in to 
provide targeted aid through the Elementary and Secondary Education Act 
of 1965. And, in subsequent Federal programs, we have followed this 
same principle. We have focused on areas of national priority, areas 
such as education technology and improving professionalism in the 
classroom. These are areas that otherwise would not be funded because 
of limited resources and that historically have not been funded at 
adequate levels.
  Let me show one other chart that I think makes this point. When you 
look at Federal funds, Federal funds are significantly more targeted to 
low-income children than are State funds. I think no one disputes this. 
This is a General Accounting Office study in January 1998. It says:

       For every dollar provided for all children, $4.73 is given 
     from Federal funds to low-income children, whereas 62 cents 
     of local money actually goes to low-income children.

  So the Federal Government got into the business of providing 
assistance to education in order to deal with deficiencies which 
clearly existed nationwide and to deal with inadequacies that were 
clearly agreed upon. This is what we are getting away from if we wind 
up adopting the bill which has been presented to us on the floor today.
  The Straight A's proposal not only does nothing to ensure the most 
needy

[[Page 6219]]

children are protected; it allows Federal dollars to flow out of the 
public school system in the form of vouchers to private schools. I know 
that is another debate, but unfortunately it has been brought into this 
debate about this Elementary and Secondary Education Act. Incorporated 
into this is authority for a State to take its Federal funds and 
disburse those in a voucher program to the nonpublic schools as well as 
the public schools. I think that would be a mistake. I think it would 
be a mistake in my State. We are short of resources. The Federal funds 
that come in to help the public schools in New Mexico are very 
important to those public schools and we do not want to see those funds 
decreased by virtue of some voucher program, which our Governor today, 
in all due respect, strongly favors. It has been a major subject of 
dispute in my State between the Governor and a majority of our 
legislature.
  Another feature the proponents of the block grant approach in this 
bill often talk about is providing greater accountability. In the case 
of this Straight A's proposal, the only accountability you will find is 
that States which fail to make progress will lose a year of 
eligibility. It is similar to benching your star player for one 
semester for flunking a class but bringing him back once he gets his 
average back up to a D. That is an analogous situation. There is no 
real accountability in the bill as it comes before us.
  Under S. 2, as it now stands, at the extreme--and I don't think this 
will be done, but clearly there have been examples in the past when we 
had block grants permitted--you could have States deciding to use 
Federal dollars to buy swimming pools, to recarpet offices. The State 
could choose maintaining the status quo as its goal over the 5 years.
  A less malevolent picture, and one that probably is more likely, is 
that a Governor would receive pressure from a handful of constituent 
groups to persuade him or her to pour all of the block-granted Federal 
funds into something such as an intensive literacy program or a voucher 
program to send kids to private schools. This will sound good, but the 
problem is you will find it means there are no longer funds for migrant 
and homeless children to receive targeted aid; there is no longer money 
to provide for professional development for teachers so in some 
classrooms the computer can be used effectively; there is no longer 
money for afterschool programs; no longer money to hire new teachers. 
At the end of the day, as long as the wealthier and higher performing 
schools in the State can do well enough to offset stagnation or even 
decline in progress at the poorer and lower performing schools, then 
the Governor would be able to claim he has done his job under the 
Straight A's proposal.
  If he did not do the job, if the goal was not met, then no matter; he 
would probably be out of office at any rate before the 5-year 
experiment was over. If he is not, the only consequence is that he 
simply would go back to the status quo we have today. So this Straight 
A's proposal contains no significant accountability.
  I have an amendment I intend to offer on the issue of accountability. 
It will try to correct this. It does so by putting some key provisions 
in the legislation that would provide resources to States for turning 
around those schools that are failing. It would demand results of all 
students so as to eradicate existing achievement gaps between minority 
and nonminority students, between poor and non-poor students, between 
English-speaking students and those who do not speak English as a first 
language.
  It would provide significant consequences for poor performance, so 
States and districts have to take responsibility for actually 
correcting the deficiencies in the failing schools. It would require a 
single system of accountability for all schools in the State and would 
limit the availability of flexibility options when a system of 
accountability is not yet in place.
  The amendment also would ensure that every class would have a 
qualified teacher. It would do that by requiring States which receive 
Federal funds to make that a priority, to ensure that resources are 
provided and school plans incorporate high-quality, research-based 
professional development for their instructional staff.
  There will be a chance to debate this particular accountability 
amendment as we go forward. I hope very much it can be adopted. It 
would correct many of the deficiencies in the legislation on which I am 
focused today. But, in addition, as we debate this education bill, I 
intend to bring attention to some other elements that I do not think 
are adequately addressed in the bill. I want to remind the Senate of 
the importance of teacher training in technology. It simply is not good 
enough that only 20 percent of current teachers are comfortable 
integrating technology into the subjects they teach or that we 
currently invest less than a third of what the experts tell us we 
should spend on technology training for people going into teaching. We 
need to deal with that. I will be offering an amendment to do that.
  Also, in response to concerns from school districts, and also a 
General Accounting Office study that demonstrates there is still a high 
level of paperwork burden on schools and districts from States and from 
environmental and nutritional regulations, I urge a close examination. 
I have an amendment to do so, to urge a close examination of all of 
those requirements to try to determine how we can achieve those goals 
without unduly burdening the schools.
  Today and throughout the discussion of this bill this week, and I 
believe next week as well, I intend to propose some amendments. I hope 
the Senate will think hard about what it is doing here. This is 
extremely important legislation.
  I acknowledge there are some philosophical differences on the 
appropriate Federal role in public education. I must call attention to 
the great shift in attitudes in the Senate since I came here 18 years 
ago on the proper role of the Federal Government in education. I am 
very heartened that we are here today with all sides of the debate 
arguing in favor of a major Federal role and disagreeing about what it 
should be. I can remember many other debates on the Senate floor where 
the argument was that the Federal Government should get out of the 
education field, that we should disband the Department of Education, we 
should, essentially, shift those funds over to the Department of 
Defense and be done with it. So we have made progress in our debate in 
the Senate. But we clearly have not made enough or we would not have 
this Straight A's proposal in front of us today.
  Today the Federal Government's contribution to education spending is 
roughly 7 cents on the dollar. Yet through an understanding that there 
is, indeed, a national priority, in the 35 years of the partnership 
there have been significant improvements. That 7 cents on the dollar 
has been focused on needs we all agreed needed attention. I believe we 
can strengthen those programs that work, we can reform those that do 
not work, and there are some which are not working as well as they 
should. But we need to keep our eye on the ball and continue to target 
the Federal funds, the scarce Federal dollars that we have to put into 
education, on the students and the schools that need them the most.
  We need to rise to the occasion. We need to enact a bill that will 
help further the goals of education. We need to come together in the 
Senate and not let partisan differences and the upcoming election 
divide us in this very important set of issues.
  There is no more important legislation that will come before Congress 
this year. I hope very much we can come together on some reasonable 
changes in this bill so it becomes acceptable and we can send it to the 
President in a form he will sign.
  I want to mention several more items. In my home State of New Mexico, 
we receive over $1 million for migrant education, we receive $10.4 
million targeted for class-size reduction, we receive $2.5 million for 
professional development, and we receive nearly $3.5 million for the 
technology literacy challenge fund. Those are important

[[Page 6220]]

programs. Those are programs upon which the school districts in my 
State have come to depend. I do not want to see the funds for those 
programs eliminated. I do not want to see a blank check go to the State 
with discretion vested in the Governor to either continue or 
discontinue those programs as he sees fit.
  I believe it is important we amend this bill in significant ways. I 
will be joining with my colleagues in offering some of those 
amendments. I hope very much they will be adopted.
  I yield the floor.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Tennessee is now recognized.
  Mr. FRIST. Madam President, it is a great opportunity we have as we 
debate over the next several days the Elementary and Secondary 
Education Act which makes fundamental improvements to education 
programs that are long in need of such reform.
  Declining student performance, especially as we compare the 
performance of our students in public schools to the performance of 
students internationally, simply demands a new response. Our students 
deserve better. It is time to change our Federal education programs to 
ensure that school districts, schools, States, and parents have the 
tools they need to provide a high-quality education for all children.
  As we look back over the last 30 or 40 years, there have been waves 
of education reform, but each of these waves seems to have been washed 
away as shifting sand, leaving little trace of permanent improvement in 
public education in this country. Even as funding has increased over 
time, performance has fallen, as we compare our students 
internationally, leaving teachers and parents to wonder if anything can 
be done to reclaim those years of lost potential.
  There is, however, a new movement of education reform sweeping the 
United States of America. Because of it, we have a unique opportunity 
to significantly and permanently improve education in this country. We 
have the opportunity to see to it that every child in every public 
school in America is, indeed, challenged by standards as high as those 
hopes and those promises of his or her parents, and it is an 
opportunity we cannot and should not waste.
  We must face today that schools that do not educate, schools that do 
not teach, and will not change must in the future be held accountable. 
The diminished hopes of America's children as a result of our 
deteriorating public education--again most notable as we compare our 
schools and the performance of our students internationally--are sad 
and serious, and no longer can we ignore these diminished hopes.
  We have an opportunity to and we must raise the academic ambition of 
every school. There are practical things we can do, such as lifting the 
burden of Federal bureaucracy by giving each school the opportunity, 
the flexibility, to change, all along demanding they be held 
accountable to high standards.
  Mired in bureaucratic mediocrity, Government today has become almost 
an obstacle, a barrier, not an ally, and it is time for us in 
Washington to acknowledge that the Federal role in education is not 
just to serve the system but to actually serve the child.
  Yes, Washington must realize that no longer can we attempt to 
micromanage the day-to-day activities in our schools. We in Washington 
must realize and must be wise enough to recognize that schools require 
more flexibility; they require more innovation; they require more 
freedom to be innovative. Washington must be strong enough to insist on 
improving performance in return for this flexibility.
  All of us know the tremendous change that is occurring in the 21st 
century. We see it around us each and every day, and amidst this change 
we all know deep inside that the future is ultimately decided by how 
much our kids learn. Education is the key that will unlock the future 
for our children, and that positive, strong education, that 
preparation, must begin in those earliest years--kindergarten, 8th 
grade, 12th grade. Only successful learning will truly equip our 
children for this changing world, and it is time--and we do it in this 
bill--we begin to think boldly about this vision for education.
  We need to ask the questions: What doors will we open for our 
children? What pictures are we going to paint for their future? Will we 
increase their capacity to learn and to explore or are we going to go 
back and continue to create and enforce barriers that have only failed 
us in the past, that are holding them back as our international 
counterparts continue to learn and pass them by?
  Education is, as we will hear again and again, the most important 
gift we can give our children, but the foundation for all lifetime 
learning is established in these early years of K-12, where we are--and 
we must admit it--where we are today failing. More of the same is 
simply not the answer.
  We have a choice: We can either turn a blind eye to the problems of 
education today and say, well, let's just add another Federal program, 
or let's accept mediocrity, or let's ignore accountability, or we can 
do what is bold, what is built into this underlying bill, and that is, 
give schools the flexibility to be innovative, give States the freedom 
to regulate, and give parents, who care the most about their children, 
the right to choose what is best for their children.
  We have to admit it is going to take a lot more than the power of 
Washington to fix education in this country. We need the power of 
people at the local level--the parents, the teachers, the principals, 
the school superintendents--to help us discover and apply what works. 
Once they do, we must give them the freedom to apply what they learn.
  I mentioned accountability. How can we get schools which are failing 
our children, not educating our children, to change, to improve? Yes, 
by giving them the resources they need, but also holding them 
accountable for their failure. Schools that succeed in educating 
children should be rewarded. Schools that fail again and again must be 
held accountable. We know that rewarding failure only produces more 
failure, condemning our children to a whole lifetime of low 
expectations. The issue is about excellence.
  Today every child does have access to a public school, but not every 
one of those schools provides an adequate or quality education.
  The issue of student performance: If we look at where we are today 
and just face the facts, it is absolutely critical that we recognize we 
are not doing as well as our children deserve.
  In America, 12th graders today rank not 1st, not 5th, not 10th, not 
15th, but 19th out of 21 industrialized countries in math achievement.
  In the field of science, we are not 1st, or 5th, or 10th, or 15th, 
but we are 16th out of 21 nations.
  If we look in the field of advanced physics, our students rank dead 
last.
  Since 1983:
  Over 10 million students have reached the 12th grade without learning 
to read at a basic level;
  Over 20 million students have reached their senior year unable to do 
basic math;
  Almost 25 million students have reached the 12th grade not knowing 
the essentials of U.S. history; and
  Over 6 million Americans have dropped out of high school altogether.
  S. 2, the bill we are debating this week, the Educational 
Opportunities Act, gives new opportunity, new promises.
  We hear again and again of the importance of local control, where 
parents know their children's needs the best, where teachers know the 
names of the students, rather than making these micromanaged, heavily 
regulated decisions here in Washington, DC.
  It is simply time for us to recognize we should stop feeding the 
bureaucracy here in Washington and start funding the classroom, start 
funding the student. This is about sending the money where it will do 
the most good.
  Simply put, in Washington too many education dollars are wasted on 
administration and bureaucracy and redtape while too few of those 
dollars ever reach the people they are intended to help--the students.

[[Page 6221]]

  Can Federal education dollars be spent more efficiently and more 
intelligently than they are today? Yes. How? First, we can stop wasting 
them in Washington. Today, the dollars actually travel from the 
taxpayer up through our system, and then they filter back down through 
about 760 separate Federal education programs, each overlapping the 
other, run by 40 different Federal bureaucracies.
  We can start sending those same dollars, as they travel up through 
the system, back to the local level, back to the classroom, back to the 
communities where parents and teachers and principals can identify 
their children's needs. What is right for rural Tennessee simply may 
not be what is right for schools in the Bronx. We need to let the local 
schools, the local communities, decide, not Washington.
  Today, about half of the personnel employed by our U.S. public school 
system are not teachers but administrators hired to keep up with the 
Federal rules and the regulations. What we need is simplification of 
these regulations, a streamlining, a more efficient use of those 
Federal education dollars.
  I have said that no one cares more about children than their parents. 
You will hear, as this debate unfolds, that the bill, S. 2, is biased 
toward increasing the role of parents in education today and decreasing 
the role of regulations which originate in Washington, DC.
  Yes, education is not a Federal issue; it is a family issue. 
Education is not about bureaucrats; it is about children and their 
parents and the future of those children. Parents--who have those daily 
conversations with their children, who do help their children with 
their homework, who attend regular conferences with their teachers--
produce better educated students than parents who leave the education 
of their children to bureaucrats.
  If America's schools are failing our children, parents should have 
the power to steer their children to more effective schools, to more 
effective instruction. After all, those dollars, wherever they come 
from--and, yes, most of them do originate locally, and only 6 or 7 
percent come from the Federal Government--ultimately it is the parents' 
money, it is their children and their children's future.
  Whether a child is a quick learner, or a slow learner, or a child 
with disabilities, or a child who just seems to not be able to function 
in the school that he is in, parents should have the freedom--I would 
argue they have the right--to move that child to a school where he has 
the best chance to succeed, to learn, to be prepared for his future.
  In some cases, parental choice is about schools with better 
educational opportunities; in other cases, it is literally about 
removing a child from the line of fire or away from the danger of 
drugs. The point is, parents do have the right--and they deserve the 
power, I believe--to choose what is best for their child.
  Parental choice: It is about schools. It is about parental 
involvement. It is about doing what is best for your child. It is about 
having a say in how your education tax dollars are spent.
  In closing, I do believe we have a unique opportunity to reform 
Federal education programs. S. 2, the Educational Opportunities Act, 
makes a number of key reforms to current law, with the focus on 
producing child-centered programs--not Washington-centered programs but 
child-centered programs--that are flexible, that are results oriented, 
that have strong accountability built in, and that will lead to 
improved achievement for all our students.
  The Educational Opportunities Act seeks to encourage reform rather 
than mandate particular changes at the Federal level. In this bill, no 
one is forced to do anything. The act encourages reform by allowing 
this choice. States and districts have an option either to keep exactly 
the sort of funding formulas and the categorical programs they have 
today--as they may have done over the last 35 years--or to embrace 
these new options, these new initiatives, based on local control and 
flexibility and accountability. It is these new initiatives which 
require--and must require--a high level of accountability in exchange 
for that flexibility.
  I am very excited about the debate today. We will be talking about a 
number of principles. Over the course of the week, we will be talking 
about the details of the bill. This debate is critically important. The 
bottom line is: Our children deserve better than what we are doing 
today. S. 2 addresses the reforms necessary for them to do better.
  I yield the floor.
  Mr. JEFFORDS. Madam President, the senior Senator from Minnesota is 
next. We have about seven more Senators who desire to speak. We are not 
putting any time limitation on them. I am just making Senators aware of 
that.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Minnesota is recognized.
  Mr. WELLSTONE. I thank the Chair and say to my colleague from Vermont 
I will try to stay under 3 hours.
  Madam President, I, too, think we can do better by our children. It 
pains me a little bit to say what I am about to say--not for 3 hours--
because I respect the chairman of our committee, Senator Jeffords of 
Vermont.
  Mr. DODD. Will my colleague yield before he gets into the substance 
of his remarks?
  I ask unanimous consent that at the conclusion of the remarks, I 
believe, by my colleague from Georgia, I be allowed to address the 
Senate on the subject matter for 10 minutes.
  The PRESIDING OFFICER. Is there objection?
  Mr. COVERDELL. Madam President, just as a point of clarification, I 
believe the next speaker on our side will be Senator Gregg. So if the 
Senator modifies his unanimous consent request, and it is granted, he 
will follow Senator Gregg.
  Mr. DODD. I modify my request.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Minnesota.
  Mr. WELLSTONE. Madam President, as much as I respect my colleague 
from Vermont holding up the standard that we can do better for our 
children, holding up the standard that we need somehow to renew our 
national vow of equal opportunity for every child, I do not believe 
this piece of legislation represents the change I have been hearing 
about. I do not believe S. 2 represents a great step forward for 
children in our country, especially vulnerable children. I think this 
piece of legislation, S. 2, represents not a great leap forward but a 
great leap backwards.
  I come to the floor as a Senator from Minnesota to speak against this 
legislation in its present form because I was a teacher for 20 years, a 
college teacher, before becoming a U.S. Senator. Education is my 
passion. I speak against S. 2 because I have been in a school every 2 
weeks since I was elected almost 10 years ago. I love teaching. I love 
being in schools. Today I was at a rally at the State capitol in 
Minnesota with some great students from all around Minnesota who are 
seeing cuts in their school districts, teachers being eliminated, extra 
curricular activities eliminated, larger class sizes, and course 
offerings being eliminated.
  I come to the floor to speak against this legislation because I 
believe the goodness of our country is to make sure that every child 
has the same opportunity to reach her or his full potential, and 
education is the foundation of this opportunity. This piece of 
legislation does not represent a step forward. It is turning the clock 
back 30, 40 years. That is unacceptable to me as a Senator.
  This bill is fundamentally flawed because of the programs that it 
block grants. There is a reason why we made a commitment to migrant 
education. There is a reason why we made a commitment to homeless 
children. There is a reason why we made a specific commitment with 
accountability standards to make sure that title I works for children 
who are disadvantaged and they can do better in school. There is a 
reason why these are categorical programs. There is a reason why we 
have set some standards.
  The reason is, the House of Representatives and the Senate decided

[[Page 6222]]

that we are a national community as well as States. And as a national 
community, we make a commitment in the House and the Senate that no 
child, no matter how poor or how vulnerable, no matter the son or 
daughter of migrant farm workers or a child who is homeless or a child 
who is living in an inner-city or rural neighborhood that is poor, it 
makes no difference; those children will also receive assistance. There 
will be standards. That is a national decision because we are a 
national community. This piece of legislation throws that out.
  Some of my colleagues come to the floor and say: We are for change. 
What kind of change?
  Pretitle I, to give but one example, we had the example of school 
districts using this money to purchase football uniforms, band 
uniforms, swimming pools, and all of the rest. That is why we decided 
we were not going to block grant this money. That is why we decided we 
were going to make sure the title I money went for the children who 
needed the help.
  I had hoped we would not have this crude block grant program that 
turns the clock back 30 years plus. I thought we would start out with a 
bipartisan bill. That is not the direction we have gone.
  This turns the clock back. This basically says, if you are a child of 
a mother who is homeless and your mother doesn't have much clout, if 
you are the child of migrant farm workers and they don't have much 
political power, or you are the child of parents who are poor and they 
don't have much clout, it doesn't matter what the State you are living 
in decides to do. The Governors are free to spend the money however 
they want. That is what this legislation says in its present form.
  That is not a step forward. That is a step backward. That is a step 
backward from the national commitment we have made as the House of 
Representatives and Senate, that all the children in this country, 
including vulnerable children, will have a chance to do well.
  I have heard my colleagues say: I hope we get into some real debate; 
I will be pleased to yield for a question any time. Well, we need to do 
this because we have had 30 or 40 years of these programs, going back 
to the Elementary and Secondary Education Act of 1965. Look at the 
statistics. We haven't seen any change. There are too many children of 
color and too many poor children and too many children with limited 
English proficiency who are not doing well. Now we bring a bill to the 
floor that is going to make things much better.
  Give me a break. When I am in communities talking to students and 
parents, talking to people in schools, nobody ever comes up to me and 
says: Can we have more Ed-Flex? They don't even know what it is. Hardly 
any States have even applied for it. They don't talk to me about Ed-
Flex, Flex-Flex, flexibility.
  They say: Why doesn't the Federal Government make a commitment to 
pre-K, since most of K through 12 is us? Why don't you adequately fund 
good developmental child care so when children come to kindergarten 
they are ready to learn, and we don't have this huge learning gap where 
some children are way behind, then fall further behind, then drop out, 
then wind up in prison? Why don't you get real and invest in 
developmental child care?
  Not with this budget from this majority. And, by the way, not with 
the budget proposal from this President. We haven't made this 
commitment.
  We say we have S. 2 out here because this is for change, to make 
things better for these children. If we want to make things better for 
the children, why don't we fully fund the IDEA program so that our 
school districts don't have to fill in the void? Let's fully fund it. 
Let's get real about the actual investment of dollars. Why do we not 
fully fund the title I program? We are funding title I at about a 30-
percent level.
  When I am in St. Paul or Minneapolis, to use two cities in my State--
and I could talk about other communities--I don't have parents and 
teachers and others rushing up to me saying: We need more Ed-Flex.
  They say to me: After you get to the schools that don't have at least 
65 percent of the students poor, those schools get no funding at all 
because we have run out of title I funding for children who come from 
backgrounds of difficult circumstances, come to school ill-prepared, 
are behind, need additional help. We fund this program at the 30-
percent level, to the point where at the schools in our cities in my 
State, if they don't have at least a 65-percent low-income student 
population, they don't receive any funding.
  When I talk to people in Minnesota, they ask me: Can we get the best 
teachers? What does this legislation do about getting the best teachers 
into teaching? Can we figure out creative ways of having more parental 
involvement? Can we have smaller class size? Can we focus on good 
professional development for teachers? Maybe the money could be used 
for the Eisenhower programs for math and science, but we eliminate the 
program. The Eisenhower Program has been a huge success. In fact, I 
would like to do more of it. I would like to have money designated for 
professional development. The original National Defense Education Act 
had those summer institutes for teachers, and they were great. Teachers 
loved getting together. They loved comparing notes. They revitalized 
one another with new approaches to teaching, new pedagogy, new 
substantive matter. It was great.
  I hear about that. In Minnesota, I also hear about--and I know it is 
true in every State--decaying infrastructure, crumbling schools. The 
argument is, can we figure out a way of having more dollars to rebuild 
our schools? S. 2 doesn't speak to any of these issues.
  I wish to make a couple of other points. One of them is that I have 
heard colleagues talk about flexibility, and this is, I will admit, 
more a State issue. I don't know quite how we leverage it at the 
Federal level. But Jonathan Kozol has done a wonderful work called 
``Amazing Grace: The Lives of Children and the Conscience of a 
Nation''--and he has written another book and he sent me some data from 
New York--which says the difference between what New York City spends 
per pupil is about $8,000 per year per pupil and the suburbs range from 
$16,000 to $23,000 to $24,000 a year--two and three times as much. 
Jonathan Kozol's earlier book was called ``Savage Inequalities.''
  So we do not, in this piece of legislation, make sure we live up to 
our commitment that there should be equal opportunity for every child 
and that we should do all we can to make sure poor children and 
vulnerable children have those opportunities.
  We do precious little to deal with the savage inequalities about 
which Kozol talks. We have been shameful in our lack of investment, and 
I know the Senator from Vermont is all for this; he has been an 
outspoken proponent for this. But in our shameful lack of investment in 
early childhood development, we don't fully fund the IDEA program, 
Children With Disabilities, and we don't come close to fully funding 
the title I program. In addition, this piece of legislation shows no 
strong, unequivocal, positive commitment to how we get the great 
teachers into our schools, how we reduce the class size, how we invest 
in crumbling schools, how we make sure parents are involved, how we 
deal with the digital divide, how we make sure schools have adequate 
resources, how we make sure children do well before they go to school 
and when they go home. It is just not here.
  So this piece of legislation is lacking in two fundamental respects: 
A, it is not a great step forward; it is a great leap backward. It 
turns the clock back from a commitment to vulnerable, poor children in 
America. I will oppose it with all my might for that reason, with its 
block grant. B, it doesn't, in the affirmative, authorize or talk about 
the kind of investment or funding in the decisive areas that would be 
so important to change so that we could do even better as a nation.
  Madam President, I wanted to mention a couple of amendments that I 
have, and then I want to make a plea to the majority leader--not to the 
chair of the Health, Education, Labor, and Pensions Committee.

[[Page 6223]]

  I will have an amendment that expresses the sense of the Congress 
that States and districts that use standardized tests to make high-
stakes decisions about students should be professional standards on 
educational testing. It should not really be controversial, I hope. But 
I think we have to make sure these tests are used well. I am going to 
call for a study on the impact of high-stakes testing policies on 
students, teachers, and curriculum because I am very worried that when 
we start using single standardized tests to determine whether a third 
grader goes to fourth grade, what kind of reading group you are in, 
whether you graduate, and all the rest, and we have done little to make 
sure every child has the same opportunity to actually pass the test, 
what we have done is put the responsibility on kids and students for 
our failure to invest in their future and their achievement. So I think 
we at least ought to do a study. We ought to have an understanding.
  I will have an amendment making it clear that if States and school 
districts use standardized tests to make the high-stakes decisions--I 
am all for testing for diagnostic purposes--to determine whether a 
student graduates or goes from one grade to another, at the very 
minimum, appropriate accommodations must be made for language 
proficiency and students with disabilities.
  There will be an amendment I am going to sort of dedicate to my 
friend Paul Simon, who is no longer in the Senate. We did this 
together. It authorizes grants to urban school districts so they can 
implement any of the following programs in innovative ways to help 
eliminate the learning gap, as it affects children of color and the 
poor, and that could be the McKinney Homeless Assistance Act, 
Professional Development Act, the Immigrant Education program, or the 
Class Size Reduction Program. The Presiding Officer has done a good job 
of making sure we keep the rural piece in, and I am in full accord with 
that. I want to make sure we also keep in the urban piece.
  I will have an amendment about which I was talking to my friend, 
Senator Coverdell from Georgia, which I think is extremely important, 
to provide some support for children who witness violence at home. 
Every 13 seconds a woman is battered in her home. These children don't 
see the violence in the movies or on television; they see it in their 
living rooms. It has a devastating effect on their performance at 
school, and quite often in our schools we don't even know what is 
happening with these kids. I want to get some support services for them 
so they can do better.
  I have an amendment to recruit and train highly qualified teachers 
for high-poverty urban and rural schools. This would provide $500 
million to fund a collaborative between State education agencies, local 
education agencies, and institutes of higher education. This is how we 
can recruit people, whether they are right out of college or whether 
they are people who make a lateral change at age 40 or 50 and want to 
teach in schools. We want to get the training to them and have the 
mentoring. We want to have the internships, and we want to get this 
kind of talent into our schools, especially those schools with a large 
low-income student population.
  I will have an amendment that calls for local family information 
centers. This would expand the Parent Information and Research Center 
Program in title I to include nonprofit organizations. Sometimes the 
way we can reach some of the hard-to-reach parents is to get them 
involved through some of the nonprofits in the community. I think there 
can be good, bipartisan support for this.
  I will have an amendment that provides seed money for schools to hire 
more counselors for mental health services. In my State of Minnesota, 
the ratio is 1 counselor for every 1,000 students. Indeed, many of 
those counselors are trained more to what college or university you go 
to, or, if you don't go on to college, what kinds of jobs will be 
available. What about the kids who have mental health needs? How are we 
going to be able to recognize these kids who are struggling and get 
help to them?
  How are we going to tell them? That is a hugely important issue.
  I am going to have an amendment that provides seed money for 
counselors. I am not sure how many. I am going to figure out exactly 
the amendment that I think has the best chance of passing so we can 
make a good start in this area.
  Finally, I am going to have an amendment I offered before. I will not 
spend much time on it. We had a vote on it. I want it to be on the 
record that I want some historian to include me in a small footnote 
that we have not done the policy evaluation of ``welfare reform.'' We 
really do not know where these mothers are. We don't know what kind of 
jobs they have. We don't know whether the family has had medical 
assistance. We don't know why there is a dramatic decline in food stamp 
participation. We don't know what the child care situation is with 
their kids. We need to know, especially since in the next 2 years all 
of these families are going to be off assistance and we are going to be 
pushing a lot of vulnerable people off the cliff. I want some policy 
evaluation.
  Nobody can tell me this has nothing to do with education because when 
children are hungry, they don't do well in school. When children come 
to school with an abscessed tooth because they have no health care or 
dental care, they don't do well in school. When the child care 
situation is miserable--it ranges from downright dangerous to not even 
adequate--those children come to kindergarten way behind. I have an 
amendment that calls for this policy evaluation.
  I say to the Senator from Vermont that I am not going to go on for 2 
hours. But this is an important bill for me. I will probably take 5 or 
10 minutes. I will save him having to get up all the time. I will be 
finished. But I don't want too much pressure on me to be finished 
because then I will just get started again.
  I want to conclude with this appeal to my colleagues on the other 
side.
  I have stated the reasons for my opposition. Senator Gregg of New 
Hampshire will be out here. He will be a powerful advocate for a 
different position. I hope we will have at it. We can do it with 
civility. We can be formal. Presumably we have respect for one another. 
But let's have at it. Let's come out here and let the Senate operate as 
the Senate operates at its best. Let's start bringing amendments out 
here. Let's have up-or-down votes on amendments. If we need to start 
early in the morning, let's start early in the morning. If we need to 
go not until midnight out into the evening, great. Let's work.
  This is a major bill. I think we all agree that there is no more 
important issue. Frankly, the Federal role is critical. This piece of 
legislation is critical. Let's have at it. It is not atypical when you 
have a bill of this importance.
  I was talking to my colleague from Georgia about this. You have a 
bill out on the floor for a couple of weeks. That would be good. I 
wouldn't be at all surprised if there were 90 or 100 amendments. I 
remember during my earlier years, it happened all the time. Amendments 
fall off, or people bring amendments out, and people agree to time 
limits. Let's go at it. Let's have the debate. Let's make sure it is a 
substantive debate.
  I have a number of amendments. Other Senators have amendments. That 
is the way you operate as a Senator. That is how you can make a 
difference. That is how you can try to follow up on what people in your 
State have told you about some of the needs and gaps. That is how you 
can try to be a good Senator. Let's do it.
  We will take a couple of weeks with this. Then we will pass a bill, 
or we will defeat a bill, or it will be similar to what it is now, or 
it will be dramatically changed. But I think the country is ready for 
that.
  I think the country is ready for us to have substantive debate. I 
think it is ready for us to be out here on the floor working. It is 
ready for us to be talking about what we believe--I think the Senator 
from Rhode Island will agree--would be best for education in our

[[Page 6224]]

States and how we can contribute. It wants that discussion. That is why 
we are here. I hope we will do that.
  I hope the majority leader will not come out here in 2 days, which 
has been the typical fashion--I am not talking behind his back; I have 
said this over and over again--and say: I don't like these amendments 
that deal with how you get guns out of schools; I don't like this 
amendment and, I don't like that amendment; these amendments aren't 
relevant; only if you agree to the following four or five or six 
amendments, or whatever, do we go forward. And we say: Absolutely not. 
We are here as Senators. We have amendments. We are ready to work for 
people in our State. Then cloture is filed. If there is not cloture, 
the bill is pulled.
  I don't think it is a very good bill. So in one sense, I wouldn't be 
unhappy with that result. But as a Senator, I would be unhappy with the 
result. I want to go forward. I want to have the debate. I want to have 
at this legislation for a couple of weeks. I want us to consider the 
amendments out here. I say to the majority leader what I have said 
twice now: You suck the vitality out of the Senate when you don't let 
people come out here and offer their amendments and have this debate. 
We are at our best when we do that, I think.
  I am all set to go. I am in profound opposition to this legislation. 
I think it is a profound mistake. One person's solution is another 
person's horror. The Senator from New Hampshire thinks it is just the 
opposite. That is fine. He will state it well. Let's have opening 
statements. Let's get to the amendments. Let's have debate. And let's 
move forward.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. JEFFORDS. Madam President, I will make a unanimous consent 
request so we know where we stand.
  Next to speak is Senator Gregg; then Senator Dodd, Senator Reed, 
Senator Bunning, and then Senator Lieberman--three or four other 
Members--for a period not to exceed 45 minutes.
  I ask unanimous consent that be the order.
  Mr. GREGG. Reserving the right to object, the 45 minutes applies to 
Senator Lieberman.
  Mr. JEFFORDS. Senator Lieberman and his group. Others are flexible. 
But I suggest 15 minutes is an adequate time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from New Hampshire is recognized.
  Mr. GREGG. Thank you, Madam President.
  I congratulate the Senator from Vermont for bringing this bill 
forward. We recognize it is an extraordinarily important piece of 
legislation because it sets Federal policy for education, especially in 
the primary area where the Federal Government has responsibility, which 
is low-income education.
  There are really two areas of elementary and secondary school 
education where the Federal Government is the dominant player. One, of 
course, is elementary school education--the low-income kids. The other 
is elementary school education for special needs children. This bill 
doesn't address the special needs issue. It is not the IDEA bill, which 
is a special needs bill. This bill focuses primarily on how we deal 
with low-income children.
  I think it is important to reflect a little bit as we begin this 
debate as to what the history of this piece of legislation is because 
that puts in context to a significant degree why it is we on our side 
believe there needs to be interest for other options to be made 
available to the States as they address the issue of educating and 
helping low-income children achieve and, thus, realize the American 
dream.
  This bill was put together 35 years ago. At that time, it was a 32-
page bill with 5 specific programs. Today, this bill before us has 922 
pages; it has 79 different programs. It is a huge piece of legislation 
which has expanded radically over the period of the last 35 years. It 
originally had, and still has, categorical program after categorical 
program which specifically told the local school districts and the 
States how to manage very narrow areas of education in a very 
prescribed way.
  There has been a philosophy built up over 35 years in this Congress--
essentially dominated by the Democratic Party when this bill evolved--
that essentially says: We in Washington know a heck of a lot better how 
to educate a low-income child than you folks back in the districts do 
where that child is going to school; We know better than the parents of 
that child; We know better than the teachers of that child; We know 
better than the principal; We know better than the school district; And 
we know better than the State.
  As a result, this bill exploded from a 32-page bill to a 1,000-page 
bill with program after program after program very narrowly, rifle-shot 
targeted with significant limitations on the funds being spent and 
significant directions for the local communities.
  What was the result? The result was that over that period we spent 
almost $130 billion in education directed at low-income children--$130 
billion over 35 years. What did we get for that? Unfortunately, what we 
had was a bunch of kids who were left behind--children to whom we had 
made a commitment, and low-income children who weren't educated hardly 
at all as a result of all of these dollars being spent.
  We know for a fact today that two out of every three low-income 
fourth grade African American and Hispanic children can barely read. 
This chart shows that over 70 percent of the children in our high-
poverty schools who are low-income do not meet the most basic levels in 
reading. We know 60 percent of those children do not meet the basic 
levels of mathematics. We know almost 70 percent of those children do 
not meet the basic levels in science.
  This is the product we have produced $130 billion and 35 years later: 
79 programs and 1,000 pages of law. We know in our high-poverty 
schools, low-income kids in the fourth grade read at two grade levels 
less than their peers who are not low-income. We know in our urban 
schools almost half our children are not graduating from high school. 
We know the achievement gap between our moderate-income, our average-
income kids and our low-income kids is not closing as it was supposed 
to after $130 billion but is potentially expanding and, at best remains 
the same.
  We have gotten nothing for these kids from all this money that has 
been spent. It is not just our low-income kids, the children addressed 
in this bill who are being affected by the quality of education, but 
our entire educational system has serious problems. Forty percent of 
our fourth graders can't read at a fourth grade level. Our 12th graders 
have seen either a decline in reading, math, and writing skills or, at 
best, a stagnation of reading, math, and writing skills. I am talking 
about all 12th graders--not just low-income 12th graders.
  Our 12th graders, compared with the rest of the world, which is where 
we are competing today, and what our prosperity is tied to, come in 
about last among industrialized nations. We are behind Hungary, 
Slovenia, Austria, Germany, Netherlands, and Sweden. We are just about 
last in levels of academic achievement in mathematics and last for our 
academic levels in science.
  We know there are 7,000 schools in this country today that are deemed 
failing schools. They are not defined as ``failing'' by the Federal 
Government. We have not set a standard to say a school is failing. They 
are defined as failing by the school systems at the State and local 
levels that rate their own levels. School systems rating their own 
schools have identified over 7,000 schools that do not meet the 
standards they have set. Some of the schools have had the failing 
designation for not just 1 or 2 years but for up to 6 or 10 years.
  We need to be very concerned about this. We are not the only ones, as 
legislatures, who are concerned. Our manufacturers and our people who 
are trying to hire folks so they can become prosperous, so they can 
have good jobs, and so we as a country can compete internationally, are 
concerned. United

[[Page 6225]]

States manufacturers have found that 40 percent of all 17-year-olds do 
not have the math skills necessary to do the job for which they are 
hired; 60 percent do not have the reading skills necessary to do a 
manufacturing job. That is a staggering number. Over half the kids 
leaving our school systems come in to their work experience without the 
ability to do the job because they cannot read and they cannot do math.
  Madam President, 76 percent of our college professors and 63 percent 
of our employers believe that a high school diploma is no guarantee the 
typical student has learned the basics necessary to function in our 
society, and specifically, in college and the businesses into which 
they are being hired.
  We obviously have a very significant problem. I must stress this 
problem isn't a lack of money. As I said, we have spent $130 billion 
for title I kids over the last 35 years. We have also as a Federal 
Government dramatically increased our funding. This chart reflects how 
much we have increased funding for education generally in this country 
from 1950 to the year 1997--from about $10 billion to well over $300 
billion in total expenditures from K-12.
  This chart shows how much we are spending on our increases on 
children per pupil during that period. From 1970 to 1999, we see the 
increase per pupil went from $1,000 to well over $7,000 in this 
country.
  The United States spends 6 percent of its national income on primary 
and secondary school education which is more than any other of those 
industrialized countries. Every one of these countries spends less of 
their gross national product for education than the United States, 
except Denmark and Canada. All the other countries spend less as a 
percentage of their national product on education.
  It is not a function of dollars being spent. It is a function of what 
we are getting for our dollars that we are spending that is the 
problem.
  Somebody else said it is a function of the teacher ratio; We simply 
have too many kids in the classrooms for the teachers to handle. There 
may be instances where that is the case. I think that is possibly true. 
But as a practical matter, when reviewing the statistics, it is hard to 
defend that position. In the 1960s, there were 26 pupils per teacher. 
Today there are 17 students per pupil in this country, on average. The 
President has said he wants to have 18 students to one teacher. That is 
the ratio he wants to reach. As a practical matter, 42 States in this 
country already have ratios which equal either 18 to 1 or better for 
the ratio of students to teachers. We know we have a problem, and it is 
very significant.
  Some States have taken this issue on and made significant success. I 
point to Texas as an example. They have reduced their achievement gap 
by almost a third between the low-income kids and the high-income kids, 
and they have not done it by reducing the level of the achievement of 
the higher or the moderate-income child, the non low-income child. They 
have done it by raising achievement levels of the low-income child.
  One might ask: How have they done it? Texas--and there are lots of 
other States initiating these programs, including Michigan, Arizona--
has done it by being creative, taking a different approach with their 
kids by demanding achievement in most instances.
  When we looked at this bill as it came to the committee for 
reauthorization, we looked at the statistics and said one thing we know 
is what we are doing is not working. There are a lot on the other side 
who are willing to defend the status quo. I am not. These numbers are 
staggering. We have had generation after generation of low-income 
children who have been given the raw deal in the way the Federal 
Government has addressed the issue of educating or trying to help 
educate them by assisting the local communities. Their achievement 
levels have not increased. They cannot do math, they cannot read, even 
though we have poured these huge amounts of dollars into trying to help 
them out. So we knew it was not working, the status quo. We knew those 
79 programs that had come, originally, from 5 simply had not resolved 
the problem.
  I guess they made a lot of people feel good because there is hardly a 
Member, especially on the other side of the aisle, who has served here 
for any length of time who does not have one of these targeted programs 
that is called something--something to help somebody somewhere that has 
his or her name on it so they can put out their press releases and go 
back to their States and say: I put out the ``da-da-da'' program which 
helps ``da-da-da.''
  But the problem is, that has not improved the education of the 
children at all, especially the low-income children. So we, on our side 
of the aisle, said let's try to think of a better way to do this. We 
came up with a basic thematic approach. We said that, first, the 
programs we put forward should be child centered. That might seem 
obvious and everybody might say, of course, they should be child 
centered; it is education. Unfortunately, title I, the way it was 
originally designed and the way it functioned up until 1994, was not a 
child-centered program.
  Title I was a school-centered program, an administrator-centered 
program. Basically, the money went to the schools. If you happened to 
be a low-income child, you may or may not have ever seen that money. If 
you happened to be a low-income child in a school system which had less 
than 35 percent of its kids being low-income kids, you were absolutely 
not going to see any of that money because none of that money could go 
to your school. So a lot of low-income children were simply written out 
of the system, and the money did not go to the children; it went to the 
schools. So we said let's have a child-centered approach where we are 
really looking at the children.
  Second, we said title I has not accomplished its purpose, it has not 
improved the education of low-income kids, so let's put the emphasis on 
achievement; We especially want to see low-income children have their 
math and reading skills increased; We do not want to see them put into 
some aggregation where there is a claim of increase because they are 
part of an average; We want a disaggregated approach, so different 
groups within the low-income community are looked at independently.
  Then we want those groups of kids to improve relative to everyone 
else. We don't want everyone else to be brought down; We want to see 
better math skills, better science skills, better reading skills for 
the low-income children so when they leave school, they can read and 
they can write and they can do math. So we decided we were going to 
have an achievement-oriented proposal.
  First, it was child centered; second, it was achievement oriented.
  Third, we came to the conclusion that maybe we do not know best here 
in Washington; maybe the local school districts do know what they are 
doing. I meet very few parents, teachers, and principals who really 
don't want good education. Almost everyone I ever meet who is a parent 
of a student or teacher or principal or superintendent really does want 
good education. That is why they have committed their lives to this 
exercise. So we said let's give the flexibility to local school 
districts so they can make the decision as to how to allocate the funds 
within their school districts and within their schools the way it will 
get the best results.
  In order to give that flexibility we also said, fourth, that we want 
accountability. We want the local school districts in the States to 
show us the kids are achieving at a higher level. They have to be 
accountable.
  So it has four steps: Child-centered, achievement, flexibility, and 
accountability. That is the theme on which we built this bill, or the 
ideas we put into this bill.
  There was another approach which we took, which is a tactical 
approach. We said we do not know all the answers, unlike some on the 
other side who appear to think they do know all the answers. We said we 
don't know all the answers, we don't know what the States need and what 
they want, so we are going to give the States an optional approach. We 
are not going to

[[Page 6226]]

say you have to do this in order to get the money, or you have to do 
that in order to qualify for the program. We are going to set out a 
series of options.
  The way I describe it is it is similar to a cafeteria line. A State 
can go down that cafeteria line, or a local school district can go down 
that cafeteria line, and they can pick out the program which they think 
best suits their ability to produce the results for the low-income 
child, to enable that child to have a better school experience and to 
learn more.
  We do not say you have to take any specific program. We do not say in 
order to get a new teacher you have to take class-size dollars, and if 
you take class-size dollars, you can't do anything but get new 
teachers. We don't say that. We say you, the State, can go down this 
cafeteria line, and if you like this program--and I will talk about 
them in a second--if you like Straight A's or you like portability or 
you like public school choice, you can just take that program and try 
it out in the context of an accountability system where you have to 
prove that you achieve the results of improving the quality of 
education for the low-income child.
  But if you don't want any of those programs, if your educational 
community is so strong in your State and you believe you are doing such 
a good job that you want to stick with title I as it is presently 
structured out of all the different rules and regulations and all the 
categorical programs, you can do that, too. You can go right down 
through that cafeteria line, don't pick up anything, and get the same 
amount of money. If you take any one of these programs, you get the 
same amount of money. We are not going to affect anybody's ability to 
get the dollars the Federal Government is sending to them. They are all 
going to get the same amount of dollars, but we are going to give some 
States and communities an opportunity to have options.
  It has outraged the other side of the aisle for some reason, the idea 
we would give options. Maybe it is because we are not demanding people 
do this. The approach we often hear, regretfully, from the Washington 
educational establishment is you must tell people what to do. We are 
not going to do that. We are going to say you have options and when you 
choose an option, then we are going to say you have to produce the 
results, yes, but you will have flexibility within that option to 
produce those results.
  Let me talk briefly, because there is going to be a lot of debate 
about these items, about the four major options in this bill. There are 
also a lot of other good initiatives in this bill. The Senator from 
Maine put in a superb initiative in rural education that is going to 
help rural school districts be able to manage their Federal dollars 
more, but that is not controversial because it is such a good idea. Let 
me talk about the four items that basically set these themes in place.
  The first, of course, is Straight A's. There are two different types 
of Straight A programs in this bill. One is the Governors' proposal; 
the other is pure Straight A's and includes title I. Essentially, what 
it says is we are going to take a bunch of programs, 14, 15 programs, 
and instead of having the money go to the States in a categorical way, 
the States will get the dollars from those programs in a group, and 
then they will have very significant obligations to meet accountability 
standards for having improved the achievement of low-income students as 
a result of getting those dollars--something which does not now exist. 
We will give them flexibility, but we will expect results. And low-
income kids will learn.
  This is a State's choice, by the way. The State does not have to take 
Straight A's. If the State doesn't think this will work for it, it does 
not have to take this track. If a State wants to take this approach, it 
can. But after taking this approach, it has to prove, after a 
reasonable amount of time, the kids are actually improving in their 
educational levels.
  The second approach is called portability. Here we have tried to 
engage the parents in the process of becoming involved in the education 
of the low-income child. I think if there is one thing we all 
recognize, it is that parent involvement is absolutely critical to good 
education. This is an attempt to get the parents into the process. This 
proposal, essentially, says that instead of sending the money to the 
schools--as I mentioned earlier, if the school does not have 35 percent 
low-income kids, they don't get any money--instead of sending the money 
to the schools, we give the money to the schools, but we give it to 
them in relationship to the children who are in the schools so the 
money follows the child. It does not flow to the schools. Then the 
parent has the right to go to that school system and say: I am not 
happy with what my child is learning in this school. I would like you 
to put my child into an afterschool program or a tutorial program--not 
a private school; the child still has to go to the public school--but I 
would like you to put him or her into some sort of private tutorial 
assistance, or it could be public tutorial assistance, that may cost 
more money.
  That is allowed today under present law, under title I, but it is not 
at the direction of the parents. The school systems make these 
decisions. So the parent has the right now to say: Take my title I 
money and allow my child to get some assisted learning at a Sylvan 
Learning Center or some sort of other outside assistance program. That 
is portability. The money goes with the child and the parents, although 
they never get the dollars, they do not physically have the dollars. 
This is not anything like a voucher, even though it is occasionally, by 
people who are really demagogic, being classified as such, but nobody 
with any integrity would ever call this a voucher because it is not--
the dollars go to the school, and the school has control over the 
dollars. But the parent has the ability, if the parent decides to do 
so, to direct that these dollars be used to assist the child in 
additional educational support, something the school can now do but may 
not want to do, for whatever reason.
  That is portability. Again, the most common attack we get on this--
and it is legitimate--is: What happens? Under the present system, money 
comes together in the school system and the school gets to use it to 
benefit all the kids. It is not going to take control away from the 
school and their ability to benefit all the kids with these title I 
dollars.
  Yes, it is; it is going to benefit the low-income kids. That is 
exactly what it is going to do. Remember, for this program to go 
forward, the school district and the State have to have made the 
decision this is what they want to do. So if the State and the school 
system come to the conclusion the best way to educate their kids is to 
use portability as an option, then they can apply for it, but if the 
local school district, the teachers, the principals, and the 
administrators decide this is not going to work, they do not have to 
apply for it; it is an option.
  There are some States in this country that, obviously, are going to 
apply for it because they already use portability. Arizona uses 
portability for its State funds, and the city of Seattle uses 
portability for its State funds. It is not a new idea. I am sure it 
will be pursued by those places. It will be on the table and available 
to them if they want it.
  Another area is public school choice. As I mentioned, in this country 
today, 7,000 schools have failed or are failing. What we essentially 
say is: If your child is in a failing public school--which can do a 
fair amount of damage to a child, to be in that school for 2 years--but 
if that school continues to fail for 2 years--and remember, failure is 
defined by the States, not by us--then the parent has the right to move 
that child out of that public school. If that public school fails for 4 
years, then the parents have a right to move that child out of the 
public school and the public school system must assist them in the 
transportation costs of moving their child out of that public school, 
as long as it is a reasonable number. There is a contingency on how 
much can be spent.
  Parents cannot move their children to a private school and get any 
support. This is a public-school-to-public-

[[Page 6227]]

school choice. In other words, if a parent wants to move their child 
out of one failing public school, under this bill, they can move to 
another public school that they, as a parent, believe is doing better. 
Again, this is a process of getting parents involved. Equally, it is a 
process of putting pressure on the 7,000 failing schools.
  Another area is teacher empowerment. This has already been attacked 
at some length from the other side of the aisle. I heard a commentary 
on this. There is a philosophical difference which reflects precisely 
from where the two different parties are coming. The President, the 
Vice President, and his supporters, have said: If you want to get more 
money from the Federal Government, you must use this money to add new 
teachers to classrooms; you must do it.
  I do not know how Al Gore or President Clinton know that the town of 
Milan, NH, needs more teachers, but for some reason they think they do. 
I do not know how they know that.
  Mr. COVERDELL. Will the Senator yield?
  Mr. GREGG. I yield to the Senator from Georgia.
  Mr. COVERDELL. On that point, I have been waiting for an opportunity 
to ask that the Senator clarify this. I thought he said the teacher 
ratio in 1960, going back 35 years, was 1----
  Mr. GREGG. To 26; 1 teacher to 26 students in 1960.
  Mr. COVERDELL. In 42 States, it is 1 to 18 or better.
  Mr. GREGG. Nationally, the average is 1 to 17.
  Mr. COVERDELL. Which is the timetable during which this data has 
gotten progressively worse.
  Mr. GREGG. The Senator is absolutely correct. On a side point to 
which the Senator is making an excellent allusion, it is very hard to 
tie student-teacher ratio to improved student performance. Study after 
study has been done on this, and, as a matter of fact, the University 
of Rochester did a study of the studies done. There have been over 300 
studies done on student-teacher ratio and whether or not that is a 
determinative event in the education of a child, whether the education 
of a child improves.
  At the 17-to-1 level, it really is not. The University of Rochester 
determined the most determinative event was the quality of the teacher; 
surprisingly enough, it was not the ratio of the students to the 
teacher. If there is a teacher of poor quality teaching 17 kids versus 
26 kids, the only advantage is 9 kids are not getting a lousy 
education. This study found it was the quality of the teacher that was 
the determinative event, which brings us to our point.
  Under our proposal, we say to the local school districts: OK, if you 
need more teachers, if you want to reduce your classroom percentages, 
you can do that; you can use the money for that; but if you want to use 
it to improve your teachers' ability to teach, you can use it for that, 
too. Or if you have really good teachers and the marketplace is trying 
to attract them away from the school system--math and science teachers 
are in great demand in the private sector these days, as are a lot of 
teachers--then you can pay them a bonus to stay in the school system.
  We took the teacher size categorical straitjacket the President and 
Vice President Gore proposed, and we put that together with the 
Eisenhower teacher training program and created the Teacher Empowerment 
Act, which essentially says to local school districts: You have the 
flexibility to use this to improve your teachers in any of three 
different ways: Add more teachers if you want; give your teachers 
better educational skills; or pay teachers a little bonus or incentive 
to stay in the school and teach if they happen to be people you want to 
keep on board. That is a difference of approach and a philosophical 
difference.
  Those are four items that reflect the difference in our themes, and 
our themes, to reiterate, are these: We think, after 35 years, it is 
time we focus on the low-income kids and it is time we expect the 
schools in this country to deliver those low-income kids an education 
that is going to give them a shot at the American dream. Unfortunately, 
we have not done that as a society. The record is abysmal, and I have 
cited countless statistics to support that. What we expect is a program 
that is child centered, that is achievement oriented, that is flexible 
and has accountability.
  I again congratulate the chairman of the committee and members of the 
committee who worked so hard on this. I look forward to the 
continuation of this debate over the next couple of weeks.
  I yield the floor.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
Connecticut is recognized for 10 minutes.
  Mr. DODD. I thank the Chair.
  Madam President, we have before us this afternoon one of the most, if 
not the most important pieces of legislation we will consider this 
Congress, the reauthorization of the Elementary and Secondary Education 
Act. I thank those who have been involved in this process over the last 
number of months.
  I regret at this late hour we are considering something as 
fundamentally important as the Elementary and Secondary Education Act. 
It is late in the spring. We have been allocated a few days on this. I 
guess we will have 3 or 4 days this week and maybe a couple days next 
week and then move on to other business.
  I appreciate the fact we have some days here. Normally, with this 
issue, given its importance in the national agenda, we would spend a 
little more time on it. This is a 5-year program. We will not touch 
this again for 5 years. Unlike other matters which come up every year, 
this is a bill with which we deal once every 5 years.
  I see my colleague present.
  Mr. COVERDELL. Madam President, if the Senator will yield, I do not 
believe there is any predisposition as to the length of the debate 
decided between the two conferences. What the Senator outlines might 
well be the case, but it is certainly not predisposed.
  Mr. DODD. I thank my colleague for telling me that. I hope that will 
be the result.
  My point is, here we are on the first of May and our legislative year 
is winding down. Not that we have done much these last two years; with 
the exception of one or two things, the highlight of this Congress so 
far might have to be the renaming of the airport. And now after 
frittering away weeks on nominations and cloture votes on bills going 
nowhere, we are bringing up ESEA.
  Perhaps this will change with this bill--if there is any bill that 
deserves our full and careful consideration, it is this one. Clearly, 
we should be able to afford more than a few days for the most important 
bill, the most important issue to the American public. We spent weeks 
on renaming the airport; our children deserve at least this much.
  Madam President, how does this make sense? It is certainly not the 
way we have done education in the past. We have always had debates, but 
we have always been bipartisan. The 1994 ESEA passed with over two-
thirds of our votes. Historically, education bills have come out of the 
committee as overwhelming bipartisan. At least in my 20 years on the 
committee--this may sound strange in this day and age, but we actually 
had elementary and secondary education legislation come out of the 
committee with unanimous support. It came to the floor of the Senate 
and was adopted almost unanimously. Elementary and Secondary Education 
legislation is not and cannot be about scoring points for the 
election--it is about scoring points for our future, our children. We 
must work together.
  And there is much work to be done on this bill. But I do not think it 
is too late, Madam President, to come together around a good bill, a 
strong bill for America's children and schools. Let's take the time. 
And frankly, I believe hidden below a layer of crass partisan policies 
in the bill before us today, there are significant bipartisan 
initiatives already in this bill we can build on.
  Senator DeWine and I worked together over months to re-craft the Safe

[[Page 6228]]

and Drug Free Schools and Communities program to make it more 
accountable and to focus the program clearly on programs of proven 
success and that is included here in this bill. I have also worked with 
the chairman of our Committee on some important but smaller initiatives 
in this bill--the Magnet Schools program, the Character Education 
Partnership initiative which I authored with Senator Domenici, the 
Civics program which I authored with Senator Cochran, the National 
Center for Gifted and Talented Education and initiatives to improve 
Title I's preschool services.
  Unfortunately, these efforts did not carry the day. Instead 
bipartisanship was abandoned and we ended up with this product before 
us today. But, hopefully, before this process is over maybe we can come 
to some agreement on these issues.
  As we start this effort, we should review some of the basic facts. 
There are some 53 million children every day who go to school in 
elementary or secondary schools in this country. Roughly 49 or 50 
million go to school in public schools, and about 5 million go to 
school in private or parochial schools. So our primary responsibility, 
as a public institution, obviously, is to deal with public educational 
institutions, where almost 50 million of America's children go to get 
an education every day.
  At the Federal level, we are responsible for about 7 cents on the 
dollar in education; 93 cents on the dollar for the education of our 
children at elementary and secondary schools is paid for by the States 
and local governments.
  So when we highlight all the problems that exist in our educational 
system we should keep this seven percent in mind. There is no question 
we should certainly look at what we may do to contribute to any of 
these shortcomings. But frankly, it is less a function of what we do 
here, and certainly far more of a function of what happens in our 
respective States and communities.
  That is a sad commentary. I do not like to make it. I wish it were 
not the case. But the idea somehow that the 7 cents from the Federal 
Government is the sole reason--sole reason--why 7,000 schools or 5,000 
schools, out of the thousands, are failing out there, I think, is an 
unfair allocation of the blame.
  We need to look at how we spend the $15 billion dollars of federal 
money we invest in schools. About $8 billion of that--half of it--is 
all in one program, Title I, which we distribute right back to the 
States and local communities through a targeted formula.
  What we have tried to do, over the years, is to target this $15 
billion of resources so it just does not become revenue sharing. I know 
there are those who would support that. I know there are those who 
would get rid of the Department of Education entirely and merely have 
Washington become a turnstile: Send your money here; send the money 
right back. You decide what you want exactly.
  Some might say: I do not know why we bother with a turnstile. Some 
may advocate just offering an amendment to eliminate the Department of 
Education, eliminating the Federal Government's role all together and 
leaving the money at the State. That is a point of view. I disagree 
with it.
  Our role is fashioning instead a national purpose, responding to 
national needs and leveraging federal dollars. I believe most Americans 
believe this is our role, too. They know education is a national 
interest and that we have national needs and concerns.
  Improving the quality of education for our poorest children, that is 
a national need. I do not only concern myself with the well-being of a 
child in Bridgeport or Hartford or New Haven. Obviously, I worry about 
that as a Senator from my State. But I also recognize that my country 
suffers if, in fact, a child in Tennessee or Vermont or Georgia or 
Rhode Island or Texas, is failing in those States, then I think my 
constituency also suffers.
  I hope that is not a radical thought, the idea that as a national 
legislature we are trying to determine what we can do to improve the 
quality of education of children across the Nation, not just in our own 
communities. That is a job of our local towns and our States. But as 
national legislators, with the importance the American public has 
placed on education, do we just make this a revenue-sharing program, or 
do we try to speak as closely as possible with one voice about such 
things as class size, the condition of the buildings in which America's 
children learn, whether or not they are getting the proper support they 
need in immigrant education, or in various other aspects of improving 
the quality of children's performance levels?
  I do not think it is so radical a notion that we, as a national 
legislature, say that across the country these are things on which we 
would like to see improvement.
  And with all due respect, Madam President, I believe we owe our 
children and our future something much better than the bill before us. 
What we have here is another missed opportunity to respond to the calls 
of children, parents, grandparents, teachers, mayors and community 
leaders for real support to accelerate the pace and progress of change 
in our schools.
  There is no question, in its current form, the bill before us leads 
to gridlock and, at best at the end of the day, more status quo in our 
nation's schools. And the last thing our nation's schools need is more 
status quo.
  The process of school reform began here six years ago in the last 
ESEA reauthorization. In 1994, we left behind forever policies based on 
low expectations for our children and on checking the boxes and 
measuring the inputs and revolutioned our policies to focus on high 
standards for all children, aggressive state-based school reform, 
accountability for results and responsibility for failure. And we have 
seen results.
  I listened very intently to my colleague from New Hampshire talk 
about what has happened across the country in education.
  If you are looking at 35 years, which he was, you get one set of 
numbers. If you are looking at the last 6 years, there is a different 
set of numbers.
  Let me show you a chart of math scores on the National Assessment of 
Education Progress. These numbers challenge the notion that what we 
presently have in place is not working.
  If you take what these numbers represent on the chart, the bottom 
numbers show the poverty levels in schools. So the first column shows 
the most affluent schools in the country down to the poorest schools in 
the country. In every single income category, there has been 
improvement.
  One of the largest levels of improvement are in schools where the 
level of poverty is 51 to 75 percent. That is where the most dramatic 
increase has occurred. Even in the poorest schools there has been 
almost--not quite a doubling--but almost a doubling of improvement in 
math scores in the last 4 or 5 years or 6 years.
  Let me quickly add, these scores are still not good. There has been 
improvement toward higher achievement--but we still have a long way to 
go before we rest on any laurels. But there has been improvement 
because of what we did in 1994 when we passed the Elementary and 
Secondary Education Act. And not just math scores are up. We have seen 
increases in reading achievement, particularly in the highest poverty 
schools, fewer dropouts, and more college attendance.
  But there has not been enough progress. Too many of our schools are 
still failing--failing their students, their communities and us. I 
believe we must push for reform. Reform must be faster, better and 
targeted at those children most in need. The status quo is not an 
option for failing schools nor for federal education policy.
  The question before us today must be how to accelerate reforms to 
increase student achievement further, to reduce the achievement gap, to 
build on the lessons we have learned and to focus our resources on 
programs that work. And what works?
  As is often the case, it is the simple, meaningful things that make a 
difference: Smaller class sizes; investments in recruiting, training, 
and supporting teachers; modern, safe school

[[Page 6229]]

facilities; after school opportunities that provide students with 
enriched opportunities for learning as well as safe, supervised care 
while their parents work; and, real accountability in federal programs.
  These are simple straightforward proposals to accelerate the pace of 
reform in our schools. These are reforms that parents do not see as 
Democratic or Republican--they simply see them as gaping needs in their 
children's schools.
  But instead of coming together around real change and reform, this 
bill does nothing to move schools forward. In place of increased 
accountability and resources, this bill proposes blocking granting 
programs currently focused on areas of national need and concern and 
transforming targeted programs into vouchers for private schools. Block 
grants, one of the central policy ``initiatives'' of this bill, are no 
prescription for change. Block grants offer no national purpose, no 
accountability, they lessen funding and decrease targeting. They simply 
support the status quo, more of the same.
  When you just have a block grant--and I know there is an appeal to 
block grants--you cannot, on the one hand, be for block granting 
everything and then simultaneously demand greater accountability. If I 
just give you a check and do not say, by the way, if I am going to 
write this check for you, here are the areas in which I want results, 
then how do I get any kind of accountability at the end of the day?
  I see my time is expiring, so I ask unanimous consent for 1 
additional minute to conclude my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DODD. If I just turn over a blank check to you, in effect, and at 
the end of the day say, I now want you to be accountable for it--and I 
have not demanded any kind of requirement where these dollars are 
targeted--then you get almost zero accountability. That was the 
experience we had for years. So we changed that--we focused on high 
standards for all children and accountability for results. We targeted 
resources and demanded a return on these investments.
  What the present bill on the floor does is erase the bill of 1994, in 
effect, and goes back to the past when we didn't have the 
accountability and when achievement was sliding down rather than 
tracking up. We know block grants don't work; we have tried them 
before. They simply support the status quo. If that is good enough for 
you, then maybe this bill is. But in my view, this is not just good 
enough.
  This bill also walks away from our public schools in supporting 
voucher programs that would funnel much needed public resources to pay 
for private schools. Madame President, public schools educate over 90 
percent of the children in America. They are the foundations of our 
communities, our economy and our democracy. We must not, cannot, walk 
away from them like this bill does.
  These policies are a recipe for failure for our schools--dollars 
funneled away and frittered away on the status quo, less 
accountability, less targeting to real need, less funding and more of 
the status quo. These policies are tired, timid and dangerous for our 
schools. Block grants and vouchers are proven failures--why should we 
waste our time, our schools' time, our children's time and our 
resources on them?
  We will try to change that over the next 4 or 5 days in this debate. 
I believe there is still hope for this bill. America's children and 
parents are counting on it--and I look forward to rolling up our 
sleeves and getting to work. We owe them and our own futures no less.
  I yield the floor.
  The PRESIDING OFFICER (Mrs. Hutchison). The Senator from Rhode 
Island.
  Mr. REED. Madam President, I believe, pursuant to unanimous consent, 
I am to be recognized now.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. REED. I thank the Chair.
  This is a very important debate about the course of educational 
policy in the United States. It is important in many dimensions.
  Typically, when we bring a bill to the floor on the Elementary and 
Secondary Education Act, much of our discussion is about the mechanics 
of the legislation. But this debate opens up broad philosophical topics 
which we are confronting in the bill that is before us and the 
alternative which Democratic Senators will offer.
  There are basically two philosophies at play. The philosophy I bring, 
and that I share with many of my colleagues on the Democratic side, is 
that there is a very specific role for the Federal Government in 
education policy. First, we recognize the primacy of State and local 
authorities in the U.S. Historically, culturally, indeed, 
constitutionally, State and local authorities govern educational 
policy. There is a role, though, for the Federal Government. It is a 
role we have played robustly since 1965; that is, to encourage 
innovation at the local level while at the same time trying to overcome 
local inertia so that together with this innovation, which comes from 
below, and with support so we can overcome obstacles at the local and 
State level, we can improve the education of our children and their 
academic performance.
  All of this leads to an approach which suggests that our role is 
limited and targeted, particularly with respect to low-income students, 
who historically have been denied the kinds of opportunities many other 
American children take for granted. Also, we have a role to reflect 
national priorities in educational policy, priorities that transcend 
local feelings, regional approaches, and truly create a national 
political and policy environment for education improvement. That policy 
has been established in Federal law since 1965.
  Today, we are confronting another philosophy. That philosophy, 
stripped down to its core, is essentially revenue sharing. My colleague 
from Connecticut suggested as much in his remarks immediately preceding 
mine. That approach is to say simply that we have some money and let's 
turn it over to the States. Underlying that approach is the presumption 
that, of course, the States know what is best. But one of the ironies, 
again alluded to by my colleague from Connecticut, is that if you are 
justifying this change in philosophy and change of legislation by the 
fact that American education policy is failing, what sense does it make 
to give vast resources without conditions to those individuals and 
institutions which control this failing educational policy? The 
institutions that control educational policy are the States and 
localities. We contribute, from the Federal level, about 7 percent of 
resources. It is very limited and very targeted. Ninety-three percent 
of the resources are governed by State and local law.
  So if American education is failing, who is responsible for this 
failure? And if the States and localities are responsible, why are we 
about to embark on a legislative policy which would simply turn over 
the money to them without any real check on how it is spent?
  It is States and localities that determine how they raise funds. 
Through history, they have been wedded to the property tax. In fact, 
the property tax might be the most decisive reason why some school 
systems succeed and some fail miserably. But that is a local 
initiative, local policy, and local law. We wouldn't presume to change 
that. Yet that has a decisive effect on American educational policy.
  Who certifies teachers? It is the States, not the Federal Government. 
If you are concerned about the quality of teachers in the classroom, 
don't come here and blame us for requiring poor teachers to be in a 
classroom. Don't come here and blame us for requiring shoddy school 
buildings. There is no Federal law that requires that. It is a 
combination of State policy and revenue measures that provide 
inadequate resources for many school districts.
  All of these things are under the gambit of State and local control. 
What we have tried to do for more than three decades now is to find 
points of leverage in the system where Federal resources and Federal 
policies can make a difference to help spur innovation and to help 
overcome the inertia we all see at the local level.

[[Page 6230]]

  This philosophical debate will rage for the next several days on this 
floor. It is an important debate. Again, I believe the policy we have 
developed over several decades makes sense, given the realities of 
educational policy in the United States. It recognizes the key role of 
States, but it is not an exclusive role. It recognizes that the Federal 
Government, in limited, targeted ways, can help improve educational 
quality in the United States.
  One of the key issues--indeed, it might be the fulcrum upon which 
this whole debate turns--is accountability. All of those who propose 
that we turn over resources will argue: But we are requiring more 
accountability. I think this argument in some respects misperceives the 
accountability that has already been built into Federal education 
legislation and assumes the States and localities will act in all cases 
wisely and well, when in fact history suggests that under the pressure 
of local budgets, under the demands of local political forces, they can 
be as irrational sometimes as any policy dictate from Washington.
  Over the last several decades, we have endeavored to improve the 
accountability of States and localities through principally the title I 
program, accountability based on student performance. Back in 1988, 
amendments to the Elementary and Secondary Education Act for the first 
time got away from the simple accountability for finance which ruled 
title I programs before and started looking at consequences for student 
performance, tried to begin to develop the notion of standards-based 
education and of holding States accountable for their title I students 
and the use of Federal dollars.
  In 1988, for the first time, we started talking seriously about 
student outcomes and requiring evaluation of outcomes and improvement 
in student achievement in the context of the title I program. The first 
attempts back then were quite modest. The States were left to set the 
standards, and the standards were often set too low. There was no real 
enforcement of failure to conform to these standards.
  Also, in 1988, and years subsequent to that, title I funds went to 
schools determined on the basis of low student achievement, not based 
on student poverty levels. As a result, there was this perverse 
incentive essentially to give more money to schools that were failing 
rather than to look at another dimension to measure how we could 
allocate funds. The amendments in 1988 set the stage for action that 
took place in 1994. That was the Goals 2000 legislation with which, as 
a Member of the other body, I was deeply involved. And here we began to 
build on a bipartisan effort, which was begun by President Bush in the 
context of his educational summit, to develop goals for education in 
the United States as we approached the new century. The Goals 2000 
legislation tried to build on those goals.
  One of the key elements was to try to, once again, enhance the 
accountability for the Federal dollars going to the States and the 
overall performance of the States. Part of the sensitivity to 
accountability and to what was going on in the States was a result of 
books such as Jonathan Kozol's book, ``Savage Inequalities,'' which 
painted a very bleak picture of programs, particularly urban education 
programs, and the distinct disadvantage that low-income students, 
despite title I funding and State efforts, were still suffering in the 
1980s.
  Also, at that time, there was a range of court cases. The most 
notable was in Kentucky, where the whole school finance system was 
challenged as being inequitable and inefficient. In fact, Kentucky's 
supreme court declared the financing in Kentucky schools to be not 
supportable and unequal and something that had to be changed. As a 
result, Kentucky took the lead in developing an equalized financing 
program and comprehensive reform, and other States acted at the same 
time, such as Massachusetts, Arkansas, and Tennessee. So this effort 
was ongoing throughout the country.
  In the context of Goals 2000, there was an attempt to develop 
performance standards and the opportunity to learn standards, where for 
the first time we were talking about the resources necessary for 
schools and, most important, for children, to succeed. This was based 
upon the commonsense notion that a child who has a teacher who is 
unqualified and teaching out of their subject area, a child in a 
program where there is inadequate facilities, a child that is not able 
to participate fully in activities and advance in classes that are 
common, indeed routine, in the suburbs, that child is not going to be 
able to succeed as well as other children. We pushed very hard to 
simply require the States to answer a fundamental question: After you 
have identified a school that is failing, based on these outcome 
standards, what will you do?
  Frankly, my amendment, which was focused on this effort, caused 
intense opposition because when you come down to the crunch, and try to 
ensure schools are performing, there is innate opposition from States 
and localities--they recognize tough actions will be required on their 
part, and there is a natural tendency to resist those types of tough 
decisions. In fact, not only did my Republican colleagues in the other 
body object, the White House also objected to the scope of the 
accountability that I envisioned. We moved forward with a concept at 
least. It was moderated a bit in the final legislation. It required 
that within the plan for applying for Goals 2000 funding, the States 
would indicate in a modest way what they proposed to do with respect to 
schools that were failing and systems that were failing.
  Despite all of this discussion about accountability, Goals 2000 does 
represent progress on voluntary standards and also an enhanced 
sensitivity to the notion of making sure that programs work and are 
accountable. Since its passage in 1994, over $2 billion has been 
dispensed. Every State has participated, in a way. It has been useful 
in helping to stimulate reform, to raise standards, and to try to 
develop evaluations and assessments so we can know where we are in 
education policy and improve education throughout the United States. 
That is an example, in many respects, of how we can use Federal 
legislation to help move forward the education agenda. I think it is a 
very powerful example.
  Contemporaneously with Goals 2000, in 1994, we reauthorized the 
Elementary and Secondary Education Act, which we are beginning to 
discuss again this week in the Senate. In 1994, we focused on ways in 
which we could enhance the effectiveness of title I. We made progress 
in streamlining the approach to title I, eliminating what we thought 
were unnecessary regulatory burdens on school systems, but at the same 
time focusing on high-quality standards and the notion that every child 
can learn, and that title I is not simply a program to placate 
students, teachers, and parents; it is a program to give them a real 
chance to succeed-- and the development of assessments that would 
measure the progress of students.
  We tried to target the resources more closely to low-income schools 
and school systems because one of the criticisms of title I is that 
everyone seemed to get a little piece. When the authorization came to 
the floor, it was everybody trying to fight to make sure their system--
be it a poor or a suburban, middle income school system, or even a 
rich, exclusive school system--got their little piece of the action.
  We did target, much more appropriately, the title I program. Also, 
again, we thought about corrective action, how to move this system 
forward, how to identify schools that are failing, and how to make 
those schools appropriately competent to teach children.
  I offered an amendment to allow States to take corrective action 
against any district identified as needing improvement and require such 
action during the fourth year following the identification. My 
amendment also gave a list of remedies the States could use. This 
amendment was incorporated in the final version of the act. In fact, it 
is this legislation that, for the first time, has allowed us to 
identify schools that are not succeeding based on State standards. Back 
in 1996 and 1997, it was estimated that there are 1,500 LEAs and about 
7,000 schools that are not

[[Page 6231]]

succeeding based upon their State standards. The States have the 
authority--and, in fact, under title I, they have the obligation--to 
take corrective action.
  I believe all of this is an appropriate introduction to suggest that 
we are, in fact, dealing with many of the issues that are prompting the 
debate we have today--this notion that we are not paying attention to 
accountability, this notion that schools in America are failing. In 
fact, I suggest that because of the steps we took, starting with Goals 
2000 and the last authorization of the Elementary and Secondary 
Education Act, we are beginning to see progress. As Senator Dodd 
indicated in his remarks, if you look at the statistics, we are seeing 
increased performance in student mathematics achievements, as measured 
by the National Assessment of Educational Progress, showing that all 
three age groups--4th grade, 8th grade, and 12th grade--have shown 
progress.
  Indeed, black and Hispanic students have made significant gains, and 
since 1982, racial and ethnic difference in achievement have narrowed. 
Science achievement has also improved. We are also seeing increased 
numbers of students taking high-level courses, such as algebra II, 
trigonometry, chemistry, and physics. That is good because this level 
of effort is so important to our educational progress. The selection of 
tougher, more demanding courses, once again, cross racial lines, so 
that we are seeing all of our students take more challenging courses. 
So in one sense, what we are doing is working.
  But in addition to this progress, last year we went further and 
adopted the Education Flexibility Partnership Act because we were 
listening to the complaints and comments of those who said: Listen, we 
have to unburden even further these Federal education programs.
  Ed-Flex, however, has not exactly been overwhelmingly embraced in the 
country. There was an article in the Washington Post a few weeks ago 
and, by coincidence, the commissioner of education of Rhode Island, 
Peter McWalters, stated, ``I can get the flexibility I want under the 
current opportunities.'' That was his reason why he was not interested 
particularly in the Ed-Flex approach. It exists nevertheless. So those 
who claim the reason we must essentially create block grants for the 
States is because they don't have flexibility are ignoring the fact 
that we did, indeed, pass the Ed-Flex legislation.
  Also, as indicated by the Center on Education Policy and the 
Institute for Educational Leadership, most State and district school 
administrators fail to understand the inherent flexibility that already 
exists under Federal law. They see it as barriers to change when, in 
fact, there are no real barriers. For example, the Department of 
Education reported that of the 617 waiver requests processed by the 
fall of 1998, over one-third weren't necessary because the local 
schools already had the authority under Federal law.
  One of the other factors in this issue of flexibility and 
appropriateness of Federal legislation policy is the irony that many 
States' rules are more restrictive than the Federal Government's rules. 
One-third of the States do not allow districts to consolidate 
administrative funds, even though Federal law allows them to do so. 
Federal law allows students to operate title I school programs to 
combine funds for many Federal education programs. However, some States 
require schools to account for all programs separately.
  A lot of the purported burden of Federal rules is really a 
consequence of State rules, which in some cases are not as flexible.
  All of this suggests very strongly, at least in my mind, that we have 
embarked on policies which are beginning to show some promise and which 
have already instilled significant accountability devices within the 
law that are targeted to national purposes and compensate for policies 
and programs at the State level which historically did not reach low-
income children particularly and others who are typically without a 
voice in many local communities.
  But having said that, we approach this reauthorization with a common 
commitment and a common understanding that we have to do much more. If 
you look within the United States, we have made some progress. But if 
you look around the world, we are still not at the level we need to be. 
If you look at international assessments, our 12th graders score below 
the international average in math and science, and achievement gaps 
still remain between minority and nonminority students. We have closed 
the absolute difference. But those gaps still exist.
  In 1998, for example, 32 percent of students in the highest poverty 
schools met or exceeded the National Assessment of Educational Progress 
basic level in reading. But that is only half the rate nationally of 
students in public schools. Dropout rates are much higher than the 
African American and Hispanic community than the overall level. We know 
we have to do more.
  We also know that as a result of local policies, 30 percent of all 
math teachers are teaching outside the field of their academic 
preparation, and that percentages are higher in other academic areas, 
as well as in high-poverty schools.
  Once again, let me emphasize that this is not a result of Federal 
policies. That is the result of local hiring practices. That is the 
result of local certification processes. That is the result of 
decisions made not in Washington but in State capitals and cities 
throughout this country. Yet we have a national obligation and 
opportunity to try to assist the States to change the disturbing 
statistics.
  We also want to insist again that we have appropriate outcome-based 
standards for measuring performance of young people and making sure as 
best we can that the States are meeting these obligations. We should do 
that.
  The approach this legislation before us takes is an approach that 
essentially is moving away from all of this and saying simply let's 
create block grants, turn them over to the States, and let the States 
operate as they have in the past and as they will do without these 
specific Federal conditions and guidelines.
  There are two variations within the legislation. There is the 50-
State Straight A's. Then there is the 15-State Straight A's pilot 
program, if you will, sponsored principally by Senator Gregg of New 
Hampshire. But all of these approaches lack the quality and the 
emphasis that I believe is necessary to continue the progress we have 
made to date and to continue our appropriate robust Federal role in 
education policy.
  According to Amy Wilkins, who is with the Education Trust, an 
organization that promotes higher achievement for poor and minority 
students, I quote:

       The accountability provisions in Straight A's are 
     meaningless window-dressing. The goals are too low, the time 
     lines are too long, and the sanctions too inconsequential.

  In fact, Straight A's might take us way back before Goals 2000, and 
the last reauthorization where we, as I suggested in my remarks, took 
very strong steps with respect to accountability. In fact, some of us 
would have taken even further steps to improve accountability for 
Federal dollars going to States to assist States overall in improving 
their educational processes.
  We have seen since 1988 attempts to increase accountability. In fact, 
if you go back before 1988, it might reveal how States would react to 
this new freedom that perhaps they may receive under this bill, an even 
more chilling scenario.
  My colleague from Massachusetts, Senator Kennedy, pointed out earlier 
in the day some of the excesses we found when essentially the title I 
program was a block grant with very few constraints. Money was being 
used to build pools. Money was being used to buy band uniforms. Money 
was being used for anything that the ingenuity and imagination of a 
good school administrator could think of, given perhaps the fact that 
the local community wouldn't fund it. But here is this Federal pot of 
money, and I am ingenious enough to use it anywhere I can.
  We might be headed in that direction once again, although history has

[[Page 6232]]

moved on a bit. The pressures at the local level are still there. The 
budget pressures for school, the pressures to do things, and the 
limited money to do them are still there in every school system.
  The Straight A's program and the Straight A's scheme as proposed by 
Senator Gregg would block grant funding to the States. We know in a 
general way that block grants usually end up with a lack of 
accountability and with a diffusion of purposes. We have seen this in 
the maternal and child health care block grants. That has been 
documented by outside observers, such as the Center on Budget and 
Policy Priorities.
  My fear is essentially that we will head in the same direction with 
education funding.
  First I want to make comments about the 50-State Straight A's.
  It eliminates the targeting of funds to the truly most needy children 
in our country--migrant children, children of immigrants, and homeless 
students. Programs for these children are rolled into the larger block 
grant.
  It also would allow the States to proceed with an experiment for 3 
years after which the Secretary of Education could terminate an 
agreement if there is a determination that student achievement has 
``significantly declined.'' Once again, what they mean by 
``achievement'' is if the States are deficient. I expect, given history 
as a benchmark, that States are not going to challenge themselves too 
much, that their achievement is going to be modest at best, and it is 
going to be awfully difficult to determine what ``significantly 
declined'' means in fact.
  If the Secretary makes this determination, he has to wait at least 2 
more years before he or she can come in and put leverage on the States 
to improve significantly.
  In the meantime, you have a 5-year cohort of young people who are 
moving in a system that might be headed precisely in the wrong way, and 
there is very little we can do to change direction.
  The other aspect of the 50-State approach of Straight A's is that the 
State offers to participate in this block grant. The accountability 
provisions, which as I indicated before are rather insignificant, 
really apply only at the State level. A State could demonstrate 
improvement according to their own definition. But they could do so by 
simply aggregating the statistics statewide.
  Once again, you have laws that focus on children who have always been 
a part of our efforts at the Federal level--low-income children who are 
historically disadvantaged. The goal of the States is performance 
goals. Very limited local, let alone Federal, participation is provided 
for in creating these goals.
  In some respect, it might be the fact that the authors and proponents 
recognize that local communities might be struggling with reform, and 
we have to put it someplace. They have chosen the State level.
  But that undercuts the argument we all make on this floor that local 
control is paramount because the way this legislation is structured, 
the States would be a decisive force in determining the goals and 
determining the proper use to achieve those goals.
  There is language, of course, to close the achievement gaps. But 
there is no real requirement that these gaps be closed. We could 
conceive of progress being made even though we still have significant 
disparities between racial and ethnic groups. Parents are not 
incorporated in the process as they should, in my view; that is, in the 
Straight A's, 50-State process. If you move to the 15-State version, 
that is even more objectionable from the standpoint of targeting, from 
the standpoint of accountability, and from the standpoint of having an 
appropriate Federal-State collaboration on issues that are important to 
us in terms of educational policy.
  In fact, targeting of federal funds to schools with the neediest 
students would no longer be required. It is also a 5-year program, with 
very little control in the States for 5 years. States get to do their 
thing for 5 years.
  After 5 years, there is no real penalty, if the States are not doing 
well. The only time the Secretary could step in is if there were a lack 
of substantial progress. Once again, the States are defining what 
``progress'' is, and I am sure they will not raise the bar too high. 
That has been my experience. And I think States keep the bar low 
because that helps them assure, as best they can, they will be 
successful.
  It would also not require that all students in the State be 
incorporated in the assessment. ``All students,'' as defined in the 15-
State version, simply means all students attending public or charter 
schools that are participating in the State's assessment system. The 
State could say, we are not assessing these children, and in effect 
exclude a number of children from the assessment and, consequently, 
from their evaluation of overall performance.
  Then the money could be used for ``any elementary and secondary 
educational purposes permitted by State law,'' which could be vouchers 
and other programs which would undermine seriously not only Federal 
education policy but public education in general.
  There is a different approach to these two block grant proposals, an 
approach that will be involved in the Democratic alternative. The key 
element of that is the accountability provision Senator Bingaman is 
introducing and I am cosponsoring. It builds on the record of 
accountability I talked about before. It maintains current targeting 
toward disadvantaged students and requires a single system of 
accountability so you don't get into the fight between title I students 
and other students. It specifies goals in terms of disaggregated 
populations, and it requires the States to set specific numerical 
goals.
  So we are not talking about substantial progress or significant 
progress. We are talking about picking a goal, working towards it, and 
having a more objective measure of whether or not you are going to make 
that objective.
  It also requires the identification of those populations of students 
who are not part of the State assessment so they cannot game the system 
as under the 15-State Straight A's proposal.
  It establishes significant consequences if the States fail to 
respond. It requires States and districts to undertake corrective 
action in those situations where the schools or the school systems are 
not performing. It informs parents by having report cards for parents, 
so they know what is happening. They know if their school or school 
system is under a corrective action.
  In effect, it does what I think we all want to do. It provides not 
only the context but the consequences so that States will begin to 
improve or build on the improvements taking place in education 
throughout this country. We will begin to see not just progress 
domestically but in those statistics internationally, which is at the 
heart of so much of what we have talked about over a decade or more.
  We have a lot to do to ensure our education policy is moving forward. 
I believe very strongly that the approach adopted in the bill before 
the Senate, the two block grants, will not do that. I think it walks 
away from our commitment, particularly our commitment to low-income 
students.
  We know from statistics that seven times the resources of the Federal 
programs go to low-income students than State programs. We also know as 
we turn money over to the States, fully a third of the States are 
embroiled in debates about how they spend the money themselves.
  In my home State of Rhode Island, the State is being sued by suburban 
communities who claim they are disadvantaged, that they don't get 
enough State money, while at the same time, of course, in the urban 
centers such as Providence and Pawtucket, there are 40 languages in the 
school system and they have tremendous problems with new Americans 
coming into the school system. They need more and more resources for 
more programs to deal with populations that didn't even exist in my 
State 10 years ago. This clash goes on and on.
  It suggests to me that the States have real problems themselves 
deciding how to allocate resources. Citizens of

[[Page 6233]]

many States are complaining bitterly about how it is done. Yet in 
Straight A's and the 15-State variation of Straight A's, we propose 
simply to turn over the keys to the State and say: Do what you will.
  I don't think that makes for good policy.
  We also know if you look at block grant funding, it historically 
declines. In 1981, we created block grants from some education 
programs, and a few years later those programs declined significantly 
by 12 percent. That is an example of what happens when we put things in 
a block grant. The support for the programs dissipates over time. We 
will find ourselves, particularly if we encounter a difficult budget 
year at the Federal level, where this block grants approach does not 
yield the kind of resources upon which States have come to rely.
  We have a lot to do to ensure our education money is spent well, 
spent wisely. I think we have taken appropriate action over the last 
decade to ensure accountability--not just for financial resources but 
also for outcomes, for student progress. We have to continue that. We 
certainly don't want to go back to the days when school systems, 
particularly in the late 1960s, were spending this money willy-nilly 
because there was no accountability. We have examples replete from 
programs I mentioned before.
  In the late 1960s in Claiborne Parish, LA, they were building outdoor 
swimming pools. In Benton County, MS, title I funded a 6-week course in 
homemaking for 11th- and 12th-grade black girls at the old Salem 
School, an all-black school. The homemaking course was conducted in 
private homes 3 days a week for 4 hours each day. At the same time, at 
the white high school, they were providing a summer school program in 
English. A report done at the time suggested the young black women were 
essentially being trained to be domestics, while the title I white 
children were being trained how to read.
  That might be a relic of history which in the new century is a quaint 
anachronism, but it shows in particular places with particular 
pressures, unconditional block grants could lead to results of which we 
would not be particularly supportive. I think we can do better than 
that.
  I do not suggest this was a phenomenon in one region of the country. 
In Massachusetts, in the same report, although they had a significant 
minority population in the Boston public schools, they were turning 
money back because they could not use this title I money. That suggests 
to me, if they didn't want to use it, they didn't want to engage in a 
serious way to improve every student's output.
  We have before the Senate an opportunity not to avert our attention 
and our efforts from school improvement, not to walk away from public 
education, but rather to engage in a serious debate of how we can 
improve existing Federal programs, how we can infuse these programs 
with more purpose, how we can go ahead and prevent local pressures and 
local priorities from overcoming what should be a national priority--
improving the education of every child in this country.
  I look forward to this debate as it ensues. I look forward to 
ensuring we have a vigorous debate on our policy. In the course of this 
debate, we will offer amendments to try to improve the legislation. I 
hope we will enter this debate recognizing what we have done over the 
last decade, the fact that progress is being made, the fact that this 
progress is insufficient, which should cause us not to abandon our 
approach but to strengthen, reform, and improve it.
  I ask unanimous consent to recognize Senator Murray after Senator 
Bunning gives his statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  In accordance with the previous order, the Senator from Kentucky is 
recognized.
  Mr. BUNNING. Madam President, this week we begin the debate on the 
Elementary and Secondary Education Act, probably the most important 
Federal program dealing with education in the Nation.
  The Program needs to be reauthorized and that gives us several 
options. We can tinker around the edges, make a few changes, put more 
money in the pot, and maintain the status quo, or we can use this 
opportunity to reform the program and try to make it better.
  As far as I am concerned, if you look back over the past 35 years, 
the choice between these two options is fairly clear.
  Since 1965, the Federal Government has spent more than $120 billion 
on title 1, the largest Federal education program at meeting the needs 
of disadvantaged students. Despite this tremendous amount of money, the 
performance of disadvantaged students continues to decline--77 percent 
of children in high-poverty urban schools are reading ``below basic.''
  Test scores of 12th graders in math, reading, and writing have 
remained stagnant or have declined over the last 30 years. Fourth grade 
students in high-poverty schools remain 2 grade levels behind their 
peers in low poverty schools in math. In reading, they remain 3 to 4 
grades behind. The achievement gap is now widening instead of closing.
  Half the students from urban school districts fail to graduate on 
time, if at all. Seven thousand schools are failing according to 
current accountability standards. Many have been failing for 4 to 6 
years, some have been failing for as long as 10 years. These schools 
continue to receive Federal funds.
  It is clear that the Federal education effort is failing, and it is 
equally clear that our schools around the Nation are forced to pay a 
heavy penalty for the Federal funds they do receive.
  Burdensome regulations under the current Federal system have a heavy 
price tag. We keep talking about the need for more teachers but fewer 
than 50 percent of the personnel employed in 1994 were teachers. 
Because of unnecessary Federal regulations, administrative staffs 
continue to grow every year. Compliance with Federal rules and 
regulations cost States millions of dollars, and millions of man-hours 
each year.
  The Federal Government only provides somewhere between 5 and 7 
percent of local school funding, but it demands as much as 50 percent 
of all school paperwork. That means 49 million hours--or 25,000 
employees working full time--are spent each year working on redtape and 
paperwork--not educating children.
  Based on the facts, it is patently clear that status quo is not 
enough. We need to reform, we need to overhaul this Federal education 
program. It is not working the way it is supposed to be. It is not 
getting the job done. And the bill before us this week does include 
some major reforms.
  This bill takes up where the Ed-Flex bill that we passed last year 
left off. It would increase flexibility and local control, allowing 
educators and teachers and parents to make the decisions about local 
education needs rather than Federal bureaucrats.
  What would best serve the students in Louisville, KY might not be the 
same thing that is needed in Williamsburg. Individual communities have 
different needs. Individual school districts differ--and their needs 
differ.
  We need to give local educators and parents the freedom and the 
flexibility to develop local solutions to local needs without 
handcuffing them to one-size-fits-all solutions designed in Washington.
  We clearly need to reduce the cost of compliance with Federal 
regulations so that the money we provide actually makes it to the 
classrooms instead of being frittered away on paperwork and regulation. 
We need to let teachers teach, and school administrators and parents 
design programs that work. This bill does just that in several 
important ways. Flexibility, accountability, and portability.
  It includes a 15-State demonstration project called Straight A's 
which would give States that choose to participate considerably more 
flexibility in how they use Federal funds. It would allow States to 
consolidate up to 12 Federal formula grant programs and integrate that 
Federal money with State and local funds to serve their children.
  This bill would also establish ``performance partnerships'' that all 
the

[[Page 6234]]

States could participate in. It too, would offer States greater 
flexibility in how they spend Federal education funds in exchange for 
accepting new accountability standards.
  This bill also contains provisions which would exempt small, rural 
schools with small student populations from several formula grant 
program requirements and give them the flexibility to target Federal 
funds so that they best meet school district's needs. But hand in hand 
with flexibility, there must be accountability. These new programs 
established in this bill require that in exchange for this added 
flexibility, the schools must meet certain standards. They must get 
results. This bill would reward States that close the achievement gap 
between the highest and lowest performing groups of students.
  States not the Federal Government, would have to establish specific 
goals for improving performance of all students, and parents could find 
out whether their children's schools were meeting those goals because 
States and local school districts would be required to issue report 
cards on school performance. We have that in Kentucky, thanks to 
educational reform. I think parents around the Nation deserve to know 
which schools are educating children and which are failing.
  Finally, this bill gives parents an opportunity to do something about 
it, if their children's school is not getting the job done. It gives 
them an opportunity to send their children to a different school--one 
that is getting the job done. This bill creates a demonstration program 
which will allow States to make title I funds portable--so that the 
money follows the student. Too many disadvantaged children are trapped 
in failing schools. This bill would allow children to escape.
  The bill requires a school district to offer any child enrolled in 
title I school that has been designated as failing for 2 years, the 
option of transferring to another higher performing public school.
  Flexibility, accountability, and portability--these three elements 
are essential ingredients of the kind of reform that is necessary and 
all three of them are incorporated in this legislation.
  I urge my colleagues to support this measure. The status quo is not 
working. It has proven that red-tape and regulation are not the 
answer--that more money alone is not the answer.
  Let's try something new: flexibility to let our teachers teach; 
accountability to require our schools to get results; and portability 
that will give parents more control of their children's education.
  I congratulate Senator Jeffords and his staff and the committee for 
the great work that they have done on this bill. As we debate this 
legislation over this week, and probably into next, I want everybody to 
come to the floor and debate the issues that are in this bill because 
this bill is good for kids' education, and that is what the money we 
send back to the States should be used for. I yield the floor.
  Mr. JEFFORDS. Madam President, I thank the Senator for his excellent 
statement. I know Kentucky has been a leader in this field. I 
appreciate Senator Bunning sharing his experience.
  The PRESIDING OFFICER (Mr. Fitzgerald). The Senator from Washington 
is recognized.
  Mrs. MURRAY. Mr. President, today we are beginning a vital education 
debate. It is a debate in which every student, educator, and parent has 
a stake. Schools across America are making progress, but we cannot be 
satisfied with the status quo. We need to build on that progress.
  As we begin this debate, I am optimistic. We have the opportunity to 
help students across our country. We have the opportunity to invest in 
things we know work and to make sure every student can reach high 
standards.
  I am optimistic, but I am also realistic about the way the majority 
has handled education this year. While I thank Chairman Jeffords for 
his genuine continued efforts to keep this a bipartisan process, I have 
to be realistic because, in the end, this has been a sharply partisan 
process, and the bill before us proves just that.
  In committee, I worked with my Democratic colleagues to improve this 
bill, to make sure we kept our commitment to reduce overcrowded 
classrooms and to make sure that vulnerable students were protected. 
Unfortunately, my amendments, along with most of the Democratic 
amendments, were defeated on party-line votes. As a result, this bill 
is a flawed bill, and it will hurt students, but one would never know 
it by listening to its authors. I urge my colleagues and everyone who 
cares about public education to listen carefully to what you hear the 
Republicans say in this debate and also to listen for what you do not 
hear them say.
  The rhetoric the proponents of this bill are using does not match the 
reality of the bill. First, they talk about local control, even though 
this bill reduces the control of local educators by giving all the 
choices to State bureaucracies. They will talk about local control, 
even though their bill adds an extra level of bureaucracy.
  Next, they will talk about flexibility and suggest that Federal 
dollars are not flexible, but education dollars, such as the title I 
program, today--right now--give local educators great flexibility. In 
fact, one could walk into a dozen title I schools and no two schools 
will be doing the same thing with that money because this program today 
is flexible. Decisions at the school and district level are being made 
today.
  We will hear them talk about accountability, even though their bill 
would experiment with students' futures for 3 years before there is any 
measure of accountability. That is 3 full years where kids will fall 
behind.
  Finally, they talk about helping poor students, even though their 
bill eliminates--eliminates--the guaranteed funding those students rely 
on today. My colleagues will hear them talk about things that are much 
different from what their bill actually does. Their rhetoric does not 
meet the reality of this bill.
  Just as important, there are many things my colleagues will not hear 
them say. They will not talk about funding cuts, but as history has 
shown, when specific programs are combined into a block grant, they end 
up with fewer resources. Block grants will mean fewer dollars for the 
classrooms next year.
  They will not talk about how their bill will cut the lifelines that 
target funding to students who are homeless or neglected or of migrant 
workers.
  They will not talk about how their bill will let public taxpayer 
dollars be diverted to private and religious schools.
  They will not talk about those things, but those are the consequences 
of this bill. Their bill goes in the wrong direction, and students are 
going to lose out.
  Instead of making sure that every student has a chance to reach high 
standards, the Republican proposal before us makes it easier for kids 
to be left behind. Instead of ensuring we reduce class size, the 
Republican proposal abandons our national commitment to give students 
less crowded classrooms.
  Instead of making a national commitment to improve teacher quality, 
the Republican proposal fails to provide funding for professional 
development.
  Instead of ensuring that we invest in the things we know work, the 
Republican proposal abandons accountability, writes a blank check to 
State legislatures, and hopes for the best.
  That is not a responsible education policy. That is throwing their 
hands up in the air and walking away from proven methods for helping 
our students achieve. The Republican proposal goes in the wrong 
direction, and it will leave students behind.
  I have been traveling around the State of Washington meeting with 
parents, students, and educators. I have visited high-poverty title I 
schools, and I have visited school districts large and small. As I have 
been able to discuss how these policies will actually affect what is 
happening in the classrooms, almost every single local educator has 
urged me to fight this approach because they know it will hurt their 
students.

[[Page 6235]]

  I have come to the Senate floor today to show the American people 
what is at stake because they have a clear choice on how to improve 
education. On the one hand, we have Democrats who know that, while some 
schools are making great strides, we cannot be satisfied with the 
status quo. We believe the way to improve public schools is to invest 
in the things we know work, the things that are proven to help kids 
learn the basics in a safe, disciplined environment.
  We believe we should make a commitment to reducing class size by 
hiring more teachers, improving teacher quality, making sure we have 
safe and modern school facilities, and making sure children have safe 
educational opportunities after school.
  Educators, parents, and students themselves have told us these are 
the programs that make a difference in their classrooms, and that is 
why we want to make sure there are specific dollars behind those 
programs. That is what the Democrats are offering.
  Republicans go in the exact opposite direction. They say we should 
have no priorities. They do not want to make any commitment to the 
programs we know work. They do not want to make sure every student in 
every part of this country can benefit from smaller class sizes and 
improved teacher quality. It is as if Republicans have forgotten the 
history of our national education policy, and by ignoring that history, 
they are making the same mistakes again and moving us back to a time 
when there was less equality in education.
  One of the reasons this legislation was passed in 1965 was to ensure 
that every single child had great educational opportunities. 
Unfortunately, before the Federal Government became a partner in 
education, too many young people did not get the educational resources 
they deserved. That is why, in 1965, the Congress and the President 
enacted this monumental legislation, the Elementary and Secondary 
Education Act, which we are debating today, to focus resources on the 
students who were left behind and to help us set and meet national 
priorities.
  We are making progress in improving America's schools. More students 
are staying in school and taking challenging courses today. SAT and ACT 
scores are up, dropout rates are lower today than they were 20 years 
ago, and college attendance is at an all-time high, and is increasing 
for all students, especially minorities.
  We are making progress but we can't be satisfied with the status quo. 
But today, some in Congress want to risk letting vulnerable students 
fall through the cracks.
  So as we reauthorize this legislation, we must stay true to its most 
basic principle--that no child is left behind. But as we worked in 
committee on this legislation, I watched as the majority moved away--
far away--from that very basic principle.
  I would like to mention that--according to the Republicans--the 
Straight A's part of their bill is based on the policies of one State. 
And guess which State it is. It is Texas.
  Now I happen to like the State of Texas, and I know Texas educators 
are as good as any in America. But there is only so much they can do 
with the bad policies they have been given.
  After all, Texas ranks 45th in SAT scores. That is at the bottom of 
the pack. In Texas, minorities are twice as likely to drop out of 
school as white students. Texas schools have some of the Nation's 
highest dropout rates--which, by the way, makes the test scores of the 
remaining students look higher. Texas, after all, is a State that 
doesn't even require kindergarten. A recent Washington Post article 
noted that many education experts have concluded the ``Texas Miracle'' 
is more of a mirage.
  We should base our national education policy on the things that we 
know work around the country--drawing success stories from educational 
innovators in every corner of the Nation. And we can do better than the 
one state the Republicans chose to highlight with this bill.
  I would like to spend a few minutes talking about what these 
Republican block grants will mean for students because block grants 
could hurt America's most vulnerable students.
  Today, many Federal education dollars are targeted to the students 
who need them the most. This ensures that money intended for poor 
students actually goes to poor students. It is a responsible, 
accountable way to meet the specific needs of students who would 
otherwise likely be left behind.
  But the block grant proposal before us would allow those dollars to 
be used for any educational purpose--completely abandoning the 
targeting that ensures poor students get the help they need.
  Recently, here on the Senate floor, one of my colleagues described 
the requirements that Federal dollars can only be used for specific 
purposes--as ``strings.''
  Let me read you his entire quote, He said:

       On the other side of the aisle, they want to have a string 
     running from every desk out to every classroom in America; 
     30,000 strings running off the desks, and pull a string here 
     and there so every classroom in America has to fall into 
     exactly what we outline in Congress.

  My colleague calls the targeting of these dollars ``strings.'' I 
served on a local school board. I think it is a good thing that hard-
earned taxpayers dollars intended for a specific purpose actually go to 
that specific purpose. It is responsible, and it is accountable.
  Now I do agree that some Federal programs require too much paperwork 
and that we can't accept the status quo in education--but the overall 
idea that money intended for kids in need actually goes to kids in need 
is vital.
  Let me give you an example. Recently, my office received a letter 
from Brenda Pessin. She directs a program that helps students who are 
migrant workers. These students rely on Federal education dollars 
targeted to meet their needs. Ms. Pessin--as director of the ESTRELLA 
program of the Illinois Migrant Council, wrote to me:

       After many years of working on the program, I can say 
     without question that it is truly a lifeline for migrant 
     children and their families. There is simply no way that the 
     essential services provided by the program to this special 
     population--with such unique needs--will be continued under a 
     block grant.

  My colleague calls them ``strings.'' But according to Brenda Pessin--
who sees every day how these programs help vulnerable students--they 
are ``lifelines.'' I am inclined to listen to Ms. Pessin.
  I want everyone to understand what these proposed block grants would 
do. They would cut the lifelines to vulnerable students.
  Let me say that again. Block grants would cut the lifelines to 
vulnerable students.
  If you look at this chart, shown here is a targeted Federal education 
dollar. It is surrounded by some of the services it guarantees for 
vulnerable students.
  Shown here is an uncrowded classroom.
  Shown here is transportation so homeless students can get to school.
  Shown here is money targeted for technology training.
  Shown here is extra time and attention from a qualified teacher.
  And over on this side of the chart is shown two real students who 
depend on these programs and who represent hundreds of thousands of 
other students.
  Shown up on top of the chart is Nikki. Nikki is an 8th grade student 
in Pennsylvania who is homeless. She is normally an A and B student but 
she was falling behind in two classes and at risk of failing 8th grade.
  Fortunately, today we have a lifeline--shown right here on the 
chart--going to homeless students. It is called the Education for 
Homeless Children and Youth program. It is money the Federal Government 
sends to States with the requirement that it be used to help homeless 
students. This program provided the funding Nikki needed to get extra 
help in the classroom and to buy the school supplies her family 
couldn't afford. You know what. Today she is doing much better in 
school.
  Nikki is not alone. There are between 600,000 and 1 million homeless 
students nationwide. Most States and localities provide no money for 
homeless education. In fact, currently the Federal

[[Page 6236]]

Government only provides enough money to serve 37 percent of homeless 
students.
  So right now we are not doing enough to help these vulnerable 
students, but at least today we know that the dollars targeted to 
homeless students are homeless students.
  If that targeting was taken away--and that money could be used for 
anything else--who knows how students like Nikki would get help?
  Block grants would eliminate the guarantee we make to Nikki right 
now. Now I am not suggesting that States would misuse the money--but 
wouldn't you rather keep our commitment to Nikki?
  Wouldn't you rather know that--no matter what happens--the Nikki's of 
America won't be left behind?
  We know that before we had a Federal commitment, homeless children 
were left behind.
  That is why I am fighting to keep our commitment that money for 
homeless students should go to homeless students.
  Block grants would cut this lifeline to Nikki and the more than half 
a million homeless students like her.
  Down here on the chart is shown Ancelmo. Ancelmo is just finishing 
high school in the Yakima Valley in Washington State. When Ancelmo was 
growing up, his parents were migrant workers. They moved around several 
times a year in search of work, and Ancelmo had to change schools every 
time his family moved. Just as Ancelmo started to make a connection 
with a teacher, and began to feel comfortable with his classmates, he 
was moved away to another school, in another town--through no fault of 
his own.
  Unfortunately, sitting in a classroom is not always an option for 
migrant students like Ancelmo. As they grow older, their families begin 
to rely on the work they can do. Many migrant students join their 
parents in the field--working long hours to help make ends meet. 
Students like Ancelmo are trapped. His family needed him in the field, 
but he needed to be in the classroom so he could get a good education 
and improve his life and his family's life.
  Fortunately, today, we have a lifeline going to migrant students like 
Ancelmo. Thanks to the federally funded Migrant Education programs, 
Ancelmo could travel from town to town or State to State and his 
academic and immunization records followed him.
  Thanks to Federal funding, many States have established a system of 
interstate collaboration to help migrant students meet the high 
academic standards. Without this collaboration, migrant children are in 
danger of falling further behind.
  Thanks to federally funded Migrant Education programs, Ancelmo has 
been able to follow his dream of working with computers. He had to 
overcome a lot of barriers--like learning to speak English, and staying 
at school long hours to have access to a computer. But today--you know 
what?--Ancelmo has achieved his goal, and he serves as the computer 
technician for his entire school. Ancelmo hopes to go on to become a 
telecommunications specialist.
  Thanks to federally funded Migrant education programs, teachers were 
able to work directly with Ancelmo and address his specific needs as a 
migrant student. He was not lost in the shuffle. Because of this 
attention to his specific needs, he learned quickly and gained 
confidence in his abilities.
  Ancelmo is now a great asset to his community. He is a leader in 
church programs. He has served as captain of his football, baseball, 
basketball and soccer teams. He volunteers in the Big Brothers, Big 
Sisters program. He takes time to talk to children about staying away 
from drugs, and he spends his summers as a peer leader for other teens.
  One of the reasons we need a national commitment to migrant students 
is because they move from town to town and State to State. I would hate 
to think of what would have happened to Ancelmo if his family had moved 
him to a State where there was no guaranteed funding for migrant 
education. That would have hurt not only Ancelmo, but the other 
students in his class who would be forced to do more with less.
  Ancelmo's entire community would have lost out on his talent and 
leadership as well because there would not have been any guarantee that 
his schools would address his specific needs as a migrant student. He 
would have fallen through the cracks.
  Ancelmo is not alone. there are 718,000 students nationwide who 
depend on the Migrant Education Program.
  A block grant would eliminate the guarantee we make to students such 
as Ancelmo. Now, I am not suggesting that States would misuse the 
money, but wouldn't you rather keep a commitment to students like 
Ancelmo?
  Wouldn't you rather know that no matter what happens, these students 
won't be left behind?
  That's why I'm fighting to keep our commitment to vulnerable 
students.
  Block grants would cut this lifeline to 718,000 students like 
Ancelmo.
  Look at these kids. They are cut off from the lifelines that meet 
their specific needs. That's what happens to them when block grants are 
imposed on them. Their lifelines to vital services are cut, and they 
are more likely to fall through the cracks.
  So at the heart of this education debate is a simple question: do you 
want to make sure that Federal dollars are guaranteed to go to the 
students who need them the most? Or do you want to take a chance?
  Do you want to cut students' lifelines to success?
  Unfortunately, some of my colleagues say those dollars should not be 
tied to specific programs, including these programs that make sure 
money gets to students who are homeless and migrant.
  Some Members of the Senate would even let public school dollars be 
drained away into private schools.
  Let me be clear: A block grant can't educate a single child. A block 
grant can't teach a child to read. A block grant can't help a single 
child learn the basics.
  But a committed investment in the things we know work, such as 
improving teacher quality and reducing class size, those specific 
things can teach children to read. We should be investing in the things 
we know work, not experimenting with block grants.
  We have a positive plan to invest in the things we know work. The 
first step is to make sure that disadvantaged students don't lose out.
  The simple question is, is it worth keeping the guarantees to these 
students? I think the answer is clear. I think Nikki and Ancelmo would 
tell you: Don't cut the lifeline we depend on.
  Unfortunately, students like Nikki and Ancelmo--and their parents--
don't always show up at school board meetings. They don't show up in 
their State capital or here in Congress to say, Don't cut this program. 
So we've got to be their voice and speak out against the block grants 
that will cut their lifelines.
  Mr. President, that is only one of the problems with the Republican 
proposal. Another major problem with block grants is they mean less 
money for the classroom. Right now, Republicans want you to believe 
that they will keep the same amount of money available for education. 
But when those dollars are combined into a block grant, we know they 
will be cut.
  Block grants mean less money for the classroom. You see, block grants 
are not a new idea. They are an old and failed policy. One of the 
reasons block grants don't work is because they don't serve a specific 
purpose. And when there is not a clear purpose, it is hard to make 
progress toward a goal.
  That is why education policy today is targeted. We have programs that 
are focused on poor students, on gifted students and on reducing class 
size.
  But Republican block grants have no specific purpose. In effect, 
they're just a blank check. And the trickiest part about block grants 
is they have a history of shrinking. Here in Congress, we have many 
examples of programs that were turned into block grants. And once they 
were turned into block grants, they were squeezed and cut every year.
  Let me give you an example. Title VI is an education program that 
funds innovative education programs including

[[Page 6237]]

programs to increase local flexibility, reduce administrative burdens, 
and provide services for private school students.
  In 1982, Congress provided about $708 million. But that year, Title 
VI was turned into a block grant and over time its budget was cut again 
and again. By 1999, funding for this program had been cut by 50 
percent, chopped in half. That's fewer dollars for the classroom after 
it was turned into a block grant.
  In contrast, other education programs that weren't turned into block 
grants were increased, such as education technology and Title I. But 
this one, which was turned into a block grant, was squeezed. That's 
what we can expect out of block grants.
  And the consequences of these block grants will be felt in classrooms 
across the country. Kids will get fewer resources. That means that 
classrooms across the country would be overcrowded. New schools won't 
be built, and teachers won't get the training they need.
  Anyone who votes for a block grant is saying: I know that under block 
grants, students will end up with less money, and that's OK with me.
  I'm here to say that is not OK. We can't let block grants be used to 
cut education funding.
  Mr. President, in addition to cutting the lifelines to vulnerable 
students and cutting education funding, block grants would reduce 
accountability.
  Parents, teachers and all taxpayers want to know where their hard-
earned tax dollars are going.
  Today, we know where Federal education dollars are going. And today, 
we know they are targeted to the students who need them most. The block 
grant proposal contained in the ESEA bill would eliminate that 
accountability, and I'm on the floor to say we must keep our education 
budget accountable.
  Unfortunately, block grants provide no accountability for where 
education dollars are going. Block grants provide no accountability to 
ensure those dollars are targeted to our most vulnerable students. And 
block grants provide little or no accountability for student 
achievement.
  In fact, the Republican proposal would engage a risky, three-year 
experiment--an experiment that is not based on any proven strategies--
all with the hope that 3 years down the road, students will not have 
fallen behind.
  Let me be clear about one thing: While many schools are making 
dramatic gains, we cannot be satisfied with the status quo. We need to 
make sure all students are achieving at high standards.
  So the question is: What's the best way to improve public education?
  After my own experience as an educator, a parent and a school board 
member, I've seen that making an investment in the things we know 
work--reducing classroom overcrowding and improving teacher quality--is 
the way to improve public education.
  Today, the Federal Government provides only 7 percent of all 
education funding. The Federal Government's role is small. But we 
Democrats want to make sure that every one of those Federal dollars are 
going where they will help students the most. That means making sure 
they remain targeted to vulnerable students and investing in reducing 
class size, improving teacher quality, helping school districts build 
new schools and modernize old ones, and closing the digital divide.
  Even though the Federal Government only provides 7 cents of every 
education dollar, we know where that money goes.
  We can tell parents how many children are being helped by specific 
programs. This chart shows how many students are served by specific 
programs and who will lose under the block grant provisions of S. 2.
  For example, who will lose? Mr. President, 12.7 million children in a 
title 1 program; 71,300 parents and students, or 32,000 families, will 
lose in the Even Start Program; 197,000 students in the Neglected and 
Delinquent Youth Program; Class Size Reduction Program, 29,000 teachers 
and 1.7 million children. The list goes on.
  Under all of these programs, we see millions of real students who are 
going to lose out under block grants.
  Republican block grants would take all of these vital programs, pool 
the money together, and then write a blank check to the States, with no 
accountability. Today, we know where our tax dollars are going. But 
under block grants, we could not even tell taxpayers where their money 
was going. That is not responsible accounting budget, but that is the 
approach the Republicans are taking.
  The other side thinks Federal dollars should not be targeted to meet 
specific needs. But many educators have told me that if these dollars 
were not targeted, the kids who need them the most would not get them.
  Block grants provide no focus on proven, effective strategies to 
improve schools. States could even start private school vouchers that 
would drain funds away from public schools, where 90 percent of the 
students are enrolled. They would take the money from these programs 
and they could use it for that under this bill.
  When it comes to accountability, Federal education dollars are seven 
times more targeted to poor students than State and local dollars. That 
targeting ensures that poor kids have the resources they need.
  Unfortunately, the first thing block grants will do is eliminate that 
targeting. It's not hard to predict the results--poor students will end 
up with fewer resources.
  Today, we know money is targeted to poor children. We have 
accountability. Under block grants, we don't know. There's no 
accountability to meet the needs of poor students.
  Next I'd like to turn to student achievement because, unfortunately, 
the Republican block grant proposal requires little or no 
accountability for better student achievement. The bill does not define 
what, if any, consequences schools would face if they fail, nor does it 
specify when failing schools would face consequences.
  A state would be free to ignore failing schools and the disadvantaged 
students who attend them. Only after 3 years are states held 
accountable for educational results. And even then, the accountability 
is weak--it just says that states must follow the underlying law. By 
that time, students have lost three critical years of learning.
  Mr. President, this Republican Congress would take students across 
the country on a three-year experiment that is not based in proven, 
effective strategies, that will cut the lifelines to vulnerable 
students, and that will mean less money for the classroom, and less 
accountability to taxpayers. That's not a sound education policy--
that's a disaster waiting to happen.
  Under the Republican experiment, there will be no guarantee that 
money for poor students will go to poor students. Under their 
experiment, there will be no guarantee that money will go to the proven 
strategies that help students.
  They would have us experiment like that for three years, and then 
we'll see what happens to the students. Anyone looking at that proposal 
can see poor kids are going to fall behind when resources are no longer 
targeted to them.
  Democrats want accountability in education programs. We think we need 
to be able to tell taxpayers where their hard-earned tax dollars are 
going. We think we need to be able to tell taxpayers their money is 
being targeted to the most critical needs. And we think we need to be 
able to show taxpayers that students are improving. And we don't think 
we can take three years of a child's education and experiment with that 
critical time, when students need to master the building blocks of 
learning.
  Today, we know where tax dollars are going. Under block grants, we 
don't know.
  Today, we know money is targeted to critical needs. Under block 
grants, we don't know.
  Today, we know public tax dollars will stay in public schools. Under 
block grants, we don't know.
  Under the Republican bill, we would experiment for three years and 
hope students don't fall through the cracks.
  That's why we're against this proposal. Democrats want to keep our 
education dollars accountable. I urge my

[[Page 6238]]

colleagues to reject block grants and stand up for accountability.
  So, Mr. President, that's the Republican agenda: block grants and 
vouchers, cutting lifelines to vulnerable students, less money for the 
classroom, and less accountability to taxpayers.
  Parents, teachers and students have told us that agenda won't help 
all students reach their potential. They want us to invest in the 
things they know make a difference in the classroom--proven, effective 
strategies like reducing overcrowding.
  Two years ago, we agreed on a bipartisan basis that we would help 
school districts hire 100,000 new, fully-qualified teachers to reduce 
classroom overcrowding.
  This year, 1.7 million students across the country are learning in 
classrooms that are less crowded than they were the year before. These 
students are learning in classrooms where teachers can spend more time 
teaching, and less time dealing with discipline problems. These 
students are getting the individual attention they need to learn the 
basics.
  During the upcoming debate, I plan to offer an amendment to this bill 
to authorize the class size reduction program. This program has been so 
successful and we should authorize it so that it can help every student 
in this country reach high academic standards.
  Throughout my state I've heard from superintendents, principals, 
teachers, and parents that reducing class size is really making a 
difference. We can't abandon this commitment to our schools!
  Don Worley, of Kettle Falls Elementary School in Washington State 
recently told me:

       The class size reduction program is one of the best things 
     for kids from the federal government in a long time--reading 
     scores are up and this is really making a difference.

  I ask my colleagues on the other side of the aisle, why would you 
want to abandon an effort like this when it's really making a 
difference?
  The first grade teachers at Eisenhower Elementary School in the 
Vancouver School District recently sent me a list of how smaller class 
size is making a difference in their school.
  They said the following things--
  ``Each student receives significantly more one-on-one help for 
academics and behavior.''
  ``More curriculum is covered in all areas.''
  ``Students are leaving the classroom with the ability to read.''
  ``Students have less ``wait time'' for all kinds of teachers 
responses.''
  ``More time is available to really get to know the student.''
  And ``less paperwork leaves more time for students.''
  Those are the words of teachers, who are telling us this is making a 
difference.
  That's why I plan to offer an amendment that would provide $1.75 
billion to our schools to reduce class size in grades 1 through 3.
  This amendment will target the money where it is needed within 
states, and 99 percent of the funds will be disbursed directly to local 
school districts on a formula which is 80 percent need-based, and 20 
percent enrollment-based.
  The class size reduction program will ensure local decision-making 
and flexibility. School districts can use all funds to reduce class 
size, or use up to 25 percent for other needs.
  Any school district that has already reduced class size in the early 
grades to 18 or fewer children can use funds: to further reduce class 
sizes in the early grades, to reduce class size in kindergarten or 
other grades, or to carry out activities to improve teacher quality, 
including professional development.
  In small districts where the funding level is not enough to hire a 
new teacher, districts can choose to spend the funds on other 
activities, such as professional development, recruitment, testing new 
teachers, or providing professional development to new and current 
teachers of regular and special needs children.
  Mr. President, if you look just in my state at how different school 
districts are using their class size money, you can see how flexible 
the program is.
  In Washington, the North Thurston School District is using all of 
their money to hire teachers to reduce class size. At the same time, 
the Pomeroy School District, which is a rural district in Eastern 
Washington, used 100 percent of their funding for professional 
development for their teachers. The Seattle School District even used a 
portion of its funding to recruit teachers.
  The class size reduction program is simple and efficient. School 
districts fill out a one-page form, which is available on-line.
  And let me just add that teachers have told me that they have never 
seen money move so quickly from Congress to the classroom. Linda 
McGeachy in the Vancouver School District recently said: ``the language 
is very clear, applying was very easy, and these funds really work to 
support classroom teachers.''
  Mr. President, I've worked as an educator, and I know it makes a big 
difference if you have 18 kids in a classroom or if you have 25 or 30 
kids in a classroom. Smaller classes provide a better environment for 
kids to learn the basics with fewer discipline problems.
  And smaller classes are an example of how Democrats are making a 
commitment to improving public education.
  Republicans won't make that commitment, and the American people are 
going to get to decide which approach will help students more.
  We believe that we should put our money behind the things that local 
educators tell us produce results. We believe that we should keep our 
commitment to vulnerable students. We believed that we should keep 
education dollars accountable. And we believe that we shouldn't let 
block grants shortchange students.
  If you agree that we can't turn our backs on vulnerable students and 
critical needs, if you agree that we can't break our commitment to the 
things that are improving America's schools, and if you agree that we 
can't let block grants cut education funding and hurt students, I 
invite you to join our effort--along with thousands of parents and 
educators across America--to reject block grants and finally make a 
real, national commitment to the strategies that are revolutionizing 
America's schools.
  Join us in this effort--let your Senators know they should reject 
block grants and instead support smaller class sizes, safe and modern 
schools, and high-quality teachers. Students across America are 
depending on it.
  Mr. JEFFORDS. Mr. President, I thank the Senator from Washington for 
sharing her valuable experiences with us and for her statement.
  I believe we have one more speaker who desires to speak before we 
close out. I ask that she be recognized.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mrs. LINCOLN. Thank you, Mr. President.
  I rise today, as have others, to talk about an issue of paramount 
importance to this Nation, and possibly the most important issue we in 
the Senate will face this year--how we educate our children.
  I only hope that we in the Senate are big enough to rise above the 
partisan politics to get results on behalf of our children. We in the 
Senate have a difficult task before us of passing legislation that 
reauthorizes the Elementary and Secondary Education Act which 
determines how the Federal Government allocates money to our public 
schools.
  Unfortunately, all signs to date point to yet another political 
stalemate on an issue of vital importance to our nation and its 
children. Once again, Mr. President, we face the real possibility that 
the Senate will abandon its responsibility to govern and choose 
partisan politics over sound public policy.
  I reject this proposition because our children deserve more from 
their elected officials. In hopes of fostering a compromise on this 
contentious issue, I have joined with a group of my moderate Democratic 
colleagues here in the Senate to promote a ``Third Way'' on ESEA, one 
that synthesizes the best ideas of both sides into a whole new approach 
to federal education policy.

[[Page 6239]]

  We're calling this bill the ``Three R's'', and it is a bold effort at 
streamlining massive Federal education programs and refocusing them on 
raising academic achievement.
  At its core, this blueprint will give more funding and flexibility to 
states and local school districts, in exchange for greater 
accountability.
  In addition to being smart national policy, the Three R's proposal 
would dramatically improve education in my home state of Arkansas.
  As I noted earlier, the Three R's bill significantly increases the 
federal investment in our public schools and carefully targets those 
additional dollars to the neediest public schools.
  As my colleague who spoke before said, there are those out there who 
we cannot just leave to chance.
  Statistics consistently demonstrate that, on average, children who 
attend low-income schools lag behind students from more affluent 
neighborhoods.
  This is certainly true in Arkansas where the most recent test results 
indicate that students in the economically prosperous northwest region 
of the state outperform students in the impoverished Delta . . . These 
results also indicate that the disparity in student achievement between 
minority and non-minority students in Arkansas continues.
  I believe strongly that every child deserves a high-quality education 
and that the federal government has a right to expect more from our 
nation's schools. But we also have a responsibility to give public 
schools the resources they need to be successful.
  Another aspect of the current education framework that affects 
Arkansas is the prevalence of competitive grant funding programs.
  Unfortunately, rural states--and especially rural school districts 
similar to where I grew up--do not have the resources necessary to be 
successful under a competitive grant system.
  Simply put, economically disadvantaged schools don't have the ability 
to chase after federal dollars as effectively as schools who can afford 
to hire professional grant writers. As a result, many of the schools in 
my state that most need financial support from the federal government 
are too often out of luck.
  Under the Three R's bill, federal funding is allocated based on total 
student enrollment and the number of low-income students in the 
district, not on the ability of savvy grant writers to draft proposals 
with graphs and color charts.
  Under our bill, Mr. President, these schools would be guaranteed 
federal funding which they could use to address their most pressing 
problems. And they will be held accountable; schools will be forced to 
make improvements or suffer consequences.
  Mr. President, we will certainly hear this week from people 
representing both sides of the debate about how to improve public 
education. But the question we need to ask: who is representing our 
children? Who is representing the thousands of young Americans who 
continue to underperform academically year after year in an educational 
system simply that does not work for the students who are left behind?
  As we go through this debate this is the question we must ask 
ourselves--what, honestly, is the best thing for our children?
  I say to my colleagues, you want accountability from local schools? 
Our proposal has it.
  You want more targeted, effective national investment? Take a look at 
our Three R's bill.
  Do you want qualified, better-trained teachers, flexibility at the 
local level and higher minority-student retention rates? We have the 
answers in this bill--a commonsense approach.
  Put party politics aside. The ``Three R's'' is the right approach to 
improve student achievement in every classroom.
  Congress must do all it can to help our schools meet the challenges 
they face today and will face in the future.
  We must do all we can to help our States and local school districts 
raise academic achievement and deliver on the promise of equal 
opportunity for all students. But I will say our most important 
responsibility is to our children and to their future.
  I thank my colleagues for their attention and patience this evening, 
and for all of the hard work that both of these two legislators have 
done in this field of education.
  I yield the floor.
  Mr. JEFFORDS. I thank the Senator for her help and participation and 
also for her statement.
  Mr. FRIST. Mr. President, the revolutionary idea that tomorrow might 
be better and that man can do something about it is distinctly 
American. At the heart of self-improvement is a quality education.
  The purpose of a system of public education is to give every child an 
equal opportunity for success in life whether his parents are rich or 
poor, black or white. In order to ensure that every student has a solid 
base of knowledge from which to build, we must have high expectations 
and hold schools accountable for the performance of their students.
  The American people and most members of Congress are in agreement 
that America's schools are not meeting this challenge. In fact, the 
longer our students attend school the further behind they fall in 
performance. More federal programs are not the answer. During the past 
three decades while student performance has stagnated, federal programs 
have proliferated. Today, our schools deny our children the basic 
principle of opportunity because they fail to adequately equip them for 
the future.
  What we need is the courage to change. America has always met the 
challenges posed to it with innovation, creativity and ingenuity. So 
far, in the education debate, we have been denied the opportunity to 
tap into this resourcefulness. As a consequence, our students have been 
short-changed by the focus on a top-heavy education establishment 
rather than on the quality of their education. Business-as-usual is 
failing our children.
  Unfortunately, for too long, our system of federal education programs 
has failed to provide all students with the opportunity for a quality 
education. We have left generations of students behind while we focused 
on inputs and rode the wave of education trend after education trend.
  First it was ``whole language,'' which has now been repudiated as a 
singular method for teaching reading. Unlike other subjects, we have 
firm, scientific evidence on how children learn to read and what 
techniques teachers can employ to ensure that children learn how to 
read by the 3rd grade. Instruction grounded in phonics has been shown 
to be the most effective means of reading instruction.
  The newest trend, the ``new, new math'' programs that the Department 
of Education has endorsed, have been repudiated for their ``serious 
mathematical shortcomings'' by 200 mathematicians and scientists, 
including four Nobel laureates.
  And all this because the federal government knows best.
  The response to stagnant test scores and a widening gap in 
achievement levels between poor and non-poor has been to spend more and 
more money on more and more programs--each targeted to address a 
specific purpose that the federal government has deemed most important.
  I learned through my work as the chairman of the Budget Committee 
Task Force on Education that there are approximately 552 federal 
education programs. The Department of Education administers 244 of 
these programs, and even if you count only those ``providing direct and 
indirect instructional assistance to students in kindergarten through 
grade 12,'' the GAO found that there are still 69 programs.
  Among these programs, overlap is pervasive. In my office, we call 
this chart the ``spider web chart.'' This chart, prepared by the GAO, 
shows that 23 federal departments and agencies administer multiple 
federal programs to three targeted groups: teachers, at-risk and 
delinquent youth, and young children. For early childhood, for example, 
there are 90 programs in 11 agencies and offices. In fact, one 
disadvantaged child could be eligible for as many as 13 programs.

[[Page 6240]]

  In addition, the effectiveness of many of these programs is doubtful 
or unknown. The GAO has expressed concern that the Department of 
Education does not know how well new or newly modified programs are 
being implemented, or to what extent established programs are working. 
The efficacy of Title I also remains uncertain.
  According to the National Assessment of Educational Programs, 77 
percent of children in high-poverty urban schools are reading ``below 
basic.''
  Test scores of 12th graders in math, reading and writing have 
remained stagnant or declined over the last 30 years and our 12th 
graders score near dead last in international comparisons.
  Fourth grade students in high-poverty schools remain two grade levels 
behind their peers in low poverty schools in math. In reading they 
remain three to four grade levels behind. Contrary to the original 
objectives the ESEA program was designed to address, the achievement 
gap is now widening.
  Half of the students from urban school districts fail to graduate on 
time, if at all.
  Seven thousand schools are failing, according to current 
accountability standards. Many have been failing for 4 or 6 years, in 
some cases even 10 years. Despite their long history of failure, these 
schools continue to receive federal funds.
  Lastly, it should come as no surprise that so many programs and so 
much confusion comes at great cost. Critics of the education 
establishment note that although federal funds make up only 7 percent 
of their budgets, they impose 50 percent of their administrative costs. 
As one concrete example, Frank Brogan, Florida's Commissioner of 
Education, has reported that it takes 297 state employees to oversee 
and administer $1 billion in federal funds. In contrast, only 374 
employees oversee approximately $7 billion in state funds. Thus, it 
takes six times as many people to administer a federal dollar as a 
state dollar.
  Brogan went on to say:

       We at the State and local level feel the crushing burden 
     caused by too many Federal regulations, procedures, and 
     mandates. Florida spends millions of dollars every year to 
     administer inflexible, categorical Federal programs that 
     divert precious dollars away from raising student 
     achievement. Many of these Federal programs typify the 
     misguided, one-size-fits-all command and control approach. 
     Most have the requisite focus on inputs like more regulation, 
     increasing budgets, and fixed options and processes. The 
     operative question in evaluating the effectiveness of these 
     programs in usually: How much money have we put into the 
     system?

  Cozette Buckney, Chief Education Officer, of the Chicago school 
system echoed the sentiments of many state and local officials:

       Excessive paperwork is a concern. Too many reports, the 
     time lines for some of the reports, the cost factor involved, 
     the administrative staff just do now warrant that kind of 
     time on task. That is taking from what we need to do to make 
     certain our students are achieving and our teachers are 
     prepared.

  Today, we have the opportunity to reverse these trends and to 
fundamentally reform our federal education system.
  Today, we are unveiling a plan that reflects the spirit of 
innovation. At the core of this innovative effort is the need to 
galvanize leadership at the state and local level and to hold this 
leadership accountable.
  The bill that we have before us here today is a good first step in 
that direction.
  We focus on student achievement, centering on children, quality 
teachers, school safety, flexibility, and local control.
  One, instead of inputs, our focus is on outputs--student achievement.
  We believe that federal programs should hold states and school 
districts accountable for closing the achievement gap that persists 
between low-income and non-low-income students and minority students 
and non-minority students.
  Many blame the achievement gap that exists between groups on 
demographic and socioeconomic factors. This is the soft bigotry of low 
expectations.
  Many schools and school districts with high populations of low-income 
students increased student performance. In San Antonio TX, over 75 
percent of the students are from low-income families at the Terrell 
Wells Middle School. The School increased student performance by 40% in 
reading from 49.2 to 89.9 percent performing at proficient levels and 
by nearly 60 percent in math within just one year 19.1 to 76.2 percent.
  Instead of sending states money year after year with no regard for 
results, we hold states and school districts accountable for the 
academic achievement of their students. Again, accountability is not 
focused on how schools and school districts spend the money, but how 
students perform as a result.
  Schools that succeed in educating children should be rewarded. 
Schools that fail again and again must be held accountable. And parents 
deserve to know which schools are educating children and which are 
failing.
  Accountability systems based on results raise the academic 
achievement levels of all students. Texas and North Carolina both have 
serious systems of accountability for teachers and schools, and not 
coincidentally, have been named two of the best performers in closing 
the achievement gap based on National Assessment of Educational 
Progress results.
  There is no excuse for failure. Principals of low-income schools 
throughout the country are proving that poverty is no excuse for 
failure.
  Two, S. 2 focuses on the child rather than the system. Parents, not 
school systems, should be empowered to make decisions about which 
school a child attends.
  It is wrong to compel a child to attend a failing school. Needy 
children must be given the opportunity to attend a high performing 
public school.
  In no other area of American society do we deny Americans the freedom 
to make choices that affect their well-being. Yet we require many 
parents to keep their students in schools which not only fail to 
educate them, but cannot even guarantee their safety.
  According to Arthur Levine, President, Columbia University Teachers 
College: ``. . . to force children into inadequate schools is to deny 
them any chance of success. To do so simply on the basis of their 
parent's income is a sin.''
  We must empower parents to choose what is best for their children 
and, as a consequence, to reform our nation's public education system.
  As John Dewey said, ``What the best and wisest parent wants for his 
child, that must be what the community wants for all its children. Any 
other ideal for our schools is narrow and unlovely; it destroys our 
democracy.''
  Children should no longer be trapped in failing schools. Parents of 
children in failing schools should have greater and more numerous 
opportunities to send their children to a higher performing school.
  Under the Title I system of accountability, over 7,000 schools have 
been identified as failing and that number is expected to grow. Of 
those 7,000 schools, many have been identified as failing for 4 years, 
6 years, some even for 10 years. Any and every child in one of those 
should be granted access to better schools.
  Three, S. 2 reflects the importance of quality teachers. According to 
Tennessee's very own Bill Sanders, a professor at the University of 
Tennessee, teacher quality has a greater effect on student performance 
than any other factor--including class size and student demographics. 
``When kids have ineffective teachers, they never recover.''
  Every child deserves to learn from a high quality teacher--a teacher 
who is competent in his/her subject area, cares about his/her students, 
and demands academic excellence.
  Every child's teacher deserves expanded opportunities for additional 
training as education reforms raise the standards of achievement for 
students. We expect schools to ensure that all of their teachers are 
proficient in their subject areas and are equipped with the skills and 
knowledge necessary to help students meet high standards.
  Currently, more than 25 percent of new teachers enter our nation's 
schools poorly qualified to teach.

[[Page 6241]]

  In Massachusetts alone, 59 percent of incoming teachers failed the 
basic licensing exam. Forty-four percent of incoming teachers failed a 
10th grade level competency test.
  Fifty-six percent of those teaching physics and chemistry, 53 percent 
of those teaching history, 33 percent of those teaching math, and 24 
percent of those teaching English do not have a major or minor in the 
field in which they teach. In inner-city schools, the statistics are 
even worse. Inner-city students have only a 50-50 chance of being 
taught by a qualified math or science teacher.
  Four, school safety is another important component of our bill. Every 
child deserves an environment that is free of danger and distractions 
to learning, and where learning is the primary goal. When drugs and 
violence threaten the classroom, the first victim is learning.
  Five, and perhaps most important, this bill recognizes the importance 
of flexibility and local control. Parents, community leaders, local and 
state governments, and not the federal government know best the 
education needs of their children. All across America states and local 
communities are implementing innovative solutions to our education 
challenges.
  Indeed, in a recent editorial by an educator and a former Senate 
majority leader in the state of Maine, Bennett Katz decries the latest 
attempt by the administration to micromanage school spending priorities 
from Washington DC. With regard to the President's class size 
initiative, he says:

       I would opt for [the money] to meet Maine's most pressing 
     education needs as we see them--not as identified by 
     Washington, D.C. politicians. That's the trouble with 
     Washington people dreaming up wonderful programs to be paid 
     for with our tax dollars. We know what our top needs are . . 
     . ask our very savvy commissioner of education. If 
     Washington's lofty thinkers are awash with surplus dollars, 
     they should not try to tell us how to spend them on their 
     priorities. If the US Department of Education is so smart, 
     take a look at how successful they are in running the schools 
     in the District of Columbia.

  States and local school districts are innovative. Without question, 
it is states and localities that today are serving as the engines for 
change in education. The groundwork for success is already in place at 
the local level--teachers, parents, principals, and communities 
demonstrate on a daily basis the enthusiasm and desire to succeed. 
However, flexibility at the state and local level is critical to the 
success of our schools.
  But along with the resources, the federal government must also give 
states and localities the freedom to pursue their own strategies for 
implementation. With respect to education, tactics and implementation 
procedures are virtually dictated by the federal government.
  Rather than working closely with the states, the Congress created 70 
new federal education programs in the 1980's. President Clinton, 
thinking that 552 federal educational programs are not enough, 
suggested 14 more in his fiscal year 1999 budget proposal. The 
rationale for expanding an already overly large and burdensome federal 
education establishment is simply not discernible. Instead, the states 
should have the flexibility to put together state strategic plans under 
either the Straight A's program or the Performance Partnerships 
program. Under such a plan, the states would establish concrete 
educational goals and timetables for achievement. In return, they would 
be allowed to pool federal funds from categorical programs and spend 
these consolidated resources on state established priorities.
  Paul Vallas, the Chief Executive Officer of the Chicago school 
system, explained the crucial elements of the bold reforms that he and 
his colleagues have been making in Chicago. He didn't have more money 
to work with. What he had--and has made highly effective use of--was, 
in his words, ``flexibility with money and work rules, high standards 
and expectations, accountability from top to bottom . . . and a 
willingness to take advantage of options.''
  Vallas went on to say:

       [Another] key to our success has been flexibility. We are 
     fortunate to have a great deal of control over the allocation 
     of resources. In Chicago, almost all of the tax levies for 
     the schools are consolidated. The revenue comes right to us. 
     In addition, our categorical grants from the state are 
     consolidated into two block grants--one for regular education 
     and one for special ed. We decide how all this money is 
     spent.
       * * * because the state has given us all our funds in block 
     grants and has basically said, ``Here's your money--you 
     decide how to spend it,'' I have been able to reallocate 
     about $130 million into our classrooms and to generate about 
     $170 million in other savings.

  As we all know, there is no more important issue today than 
education. Some of my colleagues across the aisle have a whole array of 
programs that they think will solve the problem. Among their many 
amendments, I have counted at least 12 new programs that range from $50 
million to $1.3 billion. For many of you, more money and more federal 
education programs are the answer to all our nation's education woes. 
Of course these programs sound good--but will they really do any good? 
More money or an additional program is often a surrogate for the 
structural reform that American education needs. Structural reform, 
change--this is what many in the education establishment fear. Instead, 
their response to crisis is more money and another federal program.
  But, the last thing that we need is another federal program. The last 
thing that our schools need is more bureaucracy and federal intrusion. 
Instead, what Washington should and can do is to free the hands of 
states and localities and to support local and state education reform 
efforts. When localities find ideas that work, the federal government 
should either get out of the way or lend a helping hand.
  The Educational Opportunities Act is a step in the right direction. 
Building on the bipartisan success of Ed-Flex, we have increased 
flexibility and empowered parents. I look forward to the debate that we 
will have about further empowering parents and children with the 
ability to choose where their children go to school.
  I commend the chairman for his hard work and dedication to education. 
I think there are some very good provisions in this bill.
  I strongly support both Straight A's and the performance partnership 
program that are in title VI.
  I am pleased to see report card language in title I--I agree with the 
chairman that knowledge is power and that by empowering parents we are 
creating agents for positive change.
  Unlike class size reduction proposals, which require States and local 
schools to hire new teachers, the Teacher Empowerment Act, TEA, 
provides maximum flexibility to states and locals in using $2 billion 
annually to develop high quality professional development programs, 
hire additional teachers, provide incentives to retain quality teachers 
or to fund innovative teacher programs, such as teacher testing, merit-
based teacher performance systems and alternative routes to 
certification.
  I applaud the chairman's rural flexibility initiative, and I am 
delighted that we have consolidated several different programs and 
titles. Although I wish we could have consolidated a few more programs 
and titles, we have made some progress. We used to have 14 titles, now 
we have 11.
  Mr. President, let me be clear. This debate is not over money. It is 
not over who cares the most about our nation's school children. This 
debate is over who knows best--the federal government or the parents, 
teachers and administrators back home who interact with our children 
every day. The debate is over who do we trust? Federal bureaucrats or 
people back home who struggle under the weight of federal mandates to 
help children learn.
  The federal government has a track record of failure despite many 
billions of dollars spent. States and localities, however, have shown 
the promise and the possibilities of success with innovative methods to 
raise student achievement and to reduce the achievement gap.
  This bill will give states and localities the tools and the 
flexibility necessary to begin to restore American education to 
preeminence. To achieve

[[Page 6242]]

educational excellence will take time. There is no simple solution and 
gimmicky short-term fads, like those offered by this Administration, 
will not lead to long-term success. The Republican party is dedicated 
to a sustained long-term effort to assure that every child in America 
receives not just an education, but a quality education. In our global 
economy, it is no longer good enough to be adequate. We must be 
outstanding.

                          ____________________