[House Report 106-608]
[From the U.S. Government Publishing Office]





-----------------------------------------------------------------------
106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-608

======================================================================




 
EDUCATION OPPORTUNITIES TO PROTECT AND INVEST IN OUR NATION'S STUDENTS 
                        (EDUCATION OPTIONS) ACT

                                _______
                                

  May 4, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodling, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

               MINORITY, ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 4141]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 4141) to amend the Elementary and 
Secondary Education Act of 1965, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Education Opportunities To Protect and 
Invest In Our Nation's Students (Education OPTIONS) Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

                        TITLE I--TRANSFERABILITY

Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Transferability.

          TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION

Sec. 201. DRUG AND VIOLENCE PREVENTION AND EDUCATION
Sec. 202. Use of certain funds.

                      TITLE III--TECH FOR SUCCESS

Sec. 301. Tech for success.

                TITLE IV--INNOVATIVE EDUCATION PROGRAMS

Sec. 401. Innovative education program strategies.

               TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE

             Part A--Fund for the Improvement of Education

Sec. 501. Fund for the improvement of education.

                         Part B--Arts Education

Sec. 511. Arts education.

                     Part C--Public Charter Schools

Sec. 521. Public charter schools.

                        Part D--Civic Education

Sec. 531. Civic education.

              Part E--Allen J. Ellender Fellowship Program

Sec. 541. Allen J. Ellender Fellowship Program.

                      TITLE VI--GENERAL PROVISIONS

Sec. 601. General provisions.
Sec. 602. Repeals.
Sec. 603. Effective date.

SEC. 3. PURPOSE.

  The purpose of this Act is to provide States and local school 
districts with--
          (1) resources to provide safe learning environments for all 
        students;
          (2) flexibility in managing Federal elementary and secondary 
        education programs and the option to transfer certain education 
        funds between formula programs to more effectively serve their 
        students;
          (3) technologies to enhance academic coursework and prepare 
        for the challenges of the 21st century; and
          (4) less bureaucracy and paperwork and more dollars to the 
        classroom for principals, teachers, and students.

                        TITLE I--TRANSFERABILITY

SEC. 101. SHORT TITLE.

  This title may be cited as the ``State and Local Transferability 
Act''.

SEC. 102. PURPOSE.

  The purpose of this title is to grant flexibility to States and 
school districts to target--
          (1) Federal funds to Federal programs that most effectively 
        address the unique needs of States and localities; and
          (2) additional Federal funds to title I programs.

SEC. 103. TRANSFERABILITY.

  Part B of title XIV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end the 
following:

``SEC. 14206. TRANSFERABILITY.

  ``(a) State Transfer Authority.--
          ``(1) In general.--A State may transfer up to 100 percent of 
        nonadministrative State funds allocated to such State which are 
        authorized to be used for State-level activities under any of 
        the following provisions to the allocation of the State under 
        any other of such provisions:
                  ``(A) Title II (excluding national activities).
                  ``(B) Subpart 2 of part A of title III.
                  ``(C) Part A of title IV.
                  ``(D) Title VI.
                  ``(E) Part C of title VII.
                  ``(F) Comprehensive school reform programs as 
                authorized under section 1502 as described on pages 96-
                99 of the Joint 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).
          ``(2) Supplemental funds for title i.--A State may transfer 
        any funds allocated to the State under a provision listed in 
        paragraph (1) to its allocation under title I.
  ``(b) Local Educational Agency Transfer Authority.--
          ``(1) Transfer of funds.--
                  ``(A) In general.--Subject to subparagraphs (C), (D), 
                and (E), a local educational agency may transfer funds 
                allocated to such agency under any of the provisions 
                listed in paragraph (2).
                  ``(B) Supplemental funds for title i.--Subject to 
                subparagraphs (C), (D), and (E), a local educational 
                agency may transfer funds allocated to such agency 
                under a provision listed in paragraph (2) to its 
                allocation under title I.
                  ``(C) Under 35 percent.--A transfer under 
                subparagraph (A) or (B) of up to 35 percent of the 
                funds allocated to a local educational agency under a 
                provision listed in paragraph (2) in a fiscal year may 
                be made without State approval.
                  ``(D) Over 35 percent.--Subject to paragraph (3), a 
                transfer under subparagraph (A) or (B) in a fiscal year 
                of funds allocated to a local educational agency under 
                a provision listed in paragraph (2) in a fiscal year 
                the amount of which, when added to the amount of other 
                transfers by the agency of such funds in such fiscal 
                year, is more than 35 percent of such funds may be made 
                only with the approval of the State.
                  ``(E) Title ii transfers.--If a local educational 
                agency provides assurances that the amount of funds 
                expended for professional development in mathematics 
                and science under title II in a fiscal year will equal 
                or exceed the amount of funds expended for the year 
                preceding the date of enactment of the Education 
                OPTIONS Act such agency may transfer funds allocated to 
                it under title II.
          ``(2) Applicable provisions.--The provisions from which a 
        local educational agency may transfer funds under this 
        subsection are as follows:
                  ``(A) Title II (excluding national activities).
                  ``(B) Subpart 2 of part A of title III.
                  ``(C) Part A of title IV.
                  ``(D) Title VI.
                  ``(E) Part C of title VII.
                  ``(F) Section 310 of the Department of Education Act, 
                2000, included in the Departments of Labor, Health and 
                Human Services, and Education, and Related Agencies 
                Appropriations Act, 2000 (as enacted into law by 
                section 1004(a)(4) of Public Law 106-113).
          ``(3) Special approval.--If a local educational agency 
        submits to its State a written request to make a transfer under 
        this subsection that requires State approval, the following 
        applies:
                  ``(A) 60 days for approval.--Such transfer shall be 
                deemed approved by the State unless the State, within 
                60 days after receipt of such transfer request, 
                disapproves such request or promptly notifies the 
                agency in writing of such revisions as may be necessary 
                before the State will approve the transfer.
                  ``(B) Consideration for approval.--When approving a 
                local education agency request to transfer an amount 
                greater than 35 percent, the State shall consider the 
                degree to which the transfer accomplishes the 
                following:
                          ``(i) Enables the local educational agency to 
                        direct resources to a Federal program that more 
                        effectively addresses the needs of their 
                        students, particularly the most disadvantaged 
                        students.
                          ``(ii) Allows the local educational agency to 
                        target or focus resources to address specific 
                        areas of need or priority when Federal 
                        requirements would otherwise prevent, or 
                        significantly impede, such an effort.
  ``(c) Limitation.--A State or a local educational agency may not 
transfer any funds allocated to it under title I to any other program 
under this Act.
  ``(d) State Plan and Application Modification; Prenotification.--Each 
State transferring funds under this section shall--
          ``(1) modify any plan or application of the State that is 
        applicable to such funds to account for such transfer and 
        submit, within 30 days after the date of such transfer, a copy 
        of such modified plan or application to the Department of 
        Education; and
          ``(2) notify the Department of Education no less than 30 days 
        before the effective date of such transfer.
  ``(e)  Local Plan and Application Modification; Prenotification.--
Each local educational agency transferring funds under this section 
shall--
          ``(1) modify any plan or application of the agency that is 
        applicable to such funds to account for such transfer and 
        submit, within 30 days after the date of such transfer, a copy 
        of such modified plan or application to the State; and
          ``(2) notify the State no less than 30 days before the 
        effective date of such transfer.
  ``(f) Applicable Rules.--Except as otherwise provided in this 
subsection, when funds are transferred to an allocation under this 
section, they become funds of the allocation to which they are 
transferred and subject to all the requirements that are applicable to 
that allocation.''.

          TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION

SEC. 201. DRUG AND VIOLENCE PREVENTION AND EDUCATION.

  Title IV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7101 et seq.) is amended to read as follows:

 ``TITLE IV--SUPPORTING DRUG AND VIOLENCE PREVENTION AND EDUCATION FOR 
                        STUDENTS AND COMMUNITIES

``SEC. 4001. SHORT TITLE.

  ``This title may be cited as the `Supporting Drug and Violence 
Prevention and Education for Students and Communities Act of 2000'.

``SEC. 4002. FINDINGS.

  ``Congress finds as follows:
          ``(1) Students need drug-free and safe schools and 
        communities in order to maximize their academic performance and 
        their future opportunities.
          ``(2) Drug use among children ages 12 through 17 doubled from 
        the historic low year of 1992, when 5.3 percent of youth in 
        that age group were current users, as compared to 11.4 percent 
        in 1997. While youth use of some drugs, including 
        hallucinogens, has slightly dropped since 1997, use of other 
        drugs, such as ecstasy, has increased in 1999 (up 1.1 percent 
        in use among 10th graders).
          ``(3) Drug use by youth increases the likelihood that a child 
        will be delinquent, engage in high-risk sexual activity, not 
        finish high school, and commit theft, violence, and vandalism.
          ``(4) Drug use among rural youth is higher than that of youth 
        in large urban centers, and these rural youth abuse quite 
        serious drugs, including methamphetamine and cocaine. Many 
        rural communities have few resources for helping youth avoid 
        drug use.
          ``(5) Drug and violence prevention programs and activities 
        need to include efforts to prevent underage use of tobacco and 
        alcohol, and are more likely to succeed when such efforts are 
        included. Drug and violence prevention research calls for 
        aggressive activities to prevent the use of these gateway 
        drugs.
          ``(6) Students continue to face physical harm while at 
        school. From 1993 to 1997, between 7 to 8 percent of students 
        in grades 9 through 12 were threatened or injured with a weapon 
        on school property over a 12-month period. Roughly 12 percent 
        of students in grades 9 through 12 reported being in a physical 
        fight on school property during a 12-month period between 1993 
        and 1997.
          ``(7) While schools statistically are one of the safest 
        places for youth, students report an increase in their 
        perception that they risk harm while at school, perhaps partly 
        due to the recent instances of extreme violence in schools.
          ``(8) Drug and violence prevention programs that incorporate 
        `protective factors' tend to reduce drug use and violence. 
        Protective factors include a student feeling connected to 
        parents and family, practicing religion and prayer, having 
        parents present at key times of the day, having high 
        educational expectations, feeling part of the school, and 
        having high self-esteem.
          ``(9) After school programs, because they keep youth in 
        supervised settings, prevent drug use and violence at least 
        during the time of those programs. Research indicates that the 
        juvenile crime rate triples between the hours of 3 p.m. and 6 
        p.m., and children in particular are most likely to be victims 
        of a violent crime committed by a non-family member between 2 
        p.m. and 6 p.m.

``SEC. 4003. PURPOSE.

  ``The purpose of this title is to support programs that prevent the 
use of drugs, that prevent violence, that involve parents and 
communities, and that are coordinated with related Federal, State, and 
community efforts and resources to foster a learning environment in 
which students increase their academic achievement, through the 
provision of Federal assistance to--
          ``(1) States for grants to local educational agencies and 
        consortia of such agencies to establish, operate, and improve 
        local programs of drug and violence prevention in elementary 
        and secondary schools;
          ``(2) States for grants to, and contracts with, community-
        based organizations and other public and private nonprofit and 
        for-profit agencies and organizations for programs of drug and 
        violence prevention and education;
          ``(3) States for grants to local educational agencies, 
        community-based organizations, and private nonprofit and for-
        profit organizations for before and after school programs for 
        youth and continuing educational opportunities for individuals 
        of all ages; and
          ``(4) public and private nonprofit and for-profit 
        organizations to conduct training, demonstrations, and 
        evaluations, and to provide supplementary services for drug and 
        violence prevention.

``SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated--
          ``(1) $1,033,377,000 for fiscal year 2000, and such sums as 
        may be necessary for each of the five succeeding fiscal years, 
        for State grants under part A; and
          ``(2) $20,000,000 for fiscal year 2000, and for each of the 
        five succeeding fiscal years, for national programs under part 
        B.--

    ``PART A--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 part for each fiscal year, the Secretary--
          ``(1) shall reserve 0.5 percent (or $5,166,885, whichever is 
        greater) of such amount for grants under this subpart to Guam, 
        American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands, to be allotted in 
        accordance with the Secretary's determination of their 
        respective needs; and
          ``(2) shall reserve 0.5 (or $5,166,885, whichever is greater) 
        of such amount for the Secretary of the Interior to carry out 
        programs under this part for Indian youth.
  ``(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 part 
                A of title I for the preceding year and the sum of such 
                amounts received by all the States.
          ``(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less than one-
        half of 1 percent of the total amount allotted to all the 
        States under this subsection.
  ``(c) Reallotment of Unused Funds.--If any State does not apply for 
an allotment under this subpart for a fiscal year, the Secretary shall 
reallot the amount of the State's allotment to the remaining States in 
accordance with this section.

``SEC. 4112. WITHIN-STATE DISTRIBUTION.

  ``(a) Governor's Allocation.--
          ``(1) In general.--The chief executive officer of a State may 
        reserve not more than 10 percent of the total amount allocated 
        to a State under section 4111 for each fiscal year for drug and 
        violence prevention programs and activities in accordance with 
        section 4115.
          ``(2) Law enforcement education partnerships.--The chief 
        executive officer of a State shall use not less than 10 percent 
        and not more than 20 percent of the amount described in 
        paragraph (1) for each fiscal year for law enforcement 
        education partnerships in accordance with section 4115(b)(3).
          ``(3) Administrative costs.--The chief executive officer of a 
        State may use not more than 3 percent of the amount described 
        in paragraph (1) for the administrative costs incurred in 
        carrying out the duties of such officer under this section.
          ``(4) Grant awards.--The chief executive officer of a State 
        shall use the remainder of funds not reserved under paragraphs 
        (2) and (3) to award competitive grants and contracts for 
        programs or activities that improve comprehensive community-
        wide prevention efforts or provide direct services to youth at 
        the local level. Such officer shall award grants based on--
                  ``(A) the quality of the activity or program 
                proposed; and
                  ``(B) how closely the program or activity is aligned 
                with the appropriate principles of effectiveness 
                described in section 4115(a).
  ``(b) State Funds.--
          ``(1) In general.--An amount equal to the total amount 
        allotted to a State under section 4111, less the amount 
        reserved under subsection (a) and paragraphs (2) and (3) of 
        this subsection, for each fiscal year shall be made available 
        to the State and its local educational agencies for drug and 
        violence prevention activities in accordance with section 4115.
          ``(2) State activities.--A State shall use not more than 2 
        percent of the amount available under paragraph (1) for State 
        activities described in section 4115(c).
          ``(3) State administration.--A State may use not more than 2 
        percent of the amount made available under paragraph (1) for 
        the administrative costs of carrying out its responsibilities 
        under this part.
  ``(c) Distribution to Local Educational Agency.--
          ``(1) In general.--(A) A State shall distribute not less than 
        96 percent of the amount made available under subsection (b) 
        for each fiscal year as follows:
                  ``(i) 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.
                  ``(ii) 30 percent of such amount to local educational 
                agencies that the State determines have the greatest 
                need for additional funds to carry out drug and 
                violence prevention programs in accordance with 
                subparagraph (B), a portion of which shall be 
                distributed in accordance with subparagraph (F).
          ``(B) In awarding funds under clause (ii) of subparagraph 
        (A), a State shall give special consideration to agencies that 
        pursue a comprehensive approach to drug and violence prevention 
        by providing or incorporating mental health services in their 
        programs.
          ``(C) Of the amount received under paragraph (1), a local 
        educational agency may use not more than 2 percent for the 
        administrative costs of carrying out its responsibilities under 
        this part.
          ``(D) In determining which local educational agencies have 
        the greatest need for additional funds, a State shall consider 
        objective data such as--
                  ``(i) high rates of drug use among youth;
                  ``(ii) high rates of victimization of youth by 
                violence and crime;
                  ``(iii) high rates of arrests and convictions of 
                youth for violent or drug related crime;
                  ``(iv) high incidence of illegal gang activity;
                  ``(v) high rates of referrals of youths to drug abuse 
                treatment and rehabilitation programs;
                  ``(vi) high rates of referrals of youths to juvenile 
                court;
                  ``(vii) high rates of expulsions and suspensions of 
                students from schools;
                  ``(viii) high rates of reported cases of child abuse 
                and domestic violence;
                  ``(ix) local fiscal capacity to fund drug and 
                violence prevention activities and programs without 
                Federal assistance;
                  ``(x) high rates of drug related emergencies or 
                deaths;
                  ``(xi) high degree of geographically rural isolation; 
                and
                  ``(xii) local fiscal capacity to fund before and 
                after school activities for youth without Federal 
                assistance.
          ``(E) The distribution of funds shall reflect the 
        geographical diversity of local educational agencies in the 
        State.
          ``(F) Of the amount made available for distribution under 
        paragraph (2)(A)(ii), a State shall distribute 30 percent of 
        such amount for grants to local educational agencies in need of 
        assistance to plan, implement, or expand alternative education 
        programs (which may include in-school suspensions, Saturday 
        school, alternative schools within schools, charter schools 
        with a focus on alternative programs and services, and 
        alternative schools) giving priority to programs or activities 
        that serve students who have been suspended or expelled from 
        school. Such programs and services may include--
                          ``(i) programs and activities designed to 
                        reduce the incidence of suspensions and 
                        expulsions;
                          ``(ii) mental health services;
                          ``(iii) behavior management, social skills 
                        instruction and other programs and activities 
                        designed to increase a student's sense of 
                        community, such as service learning and 
                        character education;
                          ``(iv) tutoring, mentoring, and other 
                        activities to improve academic performance;
                          ``(v) support services to help a student 
                        transition back into regular school programs; 
                        and
                          ``(vi) parental and family involvement 
                        activities.
          ``(2) Return of funds to state; reallocation.--
                  ``(A) Return.--Except as provided in subparagraph 
                (B), upon the expiration of the 1-year period beginning 
                on the date that a local educational agency receives 
                its allocation--
                          ``(i) such agency shall return to the State 
                        any funds from such allocation that remain 
                        unobligated; and
                          ``(ii) the State shall reallocate any such 
                        amount to local educational agencies that have 
                        plans for using such amount for programs or 
                        activities on a timely basis.
                  ``(B) Carryover.--In any fiscal year, a local 
                educational agency, may retain for obligation in the 
                succeeding fiscal year--
                          ``(i) an amount equal to not more than 25 
                        percent of the allocation it received under 
                        this title for such fiscal year; or
                          ``(ii) upon a demonstration of good cause by 
                        such agency or consortium and approval by the 
                        State, an amount that exceeds 25 percent of 
                        such allocation.

``SEC. 4113. STATE APPLICATION.

  ``(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) describes how funds under this subpart will be 
        coordinated with programs under this Act, and other drug and 
        violence prevention programs, as appropriate, in accordance 
        with the provisions of section 14306;
          ``(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 of drug use and 
        violence by youth in schools and communities;
          ``(3) contains assurances that the sections of the 
        application concerning the funds provided to the chief 
        executive officer and the State were developed in consultation 
        and coordination with appropriate State officials and others, 
        including the chief executive officer, the chief State school 
        officer, the head of the State alcohol and drug abuse agency, 
        the heads of the State health and mental health agencies, the 
        head of the State criminal justice planning agency, the head of 
        the State child welfare agency, the head of the State board of 
        education, or their designees, and representatives of parents, 
        students, and community-based organizations, including 
        religious organizations;
          ``(4) contains an assurance that the State will cooperate 
        with, and assist, the Secretary in conducting data collection 
        as required by section 4116;
          ``(5) contains an assurance that the chief executive officer 
        of the State and the chief State school officer will coordinate 
        program administration and activities under this part and will 
        coordinate with drug and violence prevention efforts 
        established by other State agencies; and
          ``(6) contains an assurance that the local educational 
        agencies in the State will comply with the provisions of 
        section 14503 pertaining to the participation of private school 
        children and teachers in the programs and activities under this 
        part.
  ``(b) Governor's Application.--An application submitted under this 
section shall also contain a comprehensive plan for the use of funds 
under section 4115(b) by the chief executive officer that includes--
          ``(1) a statement of the chief executive officer's 
        performance measures for drug and violence prevention. The 
        chief executive officer's performance measures shall consist 
        of--
                  ``(A) performance indicators for drug and violence 
                prevention, and;
                  ``(B) levels of performance for each performance 
                indicator;
          ``(2) a description of the procedures to be used for 
        assessing and publicly reporting progress toward meeting such 
        performance measures;
          ``(3) a description of how the chief executive officer will 
        coordinate such officer's activities under this part with the 
        chief State school officer and with State agencies and 
        organizations involved with drug and violence prevention 
        efforts;
          ``(4) a description of how funds allocated under section 
        4112(a) will be used--
                  ``(A) to enhance the efforts of other State agencies 
                and local educational agencies with regard to the 
                provision of school-based drug and violence prevention 
                efforts and services; and
                  ``(B) to serve populations not normally served by the 
                State educational agency, such as school dropouts and 
                youth in detention centers;
          ``(5) a description of how the chief executive officer will 
        award funds under section 4115(b) in order to support 
        activities and programs that meet the principles of 
        effectiveness and a plan for monitoring the performance of, and 
        providing technical assistance to, recipients of such funds;
          ``(6) a description of the special outreach activities that 
        will be carried out to maximize the participation of community-
        based organizations, including religious organizations;
          ``(7) a description of how funds will be used to support 
        community-wide comprehensive drug and violence prevention 
        planning, implementation strategies, and programs, including 
        before and after school and continuing education programs; and
          ``(8) an assurance that drug prevention programs supported 
        under this part convey a clear and consistent message that the 
        use of drugs is wrong and harmful.
  ``(c) State Application.--The State shall include in its application 
a comprehensive plan for the use of funds under section 4115(c), 
including the following:
          ``(1) A statement of the State's performance measures for 
        drug and violence prevention that shall be developed in 
        consultation between the State and local officials and that 
        consist of--
                  ``(A) performance indicators for drug and violence 
                prevention; and
                  ``(B) levels of performance for each performance 
                indicator.
          ``(2) A description of the procedures the State will use for 
        assessing and publicly reporting progress toward meeting those 
        performance measures;
          ``(3) 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 4115(d); and
          ``(4) A description of how the State educational agency will 
        coordinate such agency's activities under this part with the 
        chief executive officer's drug and violence prevention programs 
        and with the drug and violence prevention efforts of other 
        State agencies.
  ``(d) General Approval.--A State application submitted to the 
Secretary under this title shall be deemed to be approved by the 
Secretary unless the Secretary makes a written determination, prior to 
the expiration of the 90-day period beginning on the date that the 
Secretary receives the application, that the application is in 
violation of this title.
  ``(e) Disapproval.--The Secretary shall not finally disapprove a 
State application, except after giving the State notice and opportunity 
for a hearing.

``SEC. 4114. LOCAL EDUCATIONAL AGENCY APPLICATION.

  ``(a) In General.--In order to be eligible to receive a distribution 
under section 4112(c) for any fiscal year, a local educational agency 
shall submit, at such time as the State requires, an application to the 
State. Such an application shall be amended, as necessary, to reflect 
changes in the activities and programs of the local educational agency.
  ``(b) Development.--
          ``(1) Consultation.--A local educational agency shall develop 
        its application through timely and meaningful consultation with 
        a local or substate regional advisory council, as described in 
        subsection (c).
          ``(2) Design and development.--To ensure timely and 
        meaningful consultation, a local educational agency shall, in 
        accordance with subsection (c), establish and consult with a 
        local or substate regional advisory council on issues regarding 
        the design and development of the program or activity, 
        including efforts to meet the principles of effectiveness 
        described in section 4115(a). Such meetings with the advisory 
        council shall occur beginning at the initial stages of design 
        and development of the program or activity.
  ``(c) Advisory Council.--
          ``(1) Representation.--In establishing a local or substate 
        regional advisory council, the local educational agency shall 
        include, 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, private for-profit organizations, 
        religious organizations, and other groups with interest and 
        expertise in drug and violence prevention, including before and 
        after school and continuing education programs.
          ``(2) Duties.--In addition to assisting the local educational 
        agency to develop an application under this section, the 
        advisory council shall, on an ongoing basis--
                  ``(A) disseminate information about drug and violence 
                prevention programs and activities conducted within the 
                boundaries of the local educational agency;
                  ``(B) advise the local educational agency regarding--
                          ``(i) how best to coordinate such agency's 
                        activities under this part with other related 
                        drug and violence prevention strategies, 
                        programs, and activities; and
                          ``(ii) the agencies that administer such 
                        programs, projects, and activities; and
                  ``(C) review program and activity evaluations and 
                other relevant material and make recommendations to the 
                local educational agency on how to improve such 
                agency's drug and violence prevention programs and 
                activities.
  ``(d) Contents of Applications.--An application submitted by a local 
educational agency under this section shall contain--
          ``(1) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence prevention, 
        which shall include a description of--
                  ``(A) how the plan will be coordinated with programs 
                under this Act, and other Acts dealing with drug and 
                violence prevention, as appropriate, in accordance with 
                the provisions of section 14306;
                  ``(B) the local educational agency's performance 
                measures for drug and violence prevention, that shall 
                consist of--
                          ``(i) performance indicators for drug and 
                        violence prevention; and
                          ``(ii) levels of performance for each 
                        performance indicator;
                  ``(C) how such agency will assess and publicly report 
                progress toward attaining its performance measures;
                  ``(D) the drug and violence prevention activity or 
                program (including before and after school programs and 
                continuing education activities) to be funded, 
                including how the activity or program will meet the 
                principles of effectiveness described in section 
                4115(a), and the means of evaluating such activity or 
                program;
                  ``(E) how the local educational agency will 
                coordinate such agency's activities and programs with 
                community-wide efforts to achieve such agency's 
                performance measures for drug and violence prevention;
                  ``(F) how the local educational agency will 
                coordinate such agency's activities and programs with 
                other Federal, State, and local programs for youth drug 
                and violence prevention, including before and after 
                school programs and continuing education activities;
          ``(2) a certification that a meaningful assessment has been 
        conducted to determine community needs, available resources in 
        the private sector, and capacity in the private sector, the 
        findings of such assessments, and a description of the 
        mechanisms used to provide effective notice to the community of 
        an intention to submit an application under this title;
          ``(3) an assurance that drug prevention programs supported 
        under this part convey a clear and consistent message that the 
        use of drugs is wrong and harmful; and
          ``(4) such other information and assurances as the State may 
        reasonably require.
  ``(e) Peer Review.--
          ``(1) In general.--In reviewing local applications under this 
        section, a State shall use a peer review process or other 
        methods of assuring the quality of such applications.
          ``(2) Considerations.--(A) In determining whether to approve 
        the application of a local educational agency under this 
        section, a State shall consider the quality of the local 
        educational agency's comprehensive plan, including the degree 
        to which the principles of effectiveness described in section 
        4115(a) are met.
          ``(B) General approval.--A local educational agency's 
        application submitted to the State under this title shall be 
        deemed to be approved by the State unless the State makes a 
        written determination, prior to the expiration of the 90-day 
        period beginning on the date that the State receives the 
        application, that the application is in violation of this 
        title.
          ``(C) Disapproval.--The State shall not finally disapprove a 
        local educational agency application, except after giving such 
        agency notice and opportunity for a hearing.

``SEC. 4115. AUTHORIZED ACTIVITIES.

  ``(a) Principles of Effectiveness.--
          ``(1) In general.--For a program or activity developed 
        pursuant to this part to meet the principles of effectiveness, 
        such program or activity shall--
                  ``(A) be based upon an assessment of objective data--
                          ``(i) regarding the drug and violence 
                        problems in the elementary and secondary 
                        schools and communities to be served, including 
                        an objective analysis of the current conditions 
                        and consequences regarding drug use and 
                        violence, including delinquency and serious 
                        discipline problems, among students who attend 
                        such schools (including private school students 
                        who participate in the drug and violence 
                        prevention program) that is based on ongoing 
                        local assessment or evaluation activities;
                          ``(ii) regarding the current drug and 
                        violence prevention strategies, programs, and 
                        activities, including before and after school 
                        programs and continuing education activities, 
                        in such schools and communities; and
                          ``(iii) regarding student academic 
                        achievement and current programs and activities 
                        to increase student academic achievement;
                  ``(B) be based upon an established set of performance 
                measures aimed at ensuring that all elementary and 
                secondary schools and communities served by the local 
                educational agency have a drug-free, safe, and orderly 
                learning environment; and
                  ``(C) be based upon scientifically based research 
                that provides evidence that the program to be used will 
                prevent or reduce drug use and violence, including 
                delinquency and serious discipline problems among 
                youth.
          ``(2) Periodic evaluation.--The program or activity shall 
        undergo a periodic evaluation to assess its progress toward 
        achieving its goals and objectives. The results shall be used 
        to refine, improve, and strengthen the program, and to refine 
        the performance measures. The results shall also be made 
        available to the public upon request, with public notice of 
        such availability provided.
          ``(3) Waiver.--A local educational agency or community-based 
        organization may apply to the State for a waiver of the 
        requirement of paragraph (1)(C) to allow innovative activities 
        or programs that demonstrate substantial likelihood of success 
        in drug and violence prevention or in beneficially serving the 
        community.
  ``(b) Governors' Activities.--
          ``(1) In general.--A chief executive officer of a State shall 
        use funds made available under section 4112(a) for competitive 
        grants or contracts with local educational agencies, parent 
        groups, community-based organizations, religious organizations, 
        and other public entities and private organizations, including 
        for-profit organizations, and consortia thereof, including 
        community anti-drug coalitions--
                  ``(A) to support drug and violence prevention 
                strategies, programs, and activities, including before 
                and after school activities, continuing education 
                programs, and alternative education activities, that 
                provide comprehensive community-wide prevention efforts 
                or direct services to prevent drug use and violence in 
                schools and communities; and
                  ``(B) to reward drug and violence prevention programs 
                of exceptional quality.
          ``(2) Considerations.--In making such grants and contracts, a 
        chief executive officer of a State--
                  ``(A) shall require that any program or activity meet 
                the principles of effectiveness;
                  ``(B) shall give priority to programs and activities 
                for populations that need special services or 
                additional resources (such as youth in juvenile 
                detention facilities, runaway or homeless children and 
                youth, pregnant and parenting teenagers, and school 
                dropouts); and
                  ``(C) may require partnerships between local 
                educational agencies and other groups or organizations, 
                including religious organizations, in order to receive 
                funds.
          ``(3) Required activities.--A chief executive officer of a 
        State shall use funds made available under section 4112(a)(2) 
        to award grants to State, county or local law enforcement 
        agencies (including district attorneys) in consortium with 
        local educational agencies or community-based agencies for the 
        purposes of carrying out drug and violence prevention 
        activities, such as--
                  ``(A) programs that provide classroom instruction by 
                uniformed law enforcement officials designed to teach 
                students to recognize and resist pressures to 
                experiment with drugs and that meet the principles of 
                effectiveness;
                  ``(B) programs in which district attorneys provide 
                classroom instruction in the law and legal system, 
                which emphasizes interactive learning techniques such 
                as mock trial competitions; or
                  ``(C) partnerships between law enforcement and child 
                guidance professionals, which may include mental health 
                providers.
  ``(c) State Activities.--A State shall use the funds described in 
section 4112(b)(2) to plan, develop, and implement capacity building, 
technical assistance, accountability, program improvement services, and 
coordination activities for local educational agencies that are 
designed to support the implementation of drug and violence prevention 
programs, including before and after school programs and continuing 
education activities. A State may carry out these activities directly, 
or through grants and contracts.
  ``(d) Local Educational Agency Activities.--
          ``(1) Program requirements.--A local educational agency shall 
        use funds described in section 4112(c) to develop, implement, 
        and evaluate a comprehensive drug and violence prevention 
        program, which is coordinated with other school and community-
        based services and programs, that shall--
                  ``(A) be consistent with the principles of 
                effectiveness described in subsection (a);
                  ``(B) be designed to--
                          ``(i) prevent or reduce drug use or violence, 
                        including through the prevention of 
                        delinquency, serious discipline problems and 
                        poor academic performance; and
                          ``(ii) create a well disciplined environment 
                        conducive to learning, which includes 
                        consultation between teachers and school 
                        personnel to identify early warning signs of 
                        drug use and violence and to provide behavioral 
                        interventions as part of classroom management 
                        efforts;
                  ``(C) include activities to promote the involvement 
                of parents in the activity or program, to promote 
                coordination with community groups and coalitions, 
                including religious organizations, and government 
                agencies, and to distribute information about the local 
                educational agency's needs, goals, and programs under 
                this part; and
                  ``(D) address before and after school activities and 
                continuing education needs of youth and adults in the 
                community.
          ``(2) Authorized activities.--Each local educational agency, 
        or consortium of such agencies, that receives a subgrant under 
        section 4112(c) may use such funds to carry out youth drug and 
        violence prevention activities, including before and after 
        school programs and continuing education activities, in the 
        elementary and secondary schools and communities, such as--
                  ``(A) developmentally appropriate drug and violence 
                prevention programs that serve students in both 
                elementary and secondary school and that incorporate a 
                variety of prevention strategies and activities, which 
                may include--
                          ``(i) teaching students that most people do 
                        not use drugs;
                          ``(ii) teaching students to recognize social 
                        and peer pressure to use drugs;
                          ``(iii) teaching students skills for 
                        resisting drug use;
                          ``(iv) engaging students in the learning 
                        process;
                          ``(v) using developmentally appropriate 
                        teaching materials;
                          ``(vi) incorporating activities in secondary 
                        schools that reinforce prevention activities 
                        implemented in elementary schools; and
                          ``(vii) involving families and communities in 
                        setting clear expectations against drug use and 
                        enforcing consequences for drug use;
                  ``(B) before and after school programs and continuing 
                education opportunities for individuals of all ages, 
                such as--
                          ``(i) integrated educational, recreational, 
                        or cultural programs, including curriculum 
                        based entrepreneurial education programs, 
                        remedial education programs, and extended 
                        learning programs;
                          ``(ii) literacy education programs (including 
                        family literacy services);
                          ``(iii) youth science education programs;
                          ``(iv) consumer, economic, and personal 
                        finance education programs;
                          ``(v) senior citizen and adult education 
                        programs (including programs for individuals 
                        who leave school before graduating from 
                        secondary school, regardless of the age of such 
                        individual);
                          ``(vi) parenting skills education programs;
                          ``(vii) educational children's day care 
                        services;
                          ``(viii) summer and weekend school programs 
                        in conjunction with recreation programs;
                          ``(ix) expanded library service hours to 
                        serve community needs;
                          ``(x) distance learning, technology, and 
                        Internet education programs for individuals of 
                        all ages;
                          ``(xi) educational services for individuals 
                        with disabilities;
                          ``(xii) peer resistance education; and
                          ``(xiii) arts and music education;
                  ``(C) training and development of school personnel in 
                youth drug and violence prevention, including training 
                in early identification, intervention, and prevention 
                of threatening behavior;
                  ``(D) parental involvement and training in youth drug 
                and violence prevention, including early identification 
                of potential youth violence;
                  ``(E) community involvement activities pertaining to 
                youth drug and violence prevention;
                  ``(F) law enforcement and security activities, 
                including the acquisition and installation of metal 
                detectors and the hiring and training of security 
                personnel, that are related to youth drug and violence 
                prevention;
                  ``(G) comprehensive school security assessments;
                  ``(H) creating and maintaining safe zones of passage 
                to and from school to prevent violence and drug use and 
                trafficking;
                  ``(I) counseling, mentoring, and referral services, 
                and other student assistance practices and programs, 
                including training of teachers by school-based mental 
                health service providers in appropriate identification 
                and intervention techniques for disciplining and 
                teaching students at risk of violent behavior;
                  ``(J) services and activities that reduce the need 
                for suspension and expulsion in maintaining classroom 
                order and school discipline;
                  ``(K) establishing and implementing a system for 
                transferring suspension and expulsion records by a 
                local educational agency to any public or private 
                elementary or secondary school;
                  ``(L) allowing students attending unsafe public 
                elementary and secondary schools, as determined by the 
                State, to attend a safe public school, including a 
                public charter school, in the same State as the unsafe 
                public elementary and secondary school, and allowing 
                payment of reasonable transportation costs for such 
                students;
                  ``(M) establishing or enhancing programs or 
                initiatives that improve academic achievement;
                  ``(N) the development and implementation of character 
                education and training programs that reflect the values 
                of parents, teachers, and local communities, and 
                incorporate elements of good character, including 
                honesty, citizenship, courage, justice, respect, 
                personal responsibility, and trustworthiness;
                  ``(O) testing students for illegal drug use or 
                conducting student locker searches for illegal drugs or 
                drug paraphernalia;
                  ``(P) establishing of school uniform policies;
                  ``(Q) emergency intervention services following 
                traumatic crisis events, such as a shooting, major 
                accident, or a drug-related incident, that has 
                disrupted the learning environment;
                  ``(R) establishing and maintaining a school violence 
                hotline;
                  ``(S) conducting background checks of school 
                personnel;
                  ``(T) expanding and improving school-based mental 
                health services, including early identification of drug 
                use and violence, assessment, and direct individual or 
                group counseling services provided to students, 
                parents, and school personnel by qualified school based 
                mental health services personnel;
                  ``(U) hiring and training coordinators of drug and 
                violence prevention programs serving students in grades 
                six through nine;
                  ``(V) mentoring and tutoring services for students 
                provided by senior citizen volunteers;
                  ``(W) alternative education programs or services for 
                students who have been expelled or suspended from the 
                regular educational settings, including programs or 
                services to assist students to reenter the regular 
                education setting upon return from treatment or 
                alternative education programs; and
                  ``(X) partnerships between the courts and the schools 
                that address alternative education programs.
                  ``(Y) the evaluation of any of the activities 
                authorized under this subsection.
          ``(3) School protection--Each local educational agency, or 
        consortium of such agencies, that receives a subgrant under 
        section 4112(c) and has reported expulsions under part C during 
        the past 3 years, may develop a plan with local law enforcement 
        agencies to protect students and employees of public schools 
        against gun violence that may include, but not be limited to, 
        promoting the benefits of child safety locks for firearms.
          ``(4) Study.--Each local educational agency, or consortium of 
        such agencies, that receives a subgrant under section 4112(c) 
        and has a high rate of expulsions, as reported under part C, 
        may use a portion of its subgrant to study the effectiveness of 
        promoting the benefits of child safety locks for firearms with 
        the purpose of reducing the danger of firearms harming public 
        school students and employees.

``SEC. 4116. EVALUATION AND REPORTING.

  ``(a) Data Collection.--
          ``(1) In general.--The National Center for Education 
        Statistics shall collect data for the following purposes:
                  ``(A) To determine the frequency, seriousness, and 
                incidence of drug use by youth in schools and 
                communities in the States using, if appropriate, data 
                submitted by the States pursuant to subsection (b).
                  ``(B) To determine the frequency, degree of harm, and 
                morbidity of violent incidents, particularly firearm-
                related injuries and fatalities, by youth in schools 
                and communities in the States, including information 
                with respect to--
                          ``(i) the relationship between victims and 
                        perpetrators;
                          ``(ii) demographic characteristics of victims 
                        and perpetrators; and
                          ``(iii) type and characteristic of the 
                        firearm used in the shooting.
          ``(2) Report.--The Secretary shall submit to the Congress a 
        report on the data collected under this subsection.
  ``(b) State Report.--
          ``(1) In general.--Not later than October 1, 2003, and every 
        third year thereafter, the chief executive officer of a State, 
        in consultation with the State educational agency, shall submit 
        to the Secretary a report on the implementation and outcomes of 
        State and local programs under section 4115.
          ``(2) Special rule.--The report required by this subsection 
        shall be--
                  ``(A) based on the State's ongoing evaluation 
                activities, and shall include data on the prevalence of 
                drug use and violence by youth in schools and 
                communities; and
                  ``(B) made available to the public upon request, with 
                public notice of such availability provided.
  ``(c) Local Educational Agency Report.--Each local educational agency 
receiving funds under this part shall submit to the State such 
information, and at such intervals, as the State reasonably requires to 
complete the State report required by subsection (b), including 
information on the prevalence of drug use and violence by youth in the 
schools and the community and the progress of the local educational 
agency toward meeting its performance measures. The report shall be 
made available to the public upon request, with public notice of such 
availability provided.

                      ``PART B--NATIONAL PROGRAMS

``SEC. 4121. FEDERAL ACTIVITIES.

  ``(a) Program Authorized.--
          ``(1) In general.--From funds made available to carry out 
        this part 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, the Chair of the 
        Ounce of Prevention Council, 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 
        in elementary and secondary schools based on the needs reported 
        by States and local educational agencies.
          ``(2) Coordination.--The Secretary shall carry out programs 
        described in paragraph (1) directly, or through grants, 
        contracts, or cooperative agreements with public and private 
        nonprofit and for-profit organizations, including religious 
        organizations, and individuals, or through agreements with 
        other Federal agencies, and shall coordinate such programs with 
        other appropriate Federal activities.
          ``(3) Programs.--Programs described in paragraph (1) may 
        include--
                  ``(A) demonstrations and rigorous scientifically 
                based evaluations of innovative approaches to drug and 
                violence prevention based on needs reported by State 
                and local educational agencies;
                  ``(B) the provision of information on drug abuse 
                education and prevention to the Secretary of Health and 
                Human Services for dissemination by the clearinghouse 
                for alcohol and drug abuse information established 
                under section 501(d)(16) of the Public Health Service 
                Act; and
                  ``(C) continuing technical assistance to chief 
                executive officers, State agencies, and local 
                educational agencies to build capacity to develop and 
                implement high-quality, effective programs consistent 
                with the principles of effectiveness.
  ``(b) Peer Review.--The Secretary shall use a peer review process in 
reviewing applications for funds under this section.

``SEC. 4122. NATIONAL CLEARINGHOUSE FOR AFTER SCHOOL PROGRAMS.

  ``From funds made available to carry this part under section 4004(2), 
the Secretary, in consultation with the Secretary of Health and Human 
Services, through the Commissioner on Children, Youth, and Families, 
the Attorney General, and representatives with relevant experience from 
State child care agencies and child care resource and referral centers, 
shall establish a national clearinghouse to provide technical 
assistance regarding establishment and operation of after school 
programs and models of after school programs. The national 
clearinghouse shall be available to the public, including via Internet, 
and shall serve as a resource for child care organizations, 
communities, and individuals seeking to improve the quality and 
availability of after school programs.

                        ``PART C--GUN POSSESSION

``SEC. 4131. GUN-FREE SCHOOL REQUIREMENTS.

  ``(a) Requirements.--
          ``(1) State law.--Each State receiving funds under this Act 
        shall have in effect a State law requiring each local 
        educational agency--
                  ``(A) to expel from school for a period of not less 
                than one year a student who is determined to have 
                brought a firearm to a school under the jurisdiction of 
                a local educational agency in that State, except that 
                such State law shall allow the chief administering 
                officer of such local educational agency to modify such 
                expulsion requirement for a student on a case-by-case 
                basis; and
                  ``(B) to have a policy requiring each elementary and 
                secondary school to refer to the criminal justice or 
                juvenile delinquency system any student who brings a 
                firearm to school.
          ``(2) Construction.--Nothing in this part shall be construed 
        to prevent a State from allowing a local educational agency 
        that has expelled a student from such a student's regular 
        school setting from providing educational services to such 
        student in an alternative setting.
  ``(b) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with Disabilities 
Education Act.
  ``(c) Application to State.--Each local educational agency requesting 
assistance from a State that is 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 (a); 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, including the number of children with 
                disabilities expelled from such school; and
                  ``(C) the type of firearm concerned.
  ``(d) Reporting.--Each State shall report the information described 
in subsection (b) to the Secretary on an annual basis.
  ``(e) Definitions.--For the purpose of this part--
          ``(1) the term `firearm' has the same meaning given to such 
        term under section 921(a)(3) of title 18, United States Code; 
        and
          ``(2) the term `school' does not include a home school, 
        regardless of whether a home school is treated as a private 
        school under State law.

                      ``PART D--GENERAL PROVISIONS

``SEC. 4141. DEFINITIONS.

  ``For the purposes of this title, the following terms have the 
following meanings:
          ``(1) Community-based organization.--The term `community-
        based organization' means a private nonprofit organization that 
        is representative of a community or significant segments of a 
        community and that provides educational or related services to 
        individuals in the community.
          ``(2) Controlled substance.--The term `controlled substance' 
        means a drug or other substance identified under Schedule I, 
        II, III, IV, or V in section 202(c) of the Controlled 
        Substances Act (21 U.S.C. 812(c)).
          ``(3) Drug.--The term `drug' includes controlled substances; 
        the illegal use of alcohol and tobacco; and the harmful, 
        abusive, or addictive use of substances, including inhalants 
        and anabolic steroids.
          ``(4) Drug and violence prevention.--The term `drug and 
        violence prevention' means--
                  ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the illegal use of drugs;
                  ``(B) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, on school 
                premises, going to and from school, and at school-
                sponsored activities, through the creation and 
                maintenance of a school environment that is free of 
                weapons and fosters individual responsibility and 
                respect for the rights of others; and
                  ``(C) with respect to before and after school 
                programs and continuing education activities, 
                educational activities for individuals of all ages in 
                the community that operate with a goal of drug and 
                violence prevention in the school or community.
          ``(5) Local educational agency.--The term `local educational 
        agency' includes educational service agencies and consortia of 
        such agencies.
          ``(6) 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.
          ``(7) School-aged population.--The term `school-aged 
        population' means the population aged 5 through 17, as 
        determined by the Secretary on the basis of the most recent 
        satisfactory data available from the Department of Commerce.
          ``(8) School based mental health services provider.--The term 
        `school based mental health services provider' includes a State 
        licensed or State certified school counselor, school 
        psychologist, school social worker, or other State licensed or 
        certified mental health professional qualified under State law 
        to provide such services to children and adolescents.
          ``(9) School personnel.--The term `school personnel' includes 
        teachers, administrators, guidance counselors, social workers, 
        psychologists, nurses, librarians, and other support staff who 
        are employed by a school or who perform services for the school 
        on a contractual basis.
          ``(10) Scientifically based research.--The term 
        `scientifically based research'--
                  ``(A) means the application of rigorous, systematic, 
                and objective procedures to obtain valid knowledge 
                relevant to youth drug and violence prevention 
                activities and programs; and
                  ``(B) shall include research that--
                          ``(i) employs systemic, empirical methods 
                        that draw on observation or experiment;
                          ``(ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                          ``(iii) relies on measurements or 
                        observational methods that provide valid data 
                        across evaluators and observers and across 
                        multiple measurements and observations; and
                          ``(iv) has been accepted by a peer-reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.
          ``(11) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 4142. MESSAGE AND MATERIALS.

  ``(a) `Wrong and Harmful' Message.--Drug prevention programs 
supported under this title shall convey a clear and consistent message 
that the use of drugs is wrong and harmful.
  ``(b) Curriculum.--The Secretary shall not prescribe the use of 
specific curricula for programs supported under this part.

``SEC. 4143. REQUIRED POLICY.

  ``Each State educational agency and local educational agency that 
receives funds under this title shall have a policy that prohibits 
cigarette vending machines, and the illegal possession or use of drugs 
and alcohol, in any form, at any time, and by any person, in school 
buildings, on school grounds, or at any school-sponsored event.

``SEC. 4144. PARENTAL CONSENT.

  ``Upon receipt of written notification from the parents or legal 
guardians of a student, the local educational agency shall withdraw 
such student from any program or activity funded under this title. The 
local educational agency shall make reasonable efforts to inform 
parents or legal guardians of the content of such programs or 
activities funded under this title, other than classroom instruction.

``SEC. 4145. PROHIBITED USES OF FUNDS.

  ``No funds under this title may be used for--
          ``(1) construction (except for minor remodeling needed to 
        accomplish the purposes of this part);
          ``(2) medical services, drug treatment or rehabilitation, 
        except for pupil services or referral to treatment for students 
        who are victims of, or witnesses to, use of drugs or crime; and
          ``(3) activities or programs that discriminate against or 
        denigrate the religious or moral beliefs of students who 
        participate in such activities or programs or of the parents or 
        legal guardians of such students.

``SEC. 4146. 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 and 
        violence prevention programs implemented in public elementary 
        and secondary schools in the State in accordance with 
        subsection (b); and
          ``(2) to identify and designate, upon application by a public 
        elementary 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 and of 
        violent occurrences by students enrolled in the school over a 
        period of time to be determined by the chief executive officer 
        of the State or the individual, entity, or agency described in 
        subsection (a), as the case may be;
          ``(2) the rate of suspensions or expulsions of students 
        enrolled in the school for drug and violence offenses;
          ``(3) the effectiveness of the drug and violence prevention 
        program as proven by scientifically based research;
          ``(4) the involvement of parents and community members in the 
        design of the drug and violence prevention program; and
          ``(5) the extent of review of existing community drug and 
        violence prevention programs before implementation of the 
        public school program.
  ``(c) Request for Quality Program School Designation.--A school that 
wishes to receive a quality program school designation shall submit a 
request and documentation of compliance with this section to the chief 
executive officer of the State or the individual, entity, or agency 
described in subsection (a), as the case may be.
  ``(d) Public Notification.--Not less than once a year, the chief 
executive officer of each State or the individual, entity, or agency 
described in subsection (a), as the case may be, shall make available 
to the public a list of the names of each public school in the State 
that has received a quality program school designation in accordance 
with this section.

``SEC. 4147. CONTINUATION AWARDS.

  ``From funds made available under section 4004(2), the Secretary is 
authorized to continue funding multi-year grants awarded prior to 
fiscal year 2001 under part I of title X, as such part was in effect on 
the day preceding the date of the enactment of the Education OPTIONS 
Act, or the Middle School Coordinator Initiative (as described in title 
III of the Department of Education Act, 2000, (as enacted into law by 
section 1004(a)(4) of Public Law 106-113) and prior appropriations 
Acts, prior to the date of the enactment of the Education OPTIONS Act 
for the duration of the original grant period.

``SEC. 4148. GENERAL ACCOUNTING OFFICE REPORT.

  ``Not later than 1 year after the date of the enactment of the 
Education OPTIONS Act, the General Accounting Office shall transmit to 
Congress a report containing the following:
          ``(1) For each State, a description of the types of after 
        school programs that are available for students in kindergarten 
        through grade 12, including programs sponsored by the Boys and 
        Girls Clubs of America, the Boy Scouts of America, the Girl 
        Scouts of America, YMCA's, private nonprofit and for-profit 
        organizations, and athletic and other programs operated by 
        public schools and other State and local agencies.
          ``(2) For 15 communities selected to represent a variety of 
        regional, population, and demographic profiles, a detailed 
        analysis of the after school programs that are available for 
        students in kindergarten through grade 12, including programs 
        sponsored by the Boys and Girls Clubs of America, the Boy 
        Scouts of America, the Girl Scouts of America, YMCA's, 
        mentoring programs, athletic programs, and programs operated by 
        public schools, churches, day care centers, parks, recreation 
        centers, family day care, community organizations, law 
        enforcement agencies, service providers, and for-profit and 
        non-profit organizations.
          ``(3) For each State, a description of significant areas of 
        unmet need in the quality and availability of after school 
        programs.
          ``(4) For each State, a description of barriers which prevent 
        or deter the participation of children in after school 
        programs.
          ``(5) A list of activities, other than after school programs, 
        in which students in kindergarten through grade 12 participate 
        when not in school, including jobs, volunteer opportunities, 
        and other non-school affiliated programs.
          ``(6) An analysis of the value of the activities listed 
        pursuant to paragraph (5) relevant to the well-being and 
        educational development of students in kindergarten through 
        grade 12.

``SEC. 4149. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE 
                    ORGANIZATIONS.

  ``(a) In General.--A State may administer and provide services under 
the programs and activities described in this title through grants and 
contracts with charitable, religious, or private organizations.
  ``(b) Religious Organizations.--The purpose of this section is to 
allow States to provide grants to or to contract with religious 
organizations on the same basis as any other nongovernmental provider 
without impairing the religious character of such organizations, and 
without diminishing the religious freedom of beneficiaries of 
assistance funded under such program.
  ``(c) Nondiscrimination Against Religious Organizations.--In the 
event a State exercises its authority under subsection (a), religious 
organizations are eligible, on the same basis as any other private 
organization, as grant recipients or contractors, to provide assistance 
under any program described in this title if the programs sponsored by 
such religious organization are implemented in a manner consistent with 
the Establishment Clause of the United States Constitution. Except as 
provided in subsection (i), neither the Federal Government, a State, 
nor a local educational agency receiving funds under this title shall 
discriminate against an organization that is or applies to be a 
contractor to provide assistance on the basis that the organization has 
a religious character.
  ``(d) Religious Character and Freedom.--
          ``(1) Religious organizations.--A religious organization with 
        a grant or contract under this title shall retain its religious 
        character and control over the definition, development, 
        practice, and expression of its religious beliefs.
          ``(2) Additional safeguards.--Neither the Federal Government, 
        a State, nor local government shall require a religious 
        organization to--
                  ``(A) alter its form of internal governance; or
                  ``(B) remove religious art, icons, scripture, or 
                other symbols;
        in order to be eligible to receive a grant or contract under 
        this title.
  ``(e) Employment Practices.--A religious organization's exemption 
provided under section 702 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-1), regarding employment practices, shall not be affected by its 
participation in, or receipt of funds from, programs under this title.
  ``(f) Nondiscrimination Against Beneficiaries.--Except as otherwise 
provided in law, a religious organization shall not discriminate 
against an individual in regard to rendering assistance funded under 
any program described in this title on the basis of religion, a 
religious belief, or refusal to actively participate in a religious 
practice.
  ``(g) Fiscal Accountability.--
          ``(1) In general.--Except as provided in paragraph (2), any 
        religious organization receiving a grant or contracting to 
        provide assistance funded under any program described in this 
        title shall be subject to the same regulations as other 
        recipients or contractors to account in accord with generally 
        accepted auditing principles for the use of such funds provided 
        under such programs.
          ``(2) Limited audit.--If such organization segregates Federal 
        funds provided under such programs into separate accounts, then 
        only the financial assistance provided with such funds shall be 
        subject to audit.
  ``(h) Limitations on Use of Funds for Certain Purposes.--No funds 
provided directly to institutions or organizations to provide services 
and administer programs under this Act shall be expended for sectarian 
worship, instruction, or proselytization.
  ``(i) Preemption.--Nothing in this section shall be construed to 
preempt any provision of a State constitution or State statute that 
prohibits or restricts the expenditure of State funds in or by 
religious organizations.
  ``(j) Protection for Beneficiaries.--A charitable, religious, or 
private organization shall not subject a participant during a program 
assisted under this title to sectarian worship, instruction, or 
proselytization.
  ``(k) Treatment of Religious Organizations.--For purposes of any 
Federal, State, or local law, receipt of financial assistance under 
this title shall constitute receipt of Federal financial assistance or 
aid.

``SEC. 4150. DISCIPLINE OF CHILDREN WITH DISABILITIES.

  ``(a) Possession of Weapons.--
          ``(1) Authority of school personnel.--Each State receiving 
        funds under this Act shall require each local educational 
        agency to have in effect a policy under which school personnel 
        of such agency may discipline (including expel or suspend) a 
        child with a disability who carries or possesses a weapon to or 
        at a school, on school premises, or to or at a school function, 
        under the jurisdiction of a State or a local educational 
        agency, in the same manner in which such personnel may 
        discipline a child without a disability. Such personnel may 
        modify the disciplinary action on a case-by-case basis.
          ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to prevent a child with a disability who is 
        disciplined pursuant to the authority provided under paragraph 
        (1) from asserting a defense that the carrying or possession of 
        the weapon was unintentional or innocent.
          ``(3) Free appropriate public education.--
                  ``(A) Ceasing to provide education.--Notwithstanding 
                any other provision of Federal law, a child expelled or 
                suspended under paragraph (1) shall not be entitled to 
                continue educational services, including a free 
                appropriate public education, required under Federal 
                law during the term of such expulsion or suspension, if 
                the State in which the local educational agency 
                responsible for providing educational services to such 
                child does not require a child without a disability to 
                receive educational services after being expelled or 
                suspended.
                  ``(B) Providing education.--Notwithstanding 
                subparagraph (A), the local educational agency 
                responsible for providing educational services to a 
                child with a disability who is expelled or suspended 
                under subparagraph (A) may choose to continue to 
                provide educational services or mental health services 
                to such child. If the local educational agency so 
                chooses to continue to provide the services--
                          ``(i) nothing in any other provision of 
                        Federal law shall require the local educational 
                        agency to provide such child with any 
                        particular level of service; and
                          ``(ii) the location where the local 
                        educational agency provides the services shall 
                        be left to the discretion of the local 
                        educational agency.
          ``(4) Definition.--For purposes of this subsection, the term 
        `weapon' has the meaning given the term `dangerous weapon' 
        under paragraph (2) of subsection (g) of section 930 of title 
        18, United States Code.
  ``(b) Dangerous Behavior.--
          ``(1) Authority of school personnel.--Each State receiving 
        funds under this Act shall require each local educational 
        agency to have in effect a policy under which school personnel 
        of such agency may discipline (including expel or suspend) a 
        child with a disability who--
                  ``(A) knowingly possesses or uses illegal drugs or 
                sells or solicits the sale of a controlled substance at 
                a school, on school premises, or at a school function, 
                under the jurisdiction of a State or a local 
                educational agency, or
                  ``(B) commits an aggravated assault or battery (as 
                defined under State or local law) at a school, on 
                school premises, or at a school function, under the 
                jurisdiction of a State or a local educational agency,
        in the same manner in which such personnel may discipline a 
        child without a disability, consistent with State and local 
        law. Such personnel may modify the disciplinary action on a 
        case-by-case basis.
          ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to prevent a child with a disability who is 
        disciplined pursuant to the authority provided under paragraph 
        (1)(A) from asserting a defense that the possession or use of 
        the illegal drugs (or sale or solicitation of the controlled 
        substance) was unintentional or innocent.
          ``(3) Free appropriate public education.--
                  ``(A) Ceasing to provide education.--Notwithstanding 
                any other provision of Federal law, a child expelled or 
                suspended under paragraph (1) shall not be entitled to 
                continue educational services, including a free 
                appropriate public education, required under Federal 
                law during the term of such expulsion or suspension, if 
                the State in which the local educational agency 
                responsible for providing educational services to such 
                child does not require a child without a disability to 
                receive educational services after being expelled or 
                suspended.
                  ``(B) Providing education.--Notwithstanding 
                subparagraph (A), the local educational agency 
                responsible for providing educational services to a 
                child with a disability who is expelled or suspended 
                under subparagraph (A) may choose to continue to 
                provide educational services or mental health services 
                to such child. If the local educational agency so 
                chooses to continue to provide the services--
                          ``(i) nothing in any other provision of 
                        Federal law shall require the local educational 
                        agency to provide such child with any 
                        particular level of service; and
                          ``(ii) the location where the local 
                        educational agency provides the services shall 
                        be left to the discretion of the local 
                        educational agency.
          ``(4) Definitions.--For purposes of this subsection:
                  ``(A) Controlled substance.--The term `controlled 
                substance' shall have the same meaning as the term is 
                defined in section 4141.
                  ``(B) Illegal drug.--The term `illegal drug' means a 
                controlled substance, but does not include such a 
                substance that is legally possessed or used under the 
                supervision of a licensed health-care professional or 
                that is legally possessed or used under any other 
                authority under the Controlled Substances Act or under 
                any other provision of Federal law.''.

SEC. 202. USE OF CERTAIN FUNDS.

  If a local educational agency chooses to utilize the authority under 
section 613(a)(2)(C)(i) of the Individuals with Disabilities Education 
Act to treat as local funds up to 20 percent of the amount of funds the 
agency receives under part B of such Act that exceeds the amount it 
received under that part for the previous fiscal year, then the agency 
shall use those local funds to provide additional funding for programs 
under the Elementary and Secondary Education Act of 1965, including, 
but not limited to, programs that address school safety, teacher 
quality and professional development, before and after school learning 
opportunities, educational reform and literacy, or related education 
programs authorized under Federal, State, or local law.

                      TITLE III--TECH FOR SUCCESS

SEC. 301. TECH FOR SUCCESS.

  Title III of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6801 et seq.) is amended to read as follows:

                     ``TITLE III--TECH FOR SUCCESS

``SEC. 3001. SHORT TITLE.

  ``This title may be cited as the `Tech for Success Act of 2000'.

``SEC. 3002. PURPOSE.

  ``The purposes of this title are as follows:
          ``(1) To provide assistance to states and localities for 
        implementing innovative technology initiatives which lead to 
        increased student academic achievement and which may be 
        evaluated for effectiveness and replicated if successful.
          ``(2) To encourage the establishment or expansion of 
        initiatives, especially those involving public/private 
        partnerships, designed to increase access to technology, 
        particularly in high need local educational agencies.
          ``(3) To promote initiatives which provide school 
        administrators and teachers with the capacity to effectively 
        utilize technology in ways which integrate such technology with 
        challenging State content and student performance standards, 
        through such means as high quality professional development 
        programs.
          ``(4) To support the development of electronic networks and 
        other innovative methods, such as distance learning, of 
        delivering challenging courses and curricula for students who 
        would otherwise not have access to such courses and curricula, 
        especially in isolated regions.
          ``(5) To support the rigorous evaluation of programs funded 
        under this title, especially the impact of such initiatives on 
        student academic performance, and ensuring timely information 
        on the results of such evaluations are widely accessible 
        through electronic means.
          ``(6) To support local efforts for the use of technology to 
        promote parent and family involvement in education and 
        communication among parents, teachers and students.

                ``PART A--TECH FOR SUCCESS GRANT PROGRAM

                    ``Subpart 1--General Provisions

``SEC. 3101. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

  ``(a) In General.--There are authorized to be appropriated to carry 
out this part--
          ``(1) $731,305,000 for fiscal year 2000; and
          ``(2) such sums as may be necessary for each of the 5 
        succeeding fiscal years.
  ``(b) Allocation of Funds Between National and State and Local 
Initiatives.--Except as provided in subsection (c), the amount of funds 
made available under subsection (a) shall be allocated as follows:
          ``(1) Not less than 95 percent shall be made available for 
        State and local technology initiatives pursuant to subpart 2.
          ``(2) Not more than 5 percent may be made available for 
        activities of the Secretary under subpart 3.
  ``(c) Continuation of Funding for Former Programs.--
          ``(1) In general.--Using funds made available under 
        subsection (a), the Secretary is authorized to continue funding 
        multiyear grants under this title (as in effect prior to the 
        enactment of the Education OPTIONS Act) which were awarded 
        prior to fiscal year 2001 for the duration of the original 
        grant period.
          ``(2) Reduction in amount available.--The amount of funds 
        allocated under subsection (b) between State and local 
        technology initiatives and activities of the Secretary shall be 
        reduced by the amount used by the Secretary to continue funding 
        former programs under paragraph (1).

``SEC. 3102. DEFINITIONS.

  ``For purposes of this part, the following definitions shall apply:
          ``(1) In this part and part B, the term `distance learning' 
        means the transmission of educational or instructional 
        programming to geographically dispersed individuals and groups 
        via telecommunications.
          ``(2) The term `eligible local entity' means--
                  ``(A) a high need local educational agency; or
                  ``(B) an eligible local partnership.
          ``(3) The term `eligible local partnership' means a 
        partnership that includes at least one high need local 
        educational agency and at least one--
                  ``(A) local educational agency that can demonstrate 
                that teachers in schools served by that agency are 
                using technology effectively in their classrooms;
                  ``(B) institution of higher education;
                  ``(C) for-profit business or organization that 
                develops, designs, manufactures, or produces technology 
                products or services, or has substantial expertise in 
                the application of technology;
                  ``(D) public or private non-profit organization with 
                demonstrated experience in the application of 
                educational technology; or
                  ``(E) local educational agency which has the 
                potential to become an exemplary model for wide-scale 
                adoption by other local educational agencies on how to 
                effectively integrate technology and proven research-
                based teaching practices which result in improvement in 
                classroom instruction in the core academic subject 
                areas, and the preparation of students to meet 
                challenging State content and student performance 
                standards.
          ``(4) The term `emerging technologies' means the applications 
        that can result from the development of high-speed, broad band 
        telecommunications networks and more powerful computer systems.
          ``(5) The term `high need local educational agency' means a 
        local educational agency which serves an elementary or 
        secondary school located in an area--
                  ``(A) in which there is a high percentage of 
                individuals from families with incomes below the 
                poverty line, as defined by the Office of Management 
                and Budget and revised annually in accordance with 
                section 673(2) of the Community Services Block Grant 
                Act (42 U.S.C. 9902(2)); or
                  ``(B) which is identified by the State as an area 
                with--
                          ``(i) limited access to advanced 
                        telecommunications services,
                          ``(ii) a high ratio of students to computers 
                        within the school, or
                          ``(iii) a high proportion of teachers who are 
                        not computer-proficient.
          ``(6) The term `scientifically based research'--
                  ``(A) means the application of rigorous, systematic, 
                and objective procedures to obtain valid knowledge 
                relevant to education technology; and
                  ``(B) shall include research which--
                          ``(i) employs systematic, empirical methods 
                        which draw on observation or experiment,
                          ``(ii) involves rigorous data analyses which 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn,
                          ``(iii) relies on measurements or 
                        observational methods which provide valid data 
                        across evaluators and observers and across 
                        multiple measurements and observations, and
                          ``(iv) has been accepted by a peer reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.

       ``Subpart 2--State and Local Technology for Success Grants

``SEC. 3111. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.

  ``(a) In General.--Except as otherwise provided in this subpart, each 
State shall be eligible to receive a grant under this subpart for a 
fiscal year in an allotment determined as follows:
          ``(1) 50 percent shall bear the same relationship to the 
        amount made available under section 3101(b)(1) for such year as 
        the amount such state received under part A for title I for 
        such year bears to the amount received for such year under such 
        part by all States.
          ``(2) 50 percent shall be determined on the basis of the 
        State's relative population of individuals age 5 through 17, as 
        determined by the Secretary on the basis of the most recent 
        satisfactory data.
  ``(b) Reservation of Funds for Bureau of Indian Affairs and Outlying 
Areas.--Of the amount made available to carry out this subpart under 
section 3101(b)(1) for a fiscal year--
          ``(1) the Secretary shall reserve .305 percent (or 
        $2,125,000, whichever is greater) for the Secretary of the 
        Interior for programs under this subpart for schools operated 
        or funded by the Bureau of Indian Affairs; and
          ``(2) the Secretary shall reserve .305 percent (or 
        $2,125,000, whichever is greater) to provide assistance to the 
        outlying areas.
  ``(c) Minimum Allotment.--The amount of any State's allotment under 
subsection (a) for any fiscal year may not be less than one-half of one 
percent of the amount made available under section 3101(b)(1) for such 
year.
  ``(d) Reallotment of Unused Funds.--If any State does not apply for 
an allotment under this subpart for a fiscal year, the Secretary shall 
reallot the amount of the State's allotment to the remaining States in 
accordance with this section.

``SEC. 3112. USE OF ALLOTMENT BY STATE.

  ``(a) In General.--Except as provided in subsection (b), of the 
amount provided to a State from its allotment under section 3111--
          ``(1) the State may use not more than 5 percent to carry out 
        activities under section 3115; and
          ``(2) not less than 95 percent shall be distributed to local 
        educational agencies by the State as follows:
                  ``(A) At least 80 percent shall be used for 
                activities described in section 3116, to be distributed 
                through a formula developed by the State which shall 
                target funds to high need local educational agencies 
                which have submitted plans to the State under section 
                3114, and which may (at the option of the State)--
                          ``(i) be the formula used by the State to 
                        award grants to local educational agencies 
                        under section 3132 (as in effect prior to the 
                        enactment of the Education OPTIONS Act); and
                          ``(ii) set a minimum amount that may be 
                        provided to any recipient.
                  ``(B) Not more than 20 percent shall be awarded 
                through a State-determined competitive process to 
                eligible local entities which have submitted plans to 
                the State under section 3114, to be used to carry out 
                activities consistent with this part.
  ``(b) Continuation of Funding for Former Programs.--
          ``(1) In general.--From funds made available under this 
        ubpart, a State is authorized to continue funding multiyear 
        grants awarded prior to fiscal year 2001 under section 3132 of 
        this title (as in effect prior to the enactment of the 
        Education OPTIONS Act), for the duration of the original grant 
        period.
          ``(2) Reduction in amount available for other activities.--
        The amount available for a State to use under subsection (a) 
        shall be reduced by the amount used by the State to continue 
        funding former programs under paragraph (1).

``SEC. 3113. STATE PLANS.

  ``(a) In General.--To be eligible to receive a grant under this 
subpart, a State shall submit a new or updated statewide, long-range 
strategic educational technology plan to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
reasonably require.
  ``(b) Contents.--Each State plan submitted under this section shall 
include the following:
          ``(1) A description of how the State will use funds provided 
        under this subpart to improve the academic achievement of all 
        students and to improve the capacity of all teachers to provide 
        instruction in the State, through the use of education 
        technology.
          ``(2) A description of the State's goals for using advanced 
        technology to improve student achievement aligned to 
        challenging State content and student performance standards, 
        including a description of how the State will take steps to 
        ensure that all students in the State, particularly those 
        residing in districts served by high need local educational 
        agencies, will have increased access to educational technology.
          ``(3) A description of the process the State will use for the 
        evaluation of the extent to which education technology funded 
        under this part has been successfully integrated into teaching 
        strategies and school curriculum, has increased the ability of 
        teachers to teach, and has enabled students to meet challenging 
        State content and student performance standards.
          ``(4) A description of how the State will encourage the 
        development and utilization of innovative strategies for the 
        delivery of specialized or rigorous academic courses and 
        curricula through the use of technology and distance learning, 
        particularly for those areas of the State which are isolated 
        and which would not otherwise have access to such courses and 
        curricula.
          ``(5) An assurance that financial assistance provided under 
        this subpart shall supplement, not supplant, State and local 
        funds.
          ``(6) A description of how the State plans to ensure that 
        every teacher within a school funded under this part will be 
        computer-literate and proficient (as determined by the State) 
        by 2004.
  ``(c) Deemed Approval.--A State plan submitted to the Secretary under 
this section shall be deemed to be approved by the Secretary unless the 
Secretary makes a written determination prior to the expiration of the 
90-day period which begins on the date the Secretary receives the 
application that the plan is in violation of the provisions of this 
part.
  ``(d) Disapproval.--The Secretary may issue a final disapproval of a 
State's application under this subpart only after giving the State 
notice and an opportunity for a hearing.
  ``(e) Dissemination of Information on State Plans.--The Secretary 
shall establish a process under which information on State plans under 
this subpart is made widely available to schools and the general 
public, including through dissemination on the Internet, in a timely 
and user-friendly manner.

``SEC. 3114. LOCAL PLANS.

  ``(a) In General.--An applicant seeking to receive funds from a State 
under this subpart shall submit a new or updated long-range local 
strategic educational technology plan consistent with the objectives of 
the statewide education technology plan described in section 3113(a) to 
the State at such time, in such manner, and accompanied by such 
information as the State may reasonably require.
  ``(b) Contents of Local Plan.--Each local plan described in this 
section shall include the following:
          ``(1) A description of how the applicant will use Federal 
        funds provided under this subpart to improve the academic 
        achievement of all students and to improve the capacity of all 
        teachers to provide instruction through the use of education 
        technology.
          ``(2) A description of the applicant's specific goals for 
        using advanced technology to improve student achievement 
        aligned to challenging State content and student performance 
        standards, including a description of how the applicant will 
        take steps to ensure that all students in the local educational 
        area (particularly those in high poverty and high need schools) 
        have increased access to educational technology, and a 
        description of how such technology will be used to improve the 
        academic achievement for such students.
          ``(3) A description of how the applicant will promote--
                  ``(A) the utilization of teaching strategies and 
                curricula, based upon scientifically based research, 
                which effectively integrate technology into 
                instruction, leading to improvements in student 
                academic achievement as measured by challenging State 
                content and student performance standards; and
                  ``(B) sustained and intensive, high quality 
                professional development, based upon scientifically 
                based research, which increases teacher capacity to 
                create improved learning environments through the 
                integration of technology into instruction through 
                proven strategies and improved content as described in 
                subparagraph (A).
          ``(4) A description of how the applicant will integrate 
        technology across the curriculum and a time line for such 
        integration, including a description of how the applicant will 
        make effective use of new and emerging technologies and 
        teaching practices that are linked to such emerging 
        technologies to provide challenging content and improved 
        classroom instruction.
          ``(5) A description of how the applicant will coordinate 
        education technology activities funded under this subpart, 
        including (but not limited to) professional development, with 
        any such activities provided under other Federal, State, and 
        local programs, including those authorized under title I, title 
        II, title VI, and (where applicable) the Individuals with 
        Disabilities Education Act and the Carl D. Perkins Vocational 
        and Technical Education Act of 1998.
          ``(6) A description of the process the applicant will use for 
        the evaluation of the extent to which funds provided under this 
        subpart were effective in integrating technology into school 
        curriculum, increasing the ability of teachers to teach, and 
        enabling students to meet challenging State content and student 
        performance standards.
          ``(7) If requested by the State--
                  ``(A) a description of how the applicant will use 
                funds provided under this subpart in a manner which is 
                consistent with any broad education technology 
                priorities which may be established by the State 
                consistent with this part; and
                  ``(B) an assurance that any technology obtained with 
                funds provided under this subpart will have 
                compatibility and interconnectivity with technology 
                obtained with funds provided previously under this 
                title (as in effect prior to the enactment of the 
                Education OPTIONS Act).
          ``(8) A description of the applicant's Internet filtering or 
        blocking technology and related enforcement policies.

``SEC. 3115. STATE ACTIVITIES.

  ``(a) In General.--From funds made available under section 
3112(a)(1), a State shall carry out activities and assist local efforts 
to carry out the purposes of this part, which may include the following 
activities:
          ``(1) Developing or assisting applicants in the development 
        and utilization of innovative strategies to deliver rigorous 
        academic programs through the use of technology and distance 
        learning, and providing other technical assistance to such 
        applicants throughout the State, with a priority to high need 
        local educational agencies.
          ``(2) Establishing or supporting joint public and private 
        initiatives to provide interest-free or reduced loans for the 
        acquisition of educational technology for high need local 
        educational agencies and students attending schools within such 
        districts.
          ``(3) Assisting applicants in providing sustained and 
        intensive high-quality professional development based upon 
        scientifically based research in the integration of advanced 
        technologies (including emerging technologies) into curriculum 
        and in using those technologies to create new learning 
        environments, including training in the use of technology to--
                  ``(A) access data and resources to develop curricula 
                and instructional materials;
                  ``(B) enable teachers to use the Internet to 
                communicate with other teachers and to retrieve web-
                based learning resources; and
                  ``(C) lead to improvements in classroom instruction 
                in the core academic subject areas, which effectively 
                prepare students to meet challenging State content and 
                student performance standards.
          ``(4) Assisting applicants in providing all students 
        (including students from nontraditional populations, students 
        with disabilities, and students with limited English 
        proficiency) with access to educational technology.
          ``(5) Establishing or expanding access to technology in 
        neighborhoods served by high need local educational agencies, 
        with special emphasis for access provided through technology 
        centers in partnership with libraries and with the support of 
        the private sector.
          ``(6) Developing enhanced performance measurement systems to 
        determine the effectiveness of education technology programs 
        funded under this subpart, especially in determining the extent 
        to which education technology funded under this part has been 
        successfully integrated into teaching strategies and school 
        curriculum, has increased the ability of teachers to teach, and 
        has enabled students to meet challenging State content and 
        student performance standards.
  ``(b) Limitation on Administrative Costs.--Of the 5 percent of the 
State's allotment under section 3111 which may be used to carry out 
activities under this section, not more than 10 percent may be used by 
the State for administrative costs.

``SEC. 3116. LOCAL ACTIVITIES.

  ``(a) Professional Development.--A recipient of funds made available 
under section 3112(a)(2)(A) shall use not less than 20 percent of such 
funds to provide sustained and intensive, high-quality professional 
development, based on scientifically based research, in the integration 
of advanced technologies (including emerging technologies) into 
curriculum and in using those technologies to create new learning 
environments, including training in the use of technology to--
          ``(1) access data and resources to develop curricula and 
        instructional materials;
          ``(2) enable teachers to use the Internet to communicate with 
        other teachers and retrieve web-based learning resources; and
          ``(3) lead to improvements in classroom instruction in the 
        core academic subject areas, which effectively prepare students 
        to meet challenging State content and student performance 
        standards.
  ``(b) Other Activities.--In addition to the activities described in 
subsection (a), a recipient of funds made available under section 
3112(a)(2)(A) shall use such funds to carry out other activities 
consistent with this part, which may include the following:
          ``(1) Adapting or expanding existing and new applications of 
        technology to enable teachers to increase student academic 
        achievement through the use of teaching practices and advanced 
        technologies which are based upon scientifically based research 
        and are designed to prepare students to meet challenging State 
        content and student performance standards, and for developing 
        and utilizing innovative strategies to deliver rigorous 
        academic programs.
          ``(2) Developing, expanding, or acquiring education 
        technology as a means to improve the academic achievement of 
        all students.
          ``(3) The establishment or expansion of initiatives, 
        especially those involving public/private partnerships, 
        designed to increase access to technology, particularly for 
        high need local educational agencies.
          ``(4) Using technology to promote parent and family 
        involvement and support communications between parents, 
        teachers, and students.
          ``(5) Acquiring filtering, blocking, or other technologies 
        and activities which are designed to protect students from 
        harmful materials which may be accessed on the Internet.
          ``(6) Using technology to collect, manage, and analyze data 
        to inform school improvement efforts.
          ``(7) Implementing enhanced performance measurement systems 
        to determine the effectiveness of education technology programs 
        funded under this subpart, especially in determining the extent 
        to which education technology funded under this part has been 
        successfully integrated into teaching strategies and school 
        curriculum, has increased the ability of teachers to teach, and 
        has enabled students to meet challenging State content and 
        student performance standards.
          ``(8) Preparing one or more teachers in elementary, middle, 
        and secondary schools as technology leaders who are provided 
        with the means to serve as experts and train other teachers in 
        the effective use of technology.
          ``(9) Establishing or expanding access to technology in 
        neighborhoods served by high need local educational agencies, 
        with special emphasis for access provided through technology 
        centers in partnership with libraries and with the support of 
        the private sector.
          ``(10) Carrying out a program under which the recipient 
        enters into an agreement with an entity for providing--
                  ``(A) one laptop computer for each child in the third 
                through twelfth grades in the school district (in such 
                installments over such period of time as the recipient 
                and entity may provide in the agreement) ;
                  ``(B) training and ongoing support in the use of such 
                laptop computers for students, teachers, and parents;
                  ``(C) hardware and software for such laptop computers 
                for instruction and professional development; and
                  ``(D) assistance in using the technology provided to 
                incorporate State and local academic goals into the 
                curricula.
  ``(c) Internet Filtering.--
          ``(1) In general.--No funds made available under this subpart 
        to a local educational agency or elementary or secondary school 
        may be used to purchase computers used to access the Internet, 
        or to pay for direct costs associated with accessing the 
        Internet, unless such agency or school has in place, on 
        computers that are accessible to minors, and during use by such 
        minors, technology which filters or blocks--
                  ``(A) material that is obscene;
                  ``(B) child pornography; and
                  ``(C) material harmful to minors.
          ``(2) Disabling during adult use.--An administrator, 
        supervisor, or other authority may disable the technology 
        described in paragraph (1) during use by an adult, to enable 
        unfiltered access for bona fide research or other lawful 
        purposes.
          ``(3) Rule of construction.--Nothing in this section shall be 
        construed to prohibit a local educational agency or elementary 
        or secondary school from filtering or blocking materials other 
        than those referred to in subparagraph (A), (B), or (C) of 
        paragraph (1).
          ``(4) Definitions.--
                  ``(A) Material harmful to minors.--The term `material 
                harmful to minors' has the meaning given such term in 
                section 231(e)(6) of the Communications Act of 1934.
                  ``(B) Child pornography.--The term `child 
                pornography' has the meaning given such term in section 
                2256(8) of title 18, United States Code.
                  ``(C) Minor.--The term `minor' has the meaning given 
                such term in section 2256(1) of title 18, United States 
                Code.
          ``(5) Severability.--If any provision of this subsection is 
        held invalid, the remainder of such subsection and this Act 
        shall not be affected thereby.

              ``Subpart 3--National Technology Initiatives

``SEC. 3121. NATIONAL TECHNOLOGY INITIATIVES.

  ``(a) In General.--Using funds made available under section 
3101(b)(2), the Secretary may carry out the following initiatives:
          ``(1) The funding of programs built upon scientifically based 
        research, which utilize technology in education, through the 
        competitive awarding of grants or contracts, pursuant to a peer 
        review process, to States, local educational agencies 
        (including eligible local entities), institutions of higher 
        education, and public and private or nonprofit or for-profit 
        agencies.
          ``(2) The provision of technical assistance to States, local 
        educational agencies, and other grantees under this part 
        (directly or through the competitive award of grants or 
        contracts) in order to assist such States, local educational 
        agencies, and other grantees to achieve the purposes of this 
        part.
          ``(3) Acting through the Office of Educational Technology, 
        the updating of the national long-range educational technology 
        plan developed pursuant to section 3121 (as in effect prior to 
        the enactment of the Education OPTIONS Act) in accordance with 
        the requirements of such section, in order to promote the 
        purposes of this title and to ensure the coordination of 
        Federal efforts to promote the effective use of educational 
        technology.
  ``(b) Study of Use of Technology To Improve Academic Achievement.--
Using funds made available under section 3101(b)(2), the Secretary 
shall conduct an independent, long-term study utilizing scientifically 
based research methods and control groups, on the effectiveness of the 
uses of educational technology on improving student academic 
achievement, and shall include in the study an identification of 
effective uses of educational technology that have a measurable 
positive impact on student achievement.
  ``(c) Priorities.--In funding initiatives under subsection (a), the 
Secretary shall place a priority on projects which--
          ``(1) develop innovative models using electronic networks or 
        other forms of distance learning to provide challenging courses 
        which are otherwise not readily available to students in a 
        particular school district, particularly in rural areas; and
          ``(2) increase access to technology to those residing in 
        districts served by high need local educational agencies.

``SEC. 3122. REQUIREMENTS FOR RECIPIENTS OF FUNDS.

  ``(a) Application.--In order to receive a grant or contract under 
this subpart, an entity shall submit an application to the Secretary 
(at such time and in such form as the Secretary may require), and shall 
include in the application--
          ``(1) a description of the project proposed to be carried out 
        with the grant or contract and how it would carry out the 
        purposes of this subpart; and
          ``(2) a detailed plan for the independent evaluation of the 
        project built upon scientifically based research principles to 
        determine the impact on the academic achievement of students 
        served under such project, as measured by challenging State 
        content and student performance standards.
  ``(b) 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 subpart to share in the cost of the activities 
        assisted under such grant or contract, which may be in the form 
        of cash or in-kind contributions fairly valued.
          ``(2) Increase.--The Secretary may increase the non-Federal 
        share required of a recipient of a grant or contract under this 
        subpart after the first year such recipient receives funds 
        under such grant or contract.
          ``(3) Maximum.--The non-Federal share required under this 
        subsection may not exceed 50 percent of the cost of the 
        activities assisted pursuant to a grant or contract under this 
        subpart.
          ``(4) Notice.--The Secretary shall publish in the Federal 
        Register the non-Federal share required under this subsection.

``SEC. 3123. EVALUATION AND DISSEMINATION.

  ``(a) Evaluation Authority.--In order to identify effective uses of 
educational technology that have a measurable positive impact on 
student achievement, the Secretary shall--
          ``(1) develop tools and provide resources, including 
        technical assistance, for recipients of funds under this 
        subpart to effectively evaluate their activities; and
          ``(2) conduct independent evaluations of the activities 
        assisted under this subpart.
  ``(b) Post-Grant Evaluation Information and Dissemination.--
          ``(1) In general.--The Secretary shall establish a process 
        under which information on each project funded with a grant or 
        contract under this subpart is made widely available to schools 
        and the general public, including through dissemination on the 
        Internet, in a timely and user-friendly manner.
          ``(2) Specific information required.--The information made 
        available and disseminated under paragraph (1) shall at a 
        minimum include the following:
                  ``(A) Upon the awarding of such a grant or contract 
                under this subpart, the identification of the grant or 
                contract recipient, the amount of the grant or 
                contract, the stated goals of the grant or contract, 
                the methods by which the grant or contract will be 
                evaluated in meeting such stated goals, and the 
                timeline for meeting such goals.
                  ``(B) Not later than 12 months after the awarding of 
                such a grant or contract, information on the progress 
                of the grant or contract recipient in carrying out the 
                grant or contract, including a detailed description of 
                the use of the funds provided, the extent to which the 
                stated goals have been reached, and the results (or 
                progress of) the evaluation of the project, meeting the 
                requirements of scientifically based research, funded 
                under the grant or contract.
                  ``(C) Not later than 24 months after the awarding of 
                such a grant or contract (and updated thereafter as 
                appropriate), a follow up to the information described 
                in subparagraph (B).

                  ``PART B--READY TO LEARN TELEVISION

``SEC. 3201. PROGRAM AUTHORIZED.

  ``(a) In General.--The Secretary is authorized to award grants to or 
enter into contracts or cooperative agreements with eligible entities 
described in subsection (c) to--
          ``(1) develop, produce, and distribute educational and 
        instructional video programming for preschool and elementary 
        school children and their parents in order to facilitate 
        student academic achievement;
          ``(2) facilitate the development (directly or through 
        contracts with producers of children and family educational 
        television programming) of educational programming for 
        preschool and elementary school children and accompanying 
        support materials and services that directly promote the 
        effective use of such programming;
          ``(3) facilitate the development of programming and digital 
        content especially designed for nationwide distribution over 
        digital broadcasting channels and the Internet, containing 
        Ready to Learn-based children's programming and resources for 
        parents and caregivers;
          ``(4) enable such entities to contract with other entities 
        (such as public telecommunications entities) so that programs 
        funded under this section are disseminated and distributed by 
        the most appropriate distribution technologies to the widest 
        possible audience appropriate to be served by the programming; 
        and
          ``(5) develop and disseminate training and support materials, 
        including interactive programs and programs adaptable to 
        distance learning technologies which are designed to--
                  ``(A) promote school readiness; and
                  ``(B) promote the effective use of programming 
                developed under paragraphs (2) and (3) among parents, 
                Head Start providers, Even Start and providers of 
                family literacy services, child care providers, early 
                childhood development personnel, and elementary school 
                teachers, public libraries, and after school program 
                personnel caring for preschool and elementary school 
                children.
  ``(b) Availability.--In making grants, contracts, or cooperative 
agreements under this section, the Secretary shall ensure that 
recipients increase the effective use of the programming funded under 
this section by making it widely available with support materials as 
appropriate to young children, their parents, child care workers, Head 
Start providers, and Even Start and providers of family literacy 
services.
  ``(c) Eligible Entities Described.--In this part, an `eligible 
entity' means a nonprofit entity (including a public telecommunications 
entity) which is able--
          ``(1) to demonstrate a capacity for the development and 
        national distribution of educational and instructional 
        television programming of high quality which is accessible by a 
        large majority of disadvantaged preschool and elementary school 
        children; and
          ``(2) to demonstrate--
                  ``(A) a capacity to contract with the producers of 
                children's television programming for the purpose of 
                developing educational television programming of high 
                quality which is accessible by a large majority of 
                disadvantaged preschool and elementary school children, 
                and
                  ``(B) consistent with the entity's mission and 
                nonprofit nature, a capacity to negotiate such 
                contracts in a manner which returns to the entity an 
                appropriate share of any ancillary income from sales of 
                any program-related products.
  ``(d) Cap on Administrative Costs.--An entity receiving a grant, 
contract, or cooperative agreement from the Secretary under this 
section may not use more than 5 percent of the amounts received under 
the grant, contract, or cooperative agreement for the expenses of 
administering the grant, contract, or cooperative agreement.
  ``(e) Coordination of Activities.--An entity receiving a grant, 
contract, or cooperative agreement from the Secretary under this 
section shall work with the Secretary and the Secretary of Health and 
Human Services to--
          ``(1) maximize the utilization by preschool and elementary 
        school children of the programming funded under this section 
        and to make such programming widely available to federally 
        funded programs serving such populations; and
          ``(2) coordinate with Federal programs that have major 
        training components for early childhood development (including 
        Head Start, Even Start, family literacy services, and State 
        training activities funded under the Child Care Development 
        Block Grant Act of 1990) regarding the availability and 
        utilization of materials developed with funds provided under 
        this section to enhance parent and child care provider skills 
        in early childhood development and education.

``SEC. 3202. APPLICATIONS.

  ``Any 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. 3203. REPORTS AND EVALUATION.

  ``(a) Annual Report by Grant Recipients to Secretary.--Each entity 
receiving funds under section 3201 shall prepare and submit to the 
Secretary an annual report which contains such information as the 
Secretary may require. At a minimum, the report shall describe the 
program activities undertaken with funds received under such section, 
including information regarding--
          ``(1) the programming that has been developed directly or 
        indirectly by the entity and the target population of the 
        programs developed;
          ``(2) the support and training materials that have been 
        developed to accompany the programming and the method by which 
        such materials are distributed to consumers and users of the 
        programming;
          ``(3) the means by which the programming has been 
        distributed, including the distance learning technologies that 
        have been utilized to make programming available and the 
        geographic distribution achieved through such technologies; and
          ``(4) the initiatives undertaken by the entity to develop 
        public-private partnerships to secure non-Federal support for 
        the development and distribution and broadcast of educational 
        and instructional programming.
  ``(b) Report to Congress.--The Secretary shall prepare and submit to 
the relevant committees of Congress a biannual report on the activities 
funded and carried out under this part, and shall include in the 
report--
          ``(1) a summary of the programming developed using funds 
        provided under section 3201; and
          ``(2) a description of the training materials developed using 
        funds provided under section 3201, the manner in which outreach 
        has been conducted to inform parents and child care providers 
        of the availability of such materials, and the manner in which 
        such materials have been distributed.

``SEC. 3204. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this part 
$16,000,000 for fiscal year 2000, and such sums as may be necessary for 
each of the 5 succeeding fiscal years. Not less than 60 percent of the 
amounts authorized to be appropriated under this section for any fiscal 
year shall be used to carry out paragraphs (2) and (3) of section 
3201(a).

                  ``PART C--TELECOMMUNICATIONS PROGRAM

``SEC. 3301. PROGRAM AUTHORIZED.

  ``(a) In General.--The Secretary is authorized to carry out any of 
the following activities:
          ``(1) Awarding grants to a nonprofit telecommunications 
        entity (or a partnership of such entities) for the purpose of 
        carrying out a national telecommunications-based program to 
        improve the teaching of core academic subjects and to assist 
        elementary and secondary school teachers in preparing all 
        students to achieve State content standards.
          ``(2) Awarding grants to or entering into contracts or 
        cooperative agreements with a local public telecommunications 
        entity to develop, produce, and distribute educational and 
        instructional video programming which is designed for use by 
        elementary and secondary school students, created for or 
        adaptable to State content standards, and capable of 
        distribution through digital broadcasting and school digital 
        networks.
  ``(b) Applications.--
          ``(1) In general.--Any telecommunications entity or 
        partnership of such entities desiring a grant under this part 
        shall submit an application to the Secretary.
          ``(2) Specific requirements for national telecommunications-
        based program.--Each application for a grant subsection (a)(1) 
        shall--
                  ``(A) demonstrate that the applicant will use the 
                existing publicly funded telecommunications 
                infrastructure, the Internet, and school digital 
                networks (where available) to deliver video, voice, and 
                data in an integrated service to train teachers in the 
                use of materials and learning technologies for 
                achieving State content standards;
                  ``(B) assure that the program for which assistance is 
                sought will be conducted in cooperation with States as 
                appropriate, local educational agencies, and State or 
                local nonprofit public telecommunications entities;
                  ``(C) assure that a significant portion of the 
                benefits available for elementary and secondary schools 
                from the program for which assistance is sought will be 
                available to schools of local educational agencies 
                which have a high percentage of children counted for 
                the purpose of part A of title I; and
                  ``(D) contain such additional assurances as the 
                Secretary may reasonably require.
  ``(c) Approval of Applications; Number of Demonstration Sites.--In 
approving applications under this section, the Secretary shall assure 
that--
          ``(1) the national telecommunications-based program under 
        subsection (a)(1) is conducted at elementary and secondary 
        school sites in at least 15 States; and
          ``(2) grants under subsection (a)(2) are awarded on a 
        competitive basis and for a period of 3 years to entities 
        which--
                  ``(A) enter into multiyear collaborative arrangements 
                for content development with State educational 
                agencies, local educational agencies, institutions of 
                higher education, businesses, or other agencies and 
                organizations, and
                  ``(B) contribute non-Federal matching funds 
                (including funds provided for transitions to digital 
                broadcasting as well as in-kind contributions) to the 
                activities assisted with the grant in an amount not 
                less than 100 percent of the amount of the grant.

``SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this part 
$8,500,000 for fiscal year 2000, and such sums as may be necessary for 
each of the 5 succeeding fiscal years.''.

                TITLE IV--INNOVATIVE EDUCATION PROGRAMS

SEC. 401. INNOVATIVE EDUCATION PROGRAM STRATEGIES.

  Title VI of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7301 et seq.) is amended to read as follows:

          ``TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES

``SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.

  ``(a) Findings.--The Congress finds that this title--
          ``(1) provides flexibility to meet local needs;
          ``(2) promotes local and State education reforms;
          ``(3) contributes to the improvement of academic achievement 
        for all students.
          ``(4) provides funding for critical activities; and
          ``(5) provides services for private school students.
  ``(b) Statement of Purpose.--It is the purpose of programs under this 
title--
          ``(1) to provide funding to enable States and local 
        educational agencies to implement promising educational reform 
        programs and school improvement initiatives based on 
        scientifically based research;
          ``(2) to provide a continuing source of innovation and 
        educational improvement, including support for library services 
        and instructional and media materials; and
          ``(3) to meet the educational needs of all students, 
        including at risk students.
  ``(c) State and Local Responsibility.--The basic responsibility for 
the administration of funds made available under this title is within 
the States, 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 title 
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.

                   ``PART A--STATE AND LOCAL PROGRAMS

``SEC. 6101. ALLOTMENT TO STATES.

  ``(a) Reservations.--From the sums appropriated to carry out this 
title for any fiscal year, the Secretary shall reserve not to exceed 1 
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 \1/2\ of 1 percent of such 
remainder.

``SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

  ``(a) Distribution Rule.--
          ``(1) In general.--Subject to paragraph (2), from the sums 
        made available each year to carry out this title, the State 
        shall distribute not less than 85 percent to local educational 
        agencies within such State according to the relative 
        enrollments in public and private, nonprofit schools within the 
        jurisdictions of such agencies, adjusted, in accordance with 
        criteria approved by the Secretary, to provide higher per-pupil 
        allocations to local educational agencies that have the 
        greatest numbers or percentages of children whose education 
        imposes a higher than average cost per child, such as--
                  ``(A) children living in areas with high 
                concentrations of low-income families;
                  ``(B) children from low-income families; and
                  ``(C) children living in sparsely populated areas.
          ``(2) Exception.--100 percent of any amount by which the 
        funds paid to a State under this title for a fiscal year exceed 
        the amount of such funds paid to the State for fiscal year 2000 
        shall be distributed to local educational agencies and used 
        locally for innovative assistance described in section 6301(b).
          ``(3) Limitation on administrative costs.--Not more than 4 
        percent of the funds paid to a State under this title for a 
        fiscal year may be used by the agency for administration and 
        supervision of programs assisted under this title.
  ``(b) Calculation of Enrollments.--
          ``(1) In general.--The calculation of relative enrollments 
        under subsection (a)(1) shall be on the basis of the total of--
                  ``(A) the number of children enrolled in public 
                schools; and
                  ``(B) the number of children enrolled in private 
                nonprofit schools that desire that their children 
                participate in programs or projects assisted under this 
                title, 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)(1) shall be adjusted, in accordance with 
                criteria approved by the Secretary under subparagraph 
                (B), to provide higher per-pupil allocations only to 
                local educational agencies that serve the greatest 
                numbers or percentages of--
                          ``(i) children living in areas with high 
                        concentrations of 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 for adjusting allocations under 
                paragraph (1) and shall approve such criteria only if 
                the Secretary determines that such criteria are 
                reasonably calculated to produce an adjusted allocation 
                that reflects the relative needs 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 under 
        this title for a fiscal year, a State shall distribute to each 
        eligible local educational agency that has submitted an 
        application as required in section 6303 the amount of such 
        local educational agency's allocation, as determined under 
        subsection (a).
          ``(2) Additional funds.--
                  ``(A) In general.--Additional funds resulting from 
                higher per-pupil allocations provided to a local 
                educational agency on the basis of adjusted enrollments 
                of children described in subsection (a)(1) may, in the 
                discretion of the local educational agency, be 
                allocated for expenditures to provide services for 
                children enrolled in public and private nonprofit 
                schools in direct proportion to the number of children 
                described in subsection (a)(1) and enrolled in such 
                schools within the local educational agency.
                  ``(B) Election.--In any fiscal year, any local 
                educational agency that elects to allocate such 
                additional funds in the manner described in 
                subparagraph (A) shall allocate all additional funds to 
                schools within the local educational agency in such 
                manner.
                  ``(C) Construction.--Subparagraphs (A) and (B) may 
                not be construed to require any school to limit the use 
                of the additional funds described in subparagraph (A) 
                to the provision of services to specific students or 
                categories of students.

                        ``PART B--STATE PROGRAMS

``SEC. 6201. STATE USES OF FUNDS.

  ``A State may use funds made available for State use under this title 
only for--
          ``(1) State administration of programs under this title 
        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 title;
          ``(2) support for planning, designing, and initial 
        implementation of charter schools as described in part C of 
        title X; and
          ``(3) statewide education reform and school improvement 
        activities and technical assistance and direct grants to local 
        educational agencies which assist such agencies under section 
        6301.

``SEC. 6202. STATE APPLICATIONS.

  ``(a) Application Requirements.--Any State that desires to receive 
assistance under this title shall submit to the Secretary an 
application which--
          ``(1) provides for an annual statewide summary of how 
        assistance under this title is contributing toward improving 
        student achievement or improving the quality of education for 
        students;
          ``(2) sets forth the allocation of such funds required to 
        implement section 6402;
          ``(3) provides that the State will keep such records and 
        provide such information to the Secretary as may be required 
        for fiscal audit and program evaluation (consistent with the 
        responsibilities of the Secretary under this section);
          ``(4) provides assurance that, apart from technical and 
        advisory assistance and monitoring compliance with this title, 
        the State has not exercised and will not exercise any influence 
        in the decisionmaking processes of local educational agencies 
        as to the expenditure made pursuant to an application under 
        section 6303;
          ``(5) contains assurances that there is compliance with the 
        specific requirements of this title; and
          ``(6) provides for timely public notice and public 
        dissemination of the information provided pursuant to paragraph 
        (2).
  ``(b) Statewide Summary.--The statewide summary referred to in 
subsection (a)(2) shall be submitted to the Secretary and shall be 
derived from the evaluation information submitted by local educational 
agencies to the State under section 6303(a)(8). The format and content 
of such summary shall be in the discretion of the State and may include 
statistical measures such as the number of students served by each type 
of innovative assistance described in subsection (b), including the 
number of teachers trained.
  ``(c) Period of Application.--An application filed by the State under 
subsection (a) shall be for a period not to exceed 3 years, and may be 
amended annually as may be necessary to reflect changes without filing 
a new application.
  ``(d) Audit Rule.--Local educational agencies receiving less than an 
average of $5,000 each under this title shall not be audited more 
frequently than once every 5 years.

             ``PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS

``SEC. 6301. TARGETED USE OF FUNDS.

  ``(a) General Rule.--Funds made available to local educational 
agencies under section 6102 shall be used for innovative assistance 
described in subsection (b).
  ``(b) Innovative Assistance.--The innovative assistance programs 
referred to in subsection (a) may include--
          ``(1) professional development activities and the hiring of 
        teachers, including activities consistent with title II, that 
        give teachers, principals, and administrators the knowledge and 
        skills to provide students with the opportunity to meet 
        challenging State or local content standards and student 
        performance standards;
          ``(2) technology related to the implementation of school-
        based reform programs, including professional development to 
        assist teachers and other school officials regarding how to use 
        effectively such equipment and software;
          ``(3) programs for the development or acquisition and use of 
        instructional and educational materials, including library 
        services and materials (including media materials), 
        assessments, reference materials, computer software and 
        hardware for instructional use, and other curricular materials 
        which are tied to high academic standards and which will be 
        used to improve student achievement and which are part of an 
        overall education reform program;
          ``(4) promising education reform projects, including 
        effective schools and magnet schools;
          ``(5) programs to improve the academic skills of 
        disadvantaged elementary and secondary school students and to 
        prevent students from dropping out of school;
          ``(6) programs to combat illiteracy in the student and adult 
        population, including parent illiteracy;
          ``(7) programs to provide for the educational needs of gifted 
        and talented children;
          ``(8) planning, designing, and initial implementation of 
        charter schools as described in part C of title X;
          ``(9) school improvement programs or activities under 
        sections 1116 and 1117;
          ``(10) education reform projects that provide single gender 
        schools and classrooms, as long as comparable educational 
        opportunities are offered for students of both sexes;
          ``(11) community service programs that use qualified school 
        personnel to train and mobilize young people to measurably 
        strengthen their communities through nonviolence, 
        responsibility, compassion, respect, and moral courage;
          ``(12) curriculum-based youth entrepreneurship education 
        programs with demonstrated records of empowering disadvantaged 
        youth with applied mathematics, entrepreneurial, and other 
        analytical skills;
          ``(13) activities to promote consumer, economic, and personal 
        finance education, such as disseminating and encouraging the 
        best practices for teaching the basic principles of economics 
        and promoting the concept of achieving financial literacy 
        through the teaching of personal financial management skills 
        including the basic principles involved with earning, spending, 
        saving, and investing;
          ``(14) public school choice;
          ``(15) expanding and improving school-based mental health 
        services, including early identification of drug use and 
        violence, assessment, and direct individual or group counseling 
        services provided to students, parents, and school personnel by 
        qualified school based mental health services personnel; and
          ``(16) alternative educational programs for those students 
        who have been expelled or suspended from their regular 
        educational setting, including programs to assist students to 
        reenter the regular educational setting upon return from 
        treatment or alternative educational programs.

``SEC. 6302. ADMINISTRATIVE AUTHORITY.

  ``In order to conduct the activities authorized by this title, each 
State or local educational agency may use funds reserved for this title 
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. 6303. LOCAL APPLICATIONS.

  ``(a) Contents of Application.--A local educational agency or 
consortium of such agencies may receive an allocation of funds under 
this title for any year for which an application is submitted to the 
State and such application is certified to meet the requirements of 
this section. The State shall certify any such application if such 
application--
          ``(1) describes locally identified needs relative to the 
        purposes of this title and to the innovative assistance 
        described in section 6301(b);
          ``(2) based on the needs identified in paragraph (1), sets 
        forth the planned allocation of funds among innovative 
        assistance programs described in section 6301 and describes the 
        programs, projects, and activities designed to carry out such 
        innovative assistance that the local educational agency intends 
        to support;
          ``(3) sets forth the allocation of such funds required to 
        implement section 6402;
          ``(4) describes how assistance under this title will 
        contribute to improving student academic achievement;
          ``(5) provides assurances of compliance with the provisions 
        of this title, including the participation of children enrolled 
        in private, nonprofit schools in accordance with section 6402;
          ``(6) agrees to keep such records, and provide such 
        information to the State as reasonably may be required for 
        fiscal audit and program evaluation, consistent with the 
        responsibilities of the State under this title;
          ``(7) provides in the allocation of funds for the assistance 
        authorized by this title, and in the design, planning, and 
        implementation of such programs, for systematic consultation 
        with parents of children attending elementary and secondary 
        schools in the area served by the local educational agency, 
        with teachers and administrative personnel in such schools, and 
        with other groups involved in the implementation of this title 
        (such as librarians, school counselors, and other pupil 
        services personnel) as may be considered appropriate by the 
        local educational agency; and
          ``(8) provides assurance that--
                  ``(A) programs, services, and activities will be 
                evaluated annually;
                  ``(B) such evaluation will be used to determine and 
                implement appropriate changes in program services and 
                activities for the subsequent year;
                  ``(C) such evaluation shall describe how assistance 
                under this title contributed toward improving student 
                academic achievement; and
                  ``(D) such evaluation shall be submitted to the State 
                in the time and manner requested by the agency.
  ``(b) Period of Application.--An application filed by a local 
educational agency under subsection (a) shall be for a period not to 
exceed 3 fiscal years, may provide for the allocation of funds to 
programs for a period of 3 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 title, a local educational agency 
shall have complete discretion in determining how funds under this part 
shall be divided under section 6301. In exercising such discretion, a 
local educational agency shall ensure that expenditures under this part 
carry out the purposes of this title and are used to meet the 
educational needs within the schools of such local educational agency.

                      ``PART D--GENERAL PROVISIONS

``SEC. 6401. 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 1 fiscal year 
        only, the requirements of this section if the Secretary 
        determines that such a waiver would be equitable due to 
        exceptional or uncontrollable circumstances such as a natural 
        disaster or a precipitous and unforeseen decline in the 
        financial resources of the State.
  ``(b) Federal Funds Supplementary.--A State or local educational 
agency may use and allocate funds received under this 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. 6402. 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 title or 
        which serves the area in which a program or project assisted 
        under this title is located who are enrolled in private 
        nonprofit elementary and secondary schools, or with respect to 
        instructional or personnel training programs funded by the 
        State from funds made available for State use, such agency, 
        after consultation with appropriate private school officials, 
        shall provide for the benefit of such children in such schools 
        secular, neutral, and nonideological services, materials, and 
        equipment, including the participation of the teachers of such 
        children (and other educational personnel serving such 
        children) in training programs, and the repair or minor 
        remodeling of public facilities as may be necessary for their 
        provision (consistent with subsection (c) of this section), or, 
        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 title.
          ``(2) Other provisions for services.--If no program or 
        project is carried out under paragraph (1) in the school 
        district of a local educational agency, the State shall make 
        arrangements, such as through contracts with nonprofit agencies 
        or organizations, under which children in private schools in 
        such district are provided with services and materials to the 
        extent that would have occurred if the local educational agency 
        had received funds under this title.
          ``(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 title 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 title 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 title 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 title, 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 title, and a public agency shall 
        administer such funds and property.
          ``(2) Provision of services.--The provision of services 
        pursuant to this title 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 title 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 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 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 title.
  ``(h) Review.--
          ``(1) Written objections.--The Secretary shall not take any 
        final action under this section until the State and the local 
        educational agency affected by such action have had an 
        opportunity, for not less than 45 days after receiving written 
        notice thereof, to submit written objections and to appear 
        before the Secretary or the Secretary's designee to show cause 
        why that action should not be taken.
          ``(2) Court action.--If a State or local educational agency 
        is dissatisfied with the Secretary's final action after a 
        proceeding under paragraph (1), such agency may, not later than 
        60 days after notice of such action, file with the United 
        States court of appeals for the circuit in which such State is 
        located a petition for review of that action. A copy of the 
        petition shall be transmitted by the clerk of the court to the 
        Secretary. The Secretary thereupon shall file in the court the 
        record of the proceedings on which the Secretary based this 
        action, as provided in section 2112 of title 28, United States 
        Code.
          ``(3) Remand to secretary.--The findings of fact by the 
        Secretary, if supported by substantial evidence, shall be 
        conclusive; but the court, for good cause shown, may remand the 
        case to the Secretary to take further evidence and the 
        Secretary may make new or modified findings of fact and may 
        modify the Secretary's previous action, and shall file in the 
        court the record of the further proceedings. Such new or 
        modified findings of fact shall likewise be conclusive if 
        supported by substantial evidence.
          ``(4) Court review.--Upon the filing of such petition, the 
        court shall have jurisdiction to affirm the action of the 
        Secretary or to set such action aside, in whole or in part. The 
        judgment of the court shall be subject to review by the Supreme 
        Court of the United States upon certiorari or certification as 
        provided in section 1254 of title 28, United States Code.

``SEC. 6403. FEDERAL ADMINISTRATION.

  ``(a) Technical Assistance.--The Secretary, upon request, shall 
provide technical assistance to States and local educational agencies 
under this title.
  ``(b) Rulemaking.--The Secretary shall issue regulations under this 
title only to the extent that such regulations are necessary to ensure 
that there is compliance with the specific requirements and assurances 
required by this title.
  ``(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 title shall become available for obligation on July 1 of such 
fiscal year and shall remain available for obligation until the end of 
the subsequent fiscal year.

``SEC. 6404. DEFINITIONS.

  ``For purposes of this title:
          ``(1) Effective schools programs.--The term `effective 
        schools programs' means school-based programs that may 
        encompass preschool through secondary school levels and that 
        have the objectives of--
                  ``(A) promoting school-level planning, instructional 
                improvement, and staff development;
                  ``(B) increasing the academic achievement levels of 
                all children and particularly educationally 
                disadvantaged children; and
                  ``(C) achieving as ongoing conditions in the school 
                the following factors identified through scientifically 
                based research as distinguishing effective from 
                ineffective schools:
                          ``(i) Strong and effective administrative and 
                        instructional leadership that creates consensus 
                        on instructional goals and organizational 
                        capacity for instructional problem solving.
                          ``(ii) Emphasis on the acquisition of basic 
                        and advanced academic skills.
                          ``(iii) A safe and orderly school environment 
                        that allows teachers and pupils to focus their 
                        energies on academic achievement.
                          ``(iv) Continuous review of students and 
                        programs to evaluate the effects of 
                        instruction.
          ``(2) School-age population.--The term `school-age 
        population' means the population aged 5 through 17.
          ``(3) Scientifically based research.--The term 
        `scientifically based research'--
                  ``(A) means the application of rigorous, systematic, 
                and objective procedures to obtain valid knowledge 
                relevant to effective schools programs; and
                  ``(B) shall include research that--
                          ``(i) employs systematic, empirical methods 
                        that draw on observation or experiment;
                          ``(ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                          ``(iii) relies on measurements or 
                        observational methods that provide valid data 
                        across evaluators and observers and across 
                        multiple measurements and observations; and
                          ``(iv) has been accepted by a peer-reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.
          ``(4) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 6405. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this title 
$365,750,000 for fiscal year 2000 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.''.

               TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE

             PART A--FUND FOR THE IMPROVEMENT OF EDUCATION

SEC. 501. FUND FOR THE IMPROVEMENT OF EDUCATION.

  Part A of title X of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 8001 et seq.) is amended to read as follows:

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

``SEC. 10101. PROHIBITION ON FEDERALLY SPONSORED TESTING.

  ``Notwithstanding any other provision of Federal law, no funds 
provided under this part to the Secretary or to the recipient of any 
award may be used to develop, pilot test, field test, implement, 
administer, or distribute any federally sponsored national test in 
reading, mathematics, or any other subject, unless specifically and 
explicitly authorized by law.

``SEC. 10102. PROHIBITION ON FEDERAL ENDORSEMENT OF ELEMENTARY AND 
                    SECONDARY SCHOOL CURRICULUM.

  ``Notwithstanding any other provision of Federal law, no funds 
provided under this part to the Secretary may be used to endorse, 
approve, or sanction any curriculum designed to be used in elementary 
or secondary schools.

``SEC. 10103. FUND FOR THE IMPROVEMENT OF EDUCATION.

  ``(a) Programs and Projects Authorized.--
          ``(1) In general.--From funds appropriated under this part, 
        the Secretary is authorized to support nationally significant 
        programs and projects to improve the quality of elementary and 
        secondary education at the State and local levels.
          ``(2) Methods for carrying out programs and projects.--The 
        Secretary is authorized to carry out such programs and projects 
        directly, or through grants to or contracts with States or 
        local educational agencies, institutions of higher education, 
        and other public and private agencies, organizations, and 
        institutions, including religious organizations.
  ``(b) Uses of Funds.--The funds appropriated under this part may be 
used for any of the following activities and programs:
          ``(1) Activities to promote systemic education reform at the 
        State and local levels, including--
                  ``(A) scientifically based research to improve 
                student academic achievement at the State and local 
                level; and
                  ``(B) the development and evaluation of strategies 
                for parent and community involvement.
          ``(2) Programs at the State and local levels which are 
        designed to yield significant results, including programs to 
        explore approaches to public school choice and school-based 
        decision-making.
          ``(3) Programs designed to promote public school choice.
          ``(4) Performance rewards for States which--
                  ``(A) make significant progress in eliminating 
                achievement gaps by increasing the proportions of 2 or 
                more groups of students described in section 
                1111(a)(3)(I) who meet State proficiency standards; and
                  ``(B) have agreed to meet specific and numerical 
                performance goals during the term of a performance 
                agreement of at least 5 years in length.
          ``(5) Activities to promote and evaluate coordinated pupil 
        services programs.
          ``(6) Activities to promote consumer, economic, 
        entrepreneurial, and personal finance education, including 
        disseminating and encouraging the best practices for teaching 
        the basic principles of economics and promoting the concept of 
        achieving financial literacy through the teaching of personal 
        financial management skills, including the basic principles 
        involved with earning, spending, saving, and investing.
          ``(7) Studies, evaluations, and dissemination of various 
        education reform strategies and innovations based on 
        scientifically based research being pursued by the Federal 
        Government, States, and local educational agencies.
          ``(8) The identification and recognition of exemplary schools 
        and programs such as Blue Ribbon Schools.
          ``(9) Experiential-based learning programs.
          ``(10) The development and expansion of public-private 
        partnership education programs which extend the learning 
        experience beyond the classroom environment through the use of 
        computers.
          ``(11) An independent study conducted in consultation with 
        appropriate entities, which will provide a multi-level 
        coordinated implementation strategy based on scientifically 
        based research, for effective professional development 
        activities for mathematics and science teachers.
          ``(12) Programs to hire and support school nurses.
          ``(13) Grants for the education of recent immigrants to the 
        United States.
          ``(14) Activities to plan, implement, or expand alternative 
        education programs to reduce classroom disruptions and provide 
        a safe learning environment.
          ``(15) Grants for elementary and secondary school counseling 
        programs under section 10104.
          ``(16) Grants for character education programs under section 
        10105.
          ``(17) Grants for smaller learning communities within high 
        schools programs under section 10106.

``SEC. 10104. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.

  ``(a) Grants Authorized.--
          ``(1) In general.--The Secretary may use funds provided under 
        this part to award grants to local educational agencies to 
        enable such agencies to establish or expand elementary and 
        secondary school counseling programs which meet the 
        requirements of subsection (b).
          ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give special consideration to applications 
        describing programs which--
                  ``(A) demonstrate the greatest need for new or 
                additional counseling services among the children in 
                the schools served by the applicant;
                  ``(B) propose the most promising and innovative 
                approaches for initiating or expanding school 
                counseling; and
                  ``(C) show the greatest potential for replication and 
                dissemination.
          ``(3) Equitable distribution.--In awarding grants under this 
        section, the Secretary shall ensure an equitable geographic 
        distribution among the regions of the United States and among 
        urban, suburban, and rural local educational agencies.
          ``(4) Duration.--A grant under this section shall be awarded 
        for a period not to exceed 3 years.
  ``(b) Requirements for Counseling Programs.--Each program funded 
under this section shall--
          ``(1) be comprehensive in addressing the counseling and 
        educational needs of all students;
          ``(2) use a developmental, preventive approach to counseling;
          ``(3) increase the range, availability, quantity, and quality 
        of counseling services in the elementary and secondary schools 
        of the local educational agency;
          ``(4) expand counseling services through qualified school 
        counselors, school psychologists, and school social workers;
          ``(5) use innovative approaches to increase children's 
        understanding of peer and family relationships, work and self, 
        decision making, or academic and career planning, or to improve 
        peer interaction;
          ``(6) provide counseling services in settings that meet the 
        range of needs of students;
          ``(7) include inservice training, including training for 
        teachers in appropriate identification and intervention 
        techniques for disciplining and teaching students at risk of 
        violent behavior, by school counselors, school psychologists, 
        and school social workers;
          ``(8) involve parents of participating students in the 
        design, implementation, and evaluation of a counseling program;
          ``(9) involve collaborative efforts with community groups, 
        social service agencies, or other public or private entities to 
        enhance the program;
          ``(10) evaluate annually the effectiveness and outcomes of 
        the counseling services and activities assisted under this 
        section;
          ``(11) ensure a team approach to school counseling in the 
        elementary and secondary schools of the local educational 
        agency by maintaining a scientifically based ratio of school 
        counselors, school social workers, and school psychologists to 
        students; and
          ``(12) ensure that school counselors, school psychologists, 
        or school social workers paid from funds made available under 
        this section spend a majority of their time at the school in 
        activities directly related to the counseling process.
  ``(c) Limit on Administration.--Not more than 3 percent of the 
amounts made available under this section in any fiscal year may be 
used for administrative costs to carry out this section.
  ``(d) Definitions.--For purposes of this section, the terms `school 
counselor', `school psychologist', and `school social worker', mean 
individuals qualified, licensed, or certified under State law to 
provide mental health counseling to children and adolescents.

``SEC. 10105. CHARACTER EDUCATION PROGRAM.

  ``(a) Program Authorized.--
          ``(1) In general.--The Secretary may use funds provided under 
        this part to award grants to States, local educational 
        agencies, or consortia of such educational agencies for the 
        design and implementation of character education programs which 
        incorporate the elements of character described in subsection 
        (c).
          ``(2) Duration.--Each grant under this section shall be 
        awarded for a period not to exceed 5 years, of which the 
        recipient may not use more than 1 year for planning and program 
        design.
  ``(b) Contracts Under Program.--
          ``(1) Evaluation.--Each State, local educational agency, or 
        consortia of such educational agencies awarded 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 (c).
          ``(2) Materials and program development.--Each State, local 
        educational agency, or consortia of such educational agencies 
        awarded a grant under this section may contract with outside 
        sources, including institutions of higher education and private 
        and nonprofit organizations, for assistance in developing 
        curriculum, materials, teacher training, and other activities 
        related to character education.
  ``(c) Elements of Character.--The elements of character described in 
this subsection are as follows:
          ``(1) Honesty.
          ``(2) Citizenship.
          ``(3) Courage.
          ``(4) Justice.
          ``(5) Respect.
          ``(6) Personal Responsibility.
          ``(7) Trustworthiness.
          ``(8) Any other elements deemed appropriate by the State, 
        local educational agency, or consortia of such educational 
        agencies receiving a grant under this paragraph.
  ``(d) Selection of Recipients.--
          ``(1) Criteria.--The Secretary shall select States, local 
        educational agencies, or consortia of such educational agencies 
        to receive grants under this section on the basis of the 
        quality of the applications submitted, taking into 
        consideration such factors as--
                  ``(A) the extent to which the proposed character 
                education program fosters in students the elements of 
                character described in subsection (c);
                  ``(B) the extent of parental, student, and community 
                involvement in the program; and
                  ``(C) the likelihood that the goals of the program 
                will be realistically achieved.
          ``(2) Diversity of projects.--The Secretary shall approve 
        applications for grants under this section in a manner which 
        ensures to the extent practicable that the character education 
        programs funded with such grants--
                  ``(A) serve an equitable geographic distribution 
                among the regions of the United States and among urban, 
                suburban, and rural areas; and
                  ``(B) serve schools which serve a high percentage of 
                minorities, Native Americans, students of limited 
                English proficiency, and disadvantaged students.

``SEC. 10106. SMALLER LEARNING COMMUNITIES WITHIN HIGH SCHOOLS.

  ``(a) In General.--The Secretary may use funds provided under this 
part to--
          ``(1) promote the creation of smaller learning communities 
        within high schools in which students may receive greater 
        individual attention and support, including the development and 
        implementation of scientifically based research strategies 
        described in subsection (b) to create such communities; and
          ``(2) develop and implement strategies to include parents, 
        business representatives, institutions of higher education, 
        community-based organizations, and other community members in 
        such communities.
  ``(b) Examples of Strategies to Create Smaller Learning 
Communities.--The strategies described in this subsection to create 
smaller learning communities within high schools may include:
          ``(1) The establishment of learning clusters, `houses', 
        magnet schools, or other approaches to creating schools within 
        schools.
          ``(2) The use of block scheduling.
          ``(3) The use of personal adult advocates, teacher-advisory 
        systems, and other mentoring strategies.
          ``(4) Strategies to reduce teaching loads.
          ``(5) Other innovations designed to increase student academic 
        achievement through the creation of a more personalized high 
        school experience for students.
  ``(c) Size of Communities.--In using funds under this section, the 
Secretary's goal shall be the creation of learning communities of not 
more than 600 students within high schools.

``SEC. 10107. GENERAL PROVISIONS.

  ``(a) Awards Made on Competitive Basis.--The Secretary may make 
awards under this part on the basis of competitions announced by the 
Secretary.
  ``(b) Special Rule.--The Secretary shall ensure that programs, 
projects, and activities supported under this part are designed so that 
the effectiveness of such programs, projects, and activities is readily 
ascertainable and based on scientifically based research.
  ``(c) Peer Review.--The Secretary shall use a peer review process in 
reviewing applications for assistance under this part, and may use 
funds appropriated under this part for the cost of such peer review.
  ``(d) Applications.--An applicant for an award under this part shall 
submit an application which--
          ``(1) establishes clear goals and objectives for its project 
        under this part which are based on scientifically based 
        research; and
          ``(2) describes the activities it will carry out in order to 
        meet the goals and objectives described in paragraph (1).
  ``(e) Evaluations.--A recipient of an award under this part shall--
          ``(1) evaluate the effectiveness of its project in achieving 
        the goals and objectives stated in its application; and
          ``(2) report to the Secretary such information as may be 
        required, including evidence of its progress toward meeting the 
        such goals, to determine the project's effectiveness.
  ``(f) Dissemination of Evaluation Results.--The Secretary shall 
provide for the dissemination of the evaluations of projects funded 
under this part by making the evaluations publicly available upon 
request, and shall publish public notice that the evaluations are so 
available.
  ``(g) Matching Funds.--The Secretary may require recipients of awards 
under this part to provide matching funds from non-Federal sources.
  ``(h) Scientifically Based Research Defined.--In this part, the term 
`scientifically based research'--
          ``(1) means the application of rigorous, systematic, and 
        objective procedures to obtain valid knowledge relevant to 
        education activities and programs; and
          ``(2) shall include research which--
                  ``(A) employs systematic, empirical methods which 
                draw on observation or experiment,
                  ``(B) involves rigorous data analyses which are 
                adequate to test the stated hypotheses and justify the 
                general conclusions drawn,
                  ``(C) relies on measurements or observational methods 
                which provide valid data across evaluators and 
                observers and across multiple measurements and 
                observations, and
                  ``(D) has been accepted by a peer reviewed journal or 
                approved by a panel of independent experts through a 
                comparably rigorous, objective, and scientific review.
  ``(i) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated $50,000,000 for 
fiscal year 2000 and $50,000,000 for each of the 5 succeeding fiscal 
years.''.

                         PART B--ARTS EDUCATION

SEC. 511. ARTS EDUCATION.

  Part D of title X of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 8091 et seq.) is amended to read as follows:

                        ``PART D--ARTS EDUCATION

``SEC. 10401. SUPPORT FOR ARTS EDUCATION.

  ``(a) Findings.--The Congress finds that--
          ``(1) every student can benefit from an education in the 
        arts;
          ``(2) a growing body of research indicates that education in 
        the arts may provide cognitive benefits and bolster academic 
        achievement, beginning at an early age and continuing through 
        school;
          ``(3) qualified arts teachers and sequential curriculum are 
        the basis and core for substantive arts education for students;
          ``(4) arts education programs should be grounded in rigorous 
        instruction and take their place within a structure of direct 
        accountability to parents, school officials, and the community;
          ``(5) opportunities in the arts have enabled persons of all 
        ages with disabilities to participate more fully in school and 
        community activities; and
          ``(6) arts education is a valuable part of the elementary and 
        secondary school curriculum.
  ``(b) Purposes.--The purposes of this part are to--
          ``(1) support systemic education reform by strengthening arts 
        education as an integral part of the elementary and secondary 
        school curriculum; and
          ``(2) help ensure that all students can learn to challenging 
        State content standards and challenging State student 
        performance standards in the arts.
  ``(c) Eligible Recipients.--In order to carry out the purposes of 
this part, the Secretary is authorized to award grants to, or enter 
into contracts or cooperative agreements with--
          ``(1) States;
          ``(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.
  ``(d) Authorized Activities.--Funds under this part may be used for--
          ``(1) research on arts education;
          ``(2) planning, developing, acquiring, expanding, improving, 
        and disseminating model school-based arts education programs;
          ``(3) the development of model State arts education 
        assessments based on State standards;
          ``(4) the development and implementation of curriculum 
        frameworks for arts education;
          ``(5) the development of model inservice professional 
        development programs for arts educators and other instructional 
        staff;
          ``(6) supporting collaborative activities with other Federal 
        agencies or institutions, arts educators, and organizations 
        representing the arts, including State and local arts agencies 
        involved in arts education;
          ``(7) supporting model projects and programs in the 
        performing arts for children and youth and programs which 
        assure the participation in mainstream settings in arts and 
        education programs of individuals with disabilities through 
        arrangements made with organizations such as the John F. 
        Kennedy Center for the Performing Arts and VSA arts;
          ``(8) supporting model projects and programs to integrate 
        arts education into the regular elementary and secondary school 
        curriculum; and
          ``(9) other activities that further the purposes of this 
        part.
  ``(e) Coordination and Consultation.--
          ``(1) In general.--A recipient of funds under this part 
        shall, to the extent possible, coordinate projects assisted 
        under this part with appropriate activities of public and 
        private cultural agencies, institutions, and organizations, 
        including museums, arts education associations, libraries, and 
        theaters.
          ``(2) Consultation.--In carrying out this part, the Secretary 
        shall consult with other Federal agencies or institutions, arts 
        educators (including professional arts education associations), 
        and organizations representing the arts including State and 
        local arts agencies involved in arts education.
  ``(f) Authorization.--
          ``(1) In general.--For the purpose of carrying out this part, 
        there are authorized to be appropriated $11,500,000 for fiscal 
        year 2000 and such sums as may be necessary for each of the 5 
        succeeding fiscal years.
          ``(2) Special rule.--Any entity receiving funds under this 
        part shall use such funds only to supplement and not to 
        supplant the amount of funds made available from non-Federal 
        sources for the activities assisted under this part.''.

                     PART C--PUBLIC CHARTER SCHOOLS

SEC. 521. PUBLIC CHARTER SCHOOLS.

  (a) Charter School Defined.--Section 10310(1)(H) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 8066(1)(H)) is amended 
by inserting ``or in another nondiscriminatory manner consistent with 
State law,'' after ``lottery,''.
  (b) Authorization of Appropriations.--Section 10311 (20 U.S.C. 8067) 
is amended--
          (1) by striking ``$100,000,000 for fiscal year 1999'' and 
        inserting ``$145,000,000 for fiscal year 2000''; and
          (2) by striking ``four'' and inserting ``5''.

                        PART D--CIVIC EDUCATION

SEC. 531. CIVIC EDUCATION.

  Part F of title X of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 8141 et seq.) is amended to read as follows:

                       ``PART F--CIVIC EDUCATION

``SEC. 10601. SHORT TITLE.

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

``SEC. 10602. PURPOSE.

  ``It is the purpose of this part--
          ``(1) to improve the quality of civics and government 
        education, by educating students about the history and 
        principles of the Constitution of the United States, including 
        the Bill of Rights; and
          ``(2) to foster civic competence and responsibility.

``SEC. 10603. GENERAL AUTHORITY.

  ``The Secretary is authorized to award grants to or enter into 
contracts with the Center for Civic Education to carry out civic 
education activities under sections 10604.

``SEC. 10604. WE THE PEOPLE PROGRAM.

  ``(a) The Citizen and the Constitution.--
          ``(1) In general.--The Center for Civic Education shall use 
        funds awarded under section 10603(a) to carry out The Citizen 
        and the Constitution program in accordance with this 
        subsection.
          ``(2) Educational activities.--The Citizen and the 
        Constitution program--
                  ``(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;
                  ``(B) shall enhance student attainment of challenging 
                content standards in civics and government; and
                  ``(C) shall provide--
                          ``(i) 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;
                          ``(ii) at the request of a participating 
                        school, school and community simulated 
                        congressional hearings following the course of 
                        study;
                          ``(iii) an annual national competition of 
                        simulated congressional hearings for secondary 
                        school students who wish to participate in such 
                        a program;
                          ``(iv) advanced training of teachers about 
                        the Constitution of the United States and the 
                        political system the United States created;
                          ``(v) materials and methods of instruction, 
                        including teacher training, that utilize the 
                        latest advancements in educational technology; 
                        and
                          ``(vi) 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 elementary and secondary schools, including 
        Bureau funded schools, in the 435 congressional districts, and 
        in 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) In general.--The Center for Civic Education shall use 
        funds awarded under section 10603(a) to carry out The Project 
        Citizen program in accordance with this subsection.
          ``(2) Educational activities.--The Project Citizen program--
                  ``(A) shall continue and expand the educational 
                activities of the `We the People . . . Project Citizen' 
                program administered by the Center for Civic Education;
                  ``(B) shall enhance student attainment of challenging 
                content standards in civics and government; and
                  ``(C) shall provide--
                          ``(i) 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;
                          ``(ii) optional school and community 
                        simulated State legislative hearings;
                          ``(iii) an annual national showcase or 
                        competition;
                          ``(iv) advanced training of teachers on the 
                        roles of State and local governments in the 
                        Federal system established by the Constitution 
                        of the United States;
                          ``(v) materials and methods of instruction, 
                        including teacher training, that utilize the 
                        latest advancements in educational technology; 
                        and
                          ``(vi) 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 of the United 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. 10605. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out section 10604, 
$9,850,000 for fiscal year 2000 and such sums as may be necessary for 
each of the fiscal years 2001 through 2005.''.

              PART E--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

SEC. 541. ALLEN J. ELLENDER FELLOWSHIP PROGRAM.

  Part G of title X of the Elementary and Secondary Education Act of 
1965 is amended to read as follows:

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

``SEC. 10701. FINDINGS.

  ``The Congress finds as follows:
          ``(1) It is a worthwhile goal to ensure that all students in 
        America are prepared for responsible citizenship and that all 
        students should have the opportunity to be involved in 
        activities that promote and demonstrate good citizenship.
          ``(2) It is a worthwhile goal to ensure that America's 
        educators have access to programs for the continued improvement 
        of their professional skills.
          ``(3) Allen J. Ellender, a Senator from Louisiana and 
        President pro tempore of the United States Senate, had a 
        distinguished career in public service characterized by 
        extraordinary energy and real concern for young people. Senator 
        Ellender provided valuable support and encouragement to the 
        Close Up Foundation, a nonpartisan, nonprofit foundation 
        promoting knowledge and understanding of the Federal Government 
        among young people and educators. Therefore, it is a fitting 
        and appropriate tribute to Senator Ellender to provide 
        fellowships in his name to students of limited economic means, 
        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.

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

``SEC. 10711. 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 program described in subsection (a). Financial 
assistance received pursuant to this subpart by such students shall be 
known as Allen J. Ellender fellowships.

``SEC. 10712. 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. 10721. 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 program 
described in subsection (a). Financial assistance received pursuant to 
this subpart by such individuals shall be known as Allen J. Ellender 
fellowships.

``SEC. 10722. 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 teachers school 
        who participates in the programs described in section 10711(a);
          ``(2) that not more than one teacher in each school 
        participating in the programs provided for in section 10711(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. 10731. 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 program described in subsection (a). Financial assistance received 
pursuant to this subpart by such individuals shall be known as Allen J. 
Ellender fellowships.

``SEC. 10732. 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. 10741. 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 Generals 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. 10742. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) In General.--There are authorized to be appropriated to carry 
out the provisions of subparts 1, 2, and 3 of this part $4,400,000 for 
fiscal year 2001 and such sums as may be necessary of each of the four 
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 
10711(a).''.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. GENERAL PROVISIONS.

  Title XIV of the Elementary and Secondary Education Act is amended to 
read as follows:

                    ``TITLE XIV--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

``SEC. 14101. DEFINITIONS.

  ``Except as otherwise provided, for the purposes of this Act, the 
following terms have the following meanings:
          ``(1) Average daily attendance--
                  ``(A) Except as provided otherwise by State law or 
                this paragraph, the term `average daily attendance' 
                means--
                          ``(i) the aggregate number of days of 
                        attendance of all students during a school 
                        year; divided by
                          ``(ii) the number of days school is in 
                        session during such school year.
                  ``(B) The Secretary shall permit the conversion of 
                average daily membership (or other similar data) to 
                average daily attendance for local educational agencies 
                in States that provide State aid to local educational 
                agencies on the basis of average daily membership or 
                such other data.
                  ``(C) If the local educational agency in which a 
                child resides makes a tuition or other payment for the 
                free public education of the child in a school located 
                in another school district, the Secretary shall, for 
                purposes of this Act--
                          ``(i) consider the child to be in attendance 
                        at a school of the agency making such payment; 
                        and
                          ``(ii) not consider the child to be in 
                        attendance at a school of the agency receiving 
                        such payment.
                  ``(D) If a local educational agency makes a tuition 
                payment to a private school or to a public school of 
                another local educational agency for a child with 
                disabilities, as defined in section 602(3) 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) Child with disability.--The term `child with a 
        disability' means a child--
                  ``(A) with mental retardation, hearing impairments, 
                hearing impairments (including deafness), speech or 
                language impairments, visual impairments (including 
                blindness), serious emotional disturbance (hereinafter 
                referred to as `emotional disturbance'), orthopedic 
                impairments, autism, traumatic brain injury, other 
                health impairments, or specific learning disabilities; 
                and
                  ``(B) who, by reason thereof, needs special education 
                and related services.
          ``(5) 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.
          ``(6) Consolidated local application.--The term `consolidated 
        local application' means an application submitted by a local 
        educational agency pursuant to section 14305.
          ``(7) Consolidated local plan.--The term `consolidated local 
        plan' means a plan submitted by a local educational agency 
        pursuant to section 14305.
          ``(8) Consolidated state application.--The term `consolidated 
        State application' means an application submitted by a State 
        educational agency pursuant to section 14302.
          ``(9) Consolidated state plan.--The term `consolidated State 
        plan' means a plan submitted by a State educational agency 
        pursuant to section 14302.
          ``(10) 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.
          ``(11) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                  ``(A) part A of title I;
                  ``(B) part B of title I;
                  ``(C) part C of title I;
                  ``(D) part D of title I;
                  ``(E) title II (other than National activities);
                  ``(F) subpart 2 of part A of title III;
                  ``(G) part A title IV (other than section 4115(b));
                  ``(H) title VI;
                  ``(I) 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);
                  ``(K) part A of title VII;
                  ``(L) part C of title VII;
                  ``(M) part J of title X; and
                  ``(N) title XII.
          ``(12) Current expenditures.--The term `current expenditures' 
        means expenditures for free public education--
                  ``(A) including expenditures for administration, 
                instruction, attendance, pupil transportation services, 
                operation and maintenance of plant, fixed charges, and 
                net expenditures to cover deficits for food services 
                and student body activities; but
                  ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I and 
                title VI.
          ``(13) Department.--The term `Department' means the 
        Department of Education.
          ``(14) 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.
          ``(15) 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.
          ``(16) Family literacy services.--The term `family literacy 
        services' means services provided to participants on a 
        voluntary basis that are of sufficient intensity in terms of 
        hours, and of sufficient duration, to make sustainable changes 
        in a family, and that integrate all of the following 
        activities:
                  ``(A) Interactive literacy activities between parents 
                and their children.
                  ``(B) Training for parents regarding how to be the 
                primary teacher for their children and full partners in 
                the education of their children.
                  ``(C) Parent literacy training that leads to economic 
                self-sufficiency.
                  ``(D) An age-appropriate education to prepare 
                children for success in school and life experiences.
          ``(17) Free public education.--The term `free public 
        education' means education that is provided--
                  ``(A) at public expense, under public supervision and 
                direction, and without tuition charge; and
                  ``(B) as elementary or secondary school education as 
                determined under applicable State law, except that such 
                term does not include any education provided beyond 
                grade 12.
          ``(18) 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.
          ``(19) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101 of the Higher Education Act of 1965.
          ``(20) Local educational agency.--(A) The term `local 
        educational agency' means a public board of education or other 
        public authority legally constituted within a State for either 
        administrative control or direction of, or to perform a service 
        function for, public elementary or secondary schools in a city, 
        county, township, school district, or other political 
        subdivision of a State, or for such combination of school 
        districts or counties as are recognized in a State as an 
        administrative agency for its public elementary or secondary 
        schools.
          ``(B) The term includes any other public institution or 
        agency having administrative control and direction of a public 
        elementary or secondary school.
          ``(C) The term includes an elementary or secondary school 
        funded by the Bureau of Indian Affairs but only to the extent 
        that such inclusion makes such school eligible for programs for 
        which specific eligibility is not provided to such school in 
        another provision of law and such school does not have a 
        student population that is smaller than the student population 
        of the local educational agency receiving assistance under this 
        Act with the smallest student population, except that such 
        school shall not be subject to the jurisdiction of any State 
        educational agency other than the Bureau of Indian Affairs.
          ``(D) The term includes educational service agencies and 
        consortia of such agencies.
          ``(21) 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.
          ``(22) Other staff.--The term `other staff' means pupil 
        services personnel, librarians, career guidance and counseling 
        personnel, education aides, and other instructional and 
        administrative personnel.
          ``(23) Outlying area.--The term `outlying area' means the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
          ``(24) Parent.--The term `parent' includes a legal guardian 
        or other person standing in loco parentis.
          ``(25) Public telecommunication entity.--The term `public 
        telecommunication entity' has the same meaning given to such 
        term in section 397(12) of the Communications Act of 1934.
          ``(26) Pupil services personnel; pupil services.--(A) The 
        term `pupil services personnel' means school counselors, school 
        social workers, school psychologists, and other qualified 
        professional personnel involved in providing assessment, 
        diagnosis, counseling, educational, therapeutic, and other 
        necessary services (including related services as such term is 
        defined in section 602(22) of the Individuals with Disabilities 
        Education Act) as part of a comprehensive program to meet 
        student needs.
          ``(B) The term `pupil services' means the services provided 
        by pupil services personnel.
          ``(27) Scientifically based research.--The term 
        `scientifically based research'--
                  ``(A) means the application of rigorous, systematic, 
                and objective procedures to obtain valid knowledge 
                relevant to education activities and programs; and
                  ``(B) shall include research that--
                          ``(i) employs systematic, empirical methods 
                        that draw on observation or experiment;
                          ``(ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                          ``(iii) relies on measurements or 
                        observational methods that provide valid data 
                        across evaluators and observers and across 
                        multiple measurements and observations;
                          ``(iv) is evaluated using randomized 
                        experiments in which individuals, entities, 
                        programs, or activities are randomly assigned 
                        to different variations (including a control 
                        condition) to compare the relative effects of 
                        the variations; and
                          ``(v) has been accepted by a peer-reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.
          ``(28) 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.
          ``(29) Secretary.--The term `Secretary' means the Secretary 
        of Education.
          ``(30) 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.
          ``(31) State educational agency.--The term `State educational 
        agency' means the agency primarily responsible for the State 
        supervision of public elementary and secondary schools.
          ``(32) Technology.--The term `technology' means the latest 
        state-of-the-art technology products and services.

``SEC. 14102. APPLICABILITY OF TITLE.

  ``Parts B, C, D, E, and F of this title do not apply to title VIII of 
this Act.

``SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED 
                    SCHOOLS.

  ``For purposes of any competitive program under this Act, a consortia 
of schools operated by the Bureau of Indian Affairs, a school operated 
under a contract or grant with the Bureau of Indian Affairs in 
consortia with another contract or grant school or tribal or community 
organization, or a Bureau of Indian Affairs school in consortia with an 
institution of higher education, a contract or grant school and tribal 
or community organization shall be given the same consideration as a 
local educational agency.

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

``SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                    ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

  ``(a) Consolidation of Administrative Funds.--
          ``(1) In general.--A State educational agency may consolidate 
        the amounts specifically made available to such agency for 
        State administration under one or more of the programs under 
        paragraph (2) if such State educational agency can demonstrate 
        that the majority of such agency's resources are derived from 
        non-Federal sources.
          ``(2) Applicability.--This section applies to any program 
        under this Act under which funds are authorized to be used for 
        administration, and such other programs as the Secretary may 
        designate.
  ``(b) Use of funds.--
          ``(1) In general.--A State educational agency shall use the 
        amount available under this section for the administration of 
        the programs included in the consolidation under subsection 
        (a).
          ``(2) Additional uses.--A State educational agency may also 
        use funds available under this section for administrative 
        activities designed to enhance the effective and coordinated 
        use of funds under programs included in the consolidation under 
        subsection (a), such as--
                  ``(A) the coordination of such programs with other 
                Federal and non-Federal programs;
                  ``(B) the establishment and operation of peer-review 
                mechanisms under this Act;
                  ``(C) the administration of this title;
                  ``(D) the dissemination of information regarding 
                model programs and practices;
                  ``(E) technical assistance under any program under 
                this Act;
                  ``(F) State level activities designed to carry out 
                this title;
                  ``(G) training personnel engaged in audit and other 
                monitoring activities; and
                  ``(H) implementation of the Cooperative Audit 
                Resolution and Oversight Initiative of the Department 
                of Education.
  ``(c) Records.--A State educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual program, to account for costs relating 
to the administration of programs included in the consolidation under 
subsection (a).
  ``(d) Review.--To determine the effectiveness of State administration 
under this section, the Secretary may periodically review the 
performance of State educational agencies in using consolidated 
administrative funds under this section and take such steps as the 
Secretary finds appropriate to ensure the effectiveness of such 
administration.
  ``(e) Unused administrative funds.--If a State educational agency 
does not use all of the funds available to such agency under this 
section for administration, such agency may use such funds during the 
applicable period of availability as funds available under one or more 
programs included in the consolidation under subsection (a).

``SEC. 14202. 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. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

  ``(a) General Authority.--In accordance with regulations of the 
Secretary and for any fiscal year, a local educational agency, with the 
approval of its State educational agency, may consolidate and use for 
the administration of one or more programs under this Act (or such 
other programs as the Secretary shall designate) not more than the 
percentage, established in each such program, of the total available 
for the local educational agency under such programs.
  ``(b) State Procedures.--Within one-year from the date of enactment 
of the Education OPTIONS 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 such programs 
that may be used for administration on a consolidated basis.
  ``(c) Conditions.--A local educational agency that consolidates 
administrative funds under this section for any fiscal year shall not 
use any other funds under the programs included in the consolidation 
for administration for that fiscal year.
  ``(d) Uses of Administrative Funds.--A local educational agency that 
consolidates administrative funds under this section may use such 
consolidated funds for the administration of such programs and for 
uses, at the school district and school levels, comparable to those 
described in section 14201(b)(2).
  ``(e) Records.--A local educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual program, to account for costs relating 
to the administration of such programs included in the consolidation.

``SEC. 14205. 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 of this Act, and the education for homeless children 
        and youth program under subtitle B of title VII of the Stewart 
        B. McKinney Homeless Assistance Act, the amounts allotted to 
        the Department of the Interior under those programs.
          ``(2) Agreement.--(A) The Secretary and the Secretary of the 
        Interior shall enter into an agreement, consistent with the 
        requirements of the programs specified in paragraph (1), for 
        the distribution and use of those program funds under terms 
        that the Secretary determines best meet the purposes of those 
        programs.
          ``(B) The agreement shall--
                  ``(i) set forth the plans of the Secretary of the 
                Interior for the use of the amount transferred and the 
                performance measures to assess program effectiveness, 
                including measurable goals and objectives; and
                  ``(ii) be developed in consultation with Indian 
                tribes.
  ``(b) Administration.--The Department of the Interior may use not 
more than 1.5 percent of the funds consolidated under this section for 
such department's costs related to the administration of the funds 
transferred under this section.

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

``SEC. 14301. PURPOSE.

  ``The purposes of this part are to improve teaching and learning 
through greater coordination between programs and to provide greater 
flexibility to State and local authorities by allowing the 
consolidation of State and local plans, applications, and reporting.

``SEC. 14302. 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) any programs under this Act in which the State 
                participates; and
                  ``(B) such other programs as the Secretary may 
                designate.
          ``(2) Consolidated applications and plans.--A State 
        educational agency that submits a consolidated State plan or a 
        consolidated State application under this section shall not be 
        required to submit a separate State plan or application for a 
        program included in the consolidated State plan or application.
  ``(b) Collaboration.--
          ``(1) In general.--In establishing criteria and procedures 
        under this section, the Secretary shall collaborate with State 
        educational agencies and, as appropriate, with other State 
        agencies, local educational agencies, public and private 
        nonprofit agencies, organizations, and institutions, private 
        schools, and representatives of parents, students, and 
        teachers.
          ``(2) Contents.--Through the collaborative process described 
        in paragraph (1), the Secretary shall establish, for each 
        program under the Act to which this section applies, the 
        descriptions, information, assurances, and other material 
        required to be included in a consolidated State plan or 
        consolidated State application.
          ``(3) Necessary materials.--The Secretary shall require only 
        descriptions, information, assurances, and other materials that 
        are absolutely necessary for the consideration of the 
        consolidated State plan or consolidated State application.

``SEC. 14303. CONSOLIDATED REPORTING.

  ``In order to simplify reporting requirements and reduce reporting 
burdens, the Secretary shall establish procedures and criteria under 
which a State educational agency may submit a consolidated State annual 
report. Such report shall contain information about the programs 
included in the report, including the State's performance under those 
programs, and other matters as the Secretary determines, such as 
monitoring activities. Such a report shall take the place of separate 
individual annual reports for the programs subject to it.

``SEC. 14304. 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 14302, 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 programs under this Act.

``SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

  ``(a) General Authority.--A local educational agency receiving funds 
under more than one program under this Act may submit plans or 
applications to the State educational agency under such programs on a 
consolidated basis.
  ``(b) Required Consolidated Plans or Applications.--A State 
educational agency that has an approved consolidated State plan or 
application under section 14302 may require local educational agencies 
in the State receiving funds under more than one program included in 
the consolidated State plan or consolidated State application to submit 
consolidated local plans or applications under such programs, but may 
not require such agencies to submit separate plans.
  ``(c) Collaboration.--A 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. 14306. OTHER GENERAL ASSURANCES.

  ``(a) Assurances.--Any applicant other than a State educational 
agency that submits a plan or application under this Act, 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 programs under this Act.

                           ``PART D--WAIVERS

``SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

  ``(a) In General.--Except as provided in subsection (c), the 
Secretary may waive any statutory or regulatory requirement of this Act 
or the Carl D. Perkins Vocational and Technical Education Act of 1998 
for a State educational agency, local educational agency, Indian tribe, 
or school through a local educational agency, that--
          ``(1) receives funds under a program authorized by this Act; 
        and
          ``(2) requests a waiver under subsection (b).
  ``(b) Request for Waiver.--
          ``(1) In general.--A State educational agency, local 
        educational agency, or Indian tribe which desires a waiver 
        shall submit a waiver application to the Secretary that--
                  ``(A) indicates each Federal program affected and 
                each statutory or regulatory requirement requested to 
                be waived;
                  ``(B) describes the purpose and overall expected 
                results of waiving each such requirement;
                  ``(C) describes, for each school year, specific, 
                measurable, educational goals for the State educational 
                agency and for each local educational agency, Indian 
                tribe, or school that would be affected by the wavier;
                  ``(D) explains why the waiver will assist the State 
                educational agency and each affected local educational 
                agency, Indian tribe, or school in reaching such goals.
          ``(2) Additional information.--Such requests--
                  ``(A) may provide for waivers of requirements 
                applicable to State educational agencies, local 
                educational agencies, Indian tribes, and schools; and
                  ``(B) shall be developed and submitted--
                          ``(i)(I) by local educational agencies (on 
                        behalf of such agencies and schools) to State 
                        educational agencies; and
                          ``(II) by State educational agencies (on 
                        behalf of, and based upon the requests of, 
                        local educational agencies) to the Secretary; 
                        or
                          ``(ii) by Indian tribes (on behalf of schools 
                        operated by such tribes) to the Secretary.
          ``(3) General requirements.--
                  ``(A) In the case of a waiver request submitted by a 
                State educational agency acting in its own behalf, the 
                State educational agency shall--
                          ``(i) provide all interested local 
                        educational agencies in the State with notice 
                        and a reasonable opportunity to comment on the 
                        request;
                          ``(ii) submit the comments to the Secretary; 
                        and
                          ``(iii) provide notice and information to the 
                        public regarding the waiver request in the 
                        manner that the applying agency customarily 
                        provides similar notices and information to the 
                        public.
                  ``(B) In the case of a waiver request submitted by a 
                local educational agency that receives funds under this 
                Act--
                          ``(i) such request shall be reviewed by the 
                        State educational agency and be accompanied by 
                        the comments, if any, of such State educational 
                        agency; and
                          ``(ii) notice and information regarding the 
                        waiver request shall be provided to the public 
                        by the agency requesting the waiver in the 
                        manner that such agency customarily provides 
                        similar notices and information to the public.
  ``(c) Restrictions.--The Secretary shall not waive under this section 
any statutory or regulatory requirements relating to--
          ``(1) the allocation or distribution of funds to States, 
        local educational agencies, or other recipients of funds under 
        this Act;
          ``(2) maintenance of effort;
          ``(3) comparability of services;
          ``(4) use of Federal funds to supplement, not supplant, non-
        Federal funds;
          ``(5) equitable participation of private school students and 
        teachers;
          ``(6) parental participation and involvement;
          ``(7) applicable civil rights requirements;
          ``(8) the requirement for a charter school under part C of 
        title X; or
          ``(9) the prohibitions regarding--
                  ``(A) State aid in section 14502;
                  ``(B) use of funds for religious worship or 
                instruction in section 14507; and
                  ``(C) activities in section 14513.
  ``(d) Duration and Extension of Waiver.--
          ``(1) In general.--Except as provided in paragraph (2), the 
        duration of a waiver approved by the Secretary under this 
        section may be for a period not to exceed 5 years.
          ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the Secretary determines that--
                  ``(A) the waiver has been effective in enabling the 
                State or affected recipients to carry out the 
                activities for which the waiver was requested and the 
                waiver has contributed to improved student performance; 
                and
                  ``(B) such extension is in the public interest.
  ``(e) Reports.--
          ``(1) Local waiver.--A local educational agency that receives 
        a waiver under this section shall at the end of the second year 
        for which a waiver is received under this section, and each 
        subsequent year, submit a report to the State educational 
        agency that--
                  ``(A) describes the uses of such waiver by such 
                agency or by schools;
                  ``(B) describes how schools continued to provide 
                assistance to the same populations served by the 
                programs for which waivers are requested; and
                  ``(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, after notice and an 
opportunity for a hearing, that the performance of the State or other 
recipient affected by the waiver has been inadequate to justify a 
continuation of the waiver or if the waiver is no longer necessary to 
achieve its original purposes.
  ``(g) Publication.--A notice of the Secretary's decision to grant 
each waiver under subsection (a) shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of such 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy and civil rights organizations, 
and the public.

                      ``PART E--UNIFORM PROVISIONS

``SEC. 14501. MAINTENANCE OF EFFORT.

  ``(a) In General.--A local educational agency may receive funds under 
a covered program for any fiscal year only if the State educational 
agency finds that either the combined fiscal effort per student or the 
aggregate expenditures of such agency and the State with respect to the 
provision of free public education by such agency for the preceding 
fiscal year was not less than 90 percent of such combined fiscal effort 
or aggregate expenditures for the second preceding fiscal year.
  ``(b) Reduction in Case of Failure To Meet.--
          ``(1) In general.--The State educational agency shall reduce 
        the amount of the allocation of funds under a covered program 
        in any fiscal year in the exact proportion to which a local 
        educational agency fails to meet the requirement of subsection 
        (a) of this section by falling below 90 percent of both the 
        combined fiscal effort per student and aggregate expenditures 
        (using the measure most favorable to such local agency).
          ``(2) Special rule.--No such lesser amount shall be used for 
        computing the effort required under subsection (a) of this 
        section for subsequent years.
  ``(c) Waiver.--The Secretary may waive the requirements of this 
section if the Secretary determines that such a waiver would be 
equitable due to--
          ``(1) exceptional or uncontrollable circumstances such as a 
        natural disaster; or
          ``(2) a precipitous decline in the financial resources of the 
        local educational agency.

``SEC. 14502. PROHIBITION REGARDING STATE AID.

  ``A State shall not take into consideration payments under this Act 
(other than under title VIII) in determining the eligibility of any 
local educational agency in such State for State aid, or the amount of 
State aid, with respect to free public education of children.

``SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

  ``(a) Private School Participation.--
          ``(1) In general.--Except as otherwise provided in this Act, 
        to the extent consistent with the number of eligible children 
        in areas served by a State educational agency, local 
        educational agency, educational service agency, consortium of 
        such agencies, or another entity receiving financial assistance 
        under a program specified in subsection (b), who are enrolled 
        in private elementary and secondary schools in areas served by 
        such agency, consortium or entity, such agency, consortium or 
        entity shall, after timely and meaningful consultation with 
        appropriate private school officials, provide such children and 
        their teachers or other educational personnel, on an equitable 
        basis, special educational services or other benefits that 
        address their needs under such program.
          ``(2) Secular, neutral, and nonideological services or 
        benefits.--Educational services or other benefits, including 
        materials and equipment, provided under this section, shall be 
        secular, neutral, and nonideological.
          ``(3) Special rule.--Educational services and other benefits 
        provided under this section for such private school children, 
        teachers, and other educational personnel shall be equitable in 
        comparison to services and other benefits for public school 
        children, teachers, and other educational personnel 
        participating in such program and shall be provided in a timely 
        manner.
          ``(4) Expenditures.--Expenditures for educational services 
        and other benefits provided under this section to eligible 
        private school children, their teachers, and other educational 
        personnel serving such children shall be equal, taking into 
        account the number and educational needs of the children to be 
        served, to the expenditures for participating public school 
        children.
          ``(5) Provision of services.--Such agency, consortium or 
        entity described in subsection (a)(1) of this section may 
        provide such services directly or through contracts with public 
        and private agencies, organizations, and institutions.
  ``(b) Applicability.--
          ``(1) In general.--This section applies to programs under--
                  ``(A) part C of title I;
                  ``(B) title II;
                  ``(C) title III;
                  ``(D) title IV; and
                  ``(E) title VII.
          ``(2) Definition.--For the purposes of this section, the term 
        `eligible children' means children eligible for services under 
        a program described in paragraph (1).
  ``(c) Consultation.--
          ``(1) In general.--To ensure timely and meaningful 
        consultation, a State educational agency, local educational 
        agency, educational service agency, consortium of such agencies 
        or entity shall consult with appropriate private school 
        officials during the design and development of the programs 
        under this Act, on issues such as--
                  ``(A) how the children's needs will be identified;
                  ``(B) what services will be offered;
                  ``(C) how, where, and by whom the services will be 
                provided;
                  ``(D) how the services will be assessed and how the 
                results of the assessment will be used to improve such 
                services;
                  ``(E) the size and scope of the equitable services to 
                be provided to the eligible private school children, 
                teachers, and other educational personnel and the 
                amount of funds available for such services; and
                  ``(F) how and when the agency, consortium, or entity 
                will make decisions about the delivery of services, 
                including a thorough consideration and analysis of the 
                views of the private school officials on the provision 
                of contract services through potential third party 
                providers.
          ``(2) Disagreement.--If the agency, consortium or entity 
        disagrees with the views of the private school officials on the 
        provision of services through a contract, the agency, 
        consortium, or entity shall provide in writing to such private 
        school officials an analysis of the reasons why the local 
        educational agency has chosen not to use a contractor.
          ``(3) Timing.--Such consultation shall occur before the 
        agency, consortium, or entity makes any decision that affects 
        the opportunities of eligible private school children, 
        teachers, and other educational personnel to participate in 
        programs under this Act, and shall continue throughout the 
        implementation and assessment of activities under this section.
          ``(4) Discussion required.--Such consultation shall include a 
        discussion of service delivery mechanisms that the agency, 
        consortium, or entity could use to provide equitable services 
        to eligible private school children, teachers, administrators, 
        and other staff.
  ``(d) Public Control of Funds.--
          ``(1) In general.--The control of funds used to provide 
        services under this section, and title to materials, equipment, 
        and property purchased with such funds, shall be in a public 
        agency for the uses and purposes provided in this Act, and a 
        public agency shall administer such funds and property.
          ``(2) Provision of services.--
                  ``(A) The provision of services under this section 
                shall be provided--
                          ``(i) by employees of a public agency; or
                          ``(ii) through contract by such public agency 
                        with an individual, association, agency, 
                        organization, or other entity.
                  ``(B) In the provision of such services, such 
                employee, person, association, agency, organization or 
                other entity shall be independent of such private 
                school and of any religious organization, and such 
                employment or contract shall be under the control and 
                supervision of such public agency.
                  ``(C) Funds used to provide services under this 
                section shall not be commingled with non-Federal funds.

``SEC. 14504. STANDARDS FOR BY-PASS.

  ``If, by reason of any provision of law, a State educational agency, 
local educational agency, educational service agency, consortium, or 
other entity of such agencies, is prohibited from providing for the 
participation in programs of children enrolled in, or teachers or other 
educational personnel from, private elementary and secondary schools, 
on an equitable basis, or if the Secretary determines that such agency 
consortium or entity has substantially failed or is unwilling to 
provide for such participation, as required by section 14503, the 
Secretary shall--
          ``(1) waive the requirements of that section for such agency, 
        consortium, or entity;
          ``(2) arrange for the provision of equitable services to such 
        children, teachers, or other educational personnel through 
        arrangements that shall be subject to the requirements of this 
        section and of sections 14503, 14505, and 14506; and
          ``(3) in making the determination, consider one or more 
        factors, including the quality, size, scope, location of the 
        program and the opportunity of private school children, 
        teachers, and other educational personnel to participate.

``SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
                    CHILDREN.

  ``(a) Procedures for Complaints.--The Secretary shall develop and 
implement written procedures for receiving, investigating, and 
resolving complaints from parents, teachers, or other individuals and 
organizations concerning violations of section 14503 by a State 
educational agency, local educational agency, educational service 
agency, consortium of such agencies or entity. Such individual or 
organization shall submit such complaint to the State educational 
agency for a written resolution by the State educational agency within 
a reasonable period of time.
  ``(b) Appeals to Secretary.--Such resolution may be appealed by an 
interested party to the Secretary not later than 30 days after the 
State educational agency resolves the complaint or fails to resolve the 
complaint within a reasonable period of time. Such appeal shall be 
accompanied by a copy of the State educational agency's resolution, and 
a complete statement of the reasons supporting the appeal. The 
Secretary shall investigate and resolve each such appeal not later than 
120 days after receipt of the appeal.

``SEC. 14506. BY-PASS DETERMINATION PROCESS.

  ``(a) Review.--
          ``(1) In general.--
                  ``(A) The Secretary shall not take any final action 
                under section 14504 until the State educational agency, 
                local educational agency, educational service agency, 
                consortium of such agencies or entity affected by such 
                action has had an opportunity, for not less than 45 
                days after receiving written notice thereof, to submit 
                written objections and to appear before the Secretary 
                to show cause why that action should not be taken.
                  ``(B) Pending final resolution of any investigation 
                or complaint that could result in a determination under 
                this section, the Secretary may withhold from the 
                allocation of the affected State or local educational 
                agency the amount estimated by the Secretary to be 
                necessary to pay the cost of those services.
          ``(2) Petition for review.--
                  ``(A) If such affected agency consortium or entity is 
                dissatisfied with the Secretary's final action after a 
                proceeding under paragraph (1), such agency consortium 
                or entity may, within 60 days after notice of such 
                action, file with the United States court of appeals 
                for the circuit in which such State is located a 
                petition for review of that action.
                  ``(B) A copy of the petition shall be forthwith 
                transmitted by the clerk of the court to the Secretary.
                  ``(C) The Secretary upon receipt of the copy of the 
                petition shall file in the court the record of the 
                proceedings on which the Secretary based this action, 
                as provided in section 2112 of title 28, United States 
                Code.
          ``(3) Findings of fact.--
                  ``(A) The findings of fact by the Secretary, if 
                supported by substantial evidence, shall be conclusive, 
                but the court, for good cause shown, may remand the 
                case to the Secretary to take further evidence and the 
                Secretary may then make new or modified findings of 
                fact and may modify the Secretary's previous action, 
                and shall file in the court the record of the further 
                proceedings.
                  ``(B) Such new or modified findings of fact shall 
                likewise be conclusive if supported by substantial 
                evidence.
          ``(4) Jurisdiction.--
                  ``(A) Upon the filing of such petition, the court 
                shall have jurisdiction to affirm the action of the 
                Secretary or to set such action aside, in whole or in 
                part.
                  ``(B) The judgment of the court shall be subject to 
                review by the Supreme Court of the United States upon 
                certiorari or certification as provided in section 1254 
                of title 28, United States Code.
  ``(b) Determination.--Any determination by the Secretary under this 
section shall continue in effect until the Secretary determines, in 
consultation with such agency, consortium or entity and representatives 
of the affected private school children, teachers, or other educational 
personnel that there will no longer be any failure or inability on the 
part of such agency or consortium to meet the applicable requirements 
of section 14503 or any other provision of this Act.
  ``(c) Payment From State allotment.--When the Secretary arranges for 
services pursuant to this section, the Secretary shall, after 
consultation with the appropriate public and private school officials, 
pay the cost of such services, including the administrative costs of 
arranging for those services, from the appropriate allocation or 
allocations under this Act.
  ``(d) Prior Determination.--Any by-pass determination by the 
Secretary under this Act as in effect on the day preceding the date of 
enactment of the Education OPTIONS Act shall remain in effect to the 
extent the Secretary determines that such determination is consistent 
with the purpose of this section.

``SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR 
                    INSTRUCTION.

  ``Nothing contained in this Act shall be construed to authorize the 
making of any payment under this Act for religious worship or 
instruction.

``SEC. 14508. APPLICABILITY TO HOME SCHOOLS.

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

``SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC 
                    SCHOOLS.

  ``Nothing in this Act or any other Act administered by the Department 
shall be construed to permit, allow, encourage, or authorize any 
Federal control over any aspect of any private, religious, or home 
school, whether or not a home school is treated as a private school or 
home school under State law. This section shall not be construed to bar 
private, religious, or home schools from participation in programs or 
services under this Act or any other Act administered by the 
Department.

``SEC. 14510. SCHOOL PRAYER.

  ``Notwithstanding any provision of law, no funds made available 
through the Department of Education under this Act, or any other Act, 
shall be available to any State or local educational agency which has a 
policy of denying or which effectively prevents participation in, 
constitutionally protected prayer in public schools by individuals on a 
voluntary basis. Neither the United States nor any State nor any local 
educational agency shall require any person to participate in prayer or 
influence the form or content of any constitutionally protected prayer 
in such public schools.

``SEC. 14511. MEMORIALS AND MEMORIAL SERVICES; RULE OF CONSTRUCTION; 
                    AND ATTORNEY FEES.

  ``(a) Findings.--Congress finds the following:
          ``(1) The saying of a prayer, the reading of a scripture, or 
        the performance of religious music, as part of a memorial 
        service that is held on the campus of a public elementary or 
        secondary school in order to honor the memory of any person 
        slain on that campus is not objectionable under this Act.
          ``(2) The design and construction of any memorial which 
        includes religious symbols, motifs, or sayings that is placed 
        on the campus of a public elementary or secondary school in 
        order to honor the memory of any person slain on that campus is 
        not objectionable under this Act.
  ``(b) Rule of Construction.--
          ``(1) Payment.--Nothing contained in this Act shall be 
        construed to authorize the making of any payment under this Act 
        for religious worship, instruction, or the construction of any 
        religious memorial.
          ``(2) Memorial service.--This Act shall not be construed to 
        bar--
                  ``(A) the saying of a prayer;
                  ``(B) the reading of a scripture;
                  ``(C) the performance of religious music; or
                  ``(D) the design or construction of any memorial 
                which includes religious symbols, motifs, or sayings;
        as part of a memorial service held or a memorial placed, as the 
        case may be, on the campus of a public elementary or secondary 
        school in order to honor the memory of any person slain on that 
        campus.

``SEC. 14512. ATTORNEYS FEES.

  ``Notwithstanding any other provision of Federal law, a local 
educational agency or public elementary or secondary school may use not 
more than 20 percent of its administrative funds from any program under 
this Act for payment of attorneys fees and related legal services in 
the defense of any legal action, brought against a local educational 
agency, public elementary or secondary school, or agent of any of such 
entities, claiming such agency, school, or agent violated the 
constitutional prohibition against the establishment of religion by 
permitting, facilitating, or accommodating--
          ``(1) a student's religious expression; or
          ``(2) the design or construction of any memorial which 
        includes religious symbols, motifs, or saying as part of a 
        memorial placed on the campus of a public elementary or 
        secondary school in order to honor the memory of a person slain 
        on that campus.

``SEC. 14513. GENERAL PROHIBITIONS.

  ``(a) Prohibition.--None of the funds authorized under this Act shall 
be used--
          ``(1) to develop or distribute materials, or operate programs 
        or courses of instruction directed at youth that are designed 
        to promote or encourage, sexual activity, whether homosexual or 
        heterosexual;
          ``(2) to distribute or to aid in the distribution by any 
        organization of legally obscene materials to minors on school 
        grounds;
          ``(3) to provide sex education or HIV prevention education in 
        schools unless such instruction is age appropriate and 
        emphasizes the health benefits of abstinence; or
          ``(4) to operate a program of contraceptive distribution in 
        schools.
  ``(b) Local Control.--Nothing in this section shall be construed to--
          ``(1) authorize an officer or employee of the Federal 
        Government to mandate, direct, review, or control a State, 
        local educational agency, or schools' instructional content, 
        curriculum, and related activities;
          ``(2) limit the application of the General Education 
        Provisions Act (20 U.S.C.A. 1221 et seq.);
          ``(3) require the distribution of scientifically or medically 
        false or inaccurate materials or to prohibit the distribution 
        of scientifically or medically true or accurate materials; or
          ``(4) create any legally enforceable right.

``SEC. 14514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.

  ``Nothing in this Act shall be construed to authorize an officer or 
employee of the Federal Government to mandate, direct, or control a 
State, local educational agency, or school's curriculum, program of 
instruction, or allocation of State or local resources, or mandate a 
State or any subdivision thereof to spend any funds or incur any costs 
not paid for under this Act.

``SEC. 14515. RULEMAKING.

  ``The Secretary shall issue regulations under this Act only to the 
extent that such regulations are necessary to ensure that there is 
compliance with the specific requirements and assurances required by 
this Act.

``SEC. 14516. REPORT.

  ``The Secretary shall report to the Congress not later than 180 days 
after the date of enactment of the Education OPTIONS Act regarding how 
the Secretary shall ensure that audits conducted by Department 
employees of activities assisted under this Act comply with changes to 
this Act made by the Education OPTIONS Act, particularly with respect 
to permitting children with similar educational needs to be served in 
the same educational settings, where appropriate.

``SEC. 14517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.

  ``(a) In General.--Notwithstanding any other provision of Federal 
law, no State shall be required to have content standards or student 
performance standards approved or certified by the Federal Government, 
in order to receive assistance under this Act.
  ``(b) Construction.--Nothing in this section shall be construed to 
affect requirements under title I of this Act.

``SEC. 14518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.

  ``Notwithstanding any other prohibition of Federal law, no funds 
provided to the Department of Education or to any applicable program 
may be used by the Department to endorse, approve, or sanction any 
curriculum designed to be used in an elementary or secondary school.

``SEC. 14519. PRIVACY FOR STUDENTS.

  ``(a) In General.--No State educational agency or local educational 
agency that receives funds under this Act may enter into an agreement, 
or allow a school under its supervision to enter into an agreement, 
with any person or entity that allows such person or entity to monitor, 
gather, or obtain information used to advertise, sell, or develop a 
product from any student under 18 years of age unless such agreement 
requires the written permission of the parent of such student prior to 
monitoring, gathering, or obtaining such information.
  ``(b) Nature of Information Collected.--Before a school, local 
educational agency, or State educational agency, as the case may be, 
enters into an agreement to allow a person or entity to monitor, 
gather, or obtain information used to advertise, sell, or develop a 
product from any student under 18 years, the school, agency, or State 
shall ascertain the nature of the information to be collected, how the 
information will be used, if the information will be sold, distributed, 
or transferred to any person or entity, and the amount of class time, 
if any, that will be consumed by such activity.
  ``(c) Consent Form.--The written permission required by subsection 
(a) shall clearly disclose to the parent the nature of the agreement 
between a school, local educational agency, or State educational 
agency, as the case may be, and the person or entity, including--
          ``(1) the dollar amount of any consideration paid under the 
        agreement;
          ``(2) the nature of the information to be gathered;
          ``(3) how the information will be used;
          ``(4) whether the information will be sold, distributed, or 
        transferred to any other entity; and
          ``(5) the amount of class time, if any, that will be consumed 
        by such activity.
  ``(d) Exceptions.--This section shall not apply to--
          ``(1) the recruitment activities of any institution of higher 
        education, as such term is defined in section 102 of the Higher 
        Education Act of 1965;
          ``(2) the development and administration of tests and 
        assessments used by elementary and secondary schools to provide 
        cognitive, evaluative, diagnostic, aptitude, or achievement 
        information about students (or for normalizing data), and the 
        subsequent analysis and public release of aggregate data, if--
                  ``(A) the information is not used to sell, advertise, 
                or develop another product; and
                  ``(B) the tests are conducted in accordance with 
                applicable Federal, State, and local policies;
          ``(3) the development and administration of educational 
        curriculum and instructional materials used by elementary and 
        secondary schools to teach core academic subjects, if--
                  ``(A) the information is not used to sell, advertise, 
                or develop another product; and
                  ``(B) the curriculum and instructional materials are 
                used in accordance with applicable Federal, State, and 
                local policies; or
          ``(4) contact information collected from a student that is 
        used only to respond directly to a specific request from the 
        student for a transaction, if the information--
                  ``(A) is not used for any purpose other than as 
                required in order to effect the transaction with the 
                student; and
                  ``(B) is not used to recontact the student in order 
                to advertise, sell, or develop any other product or 
                service to the student.

``SEC. 14520. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE 
                    INFORMATION.

  ``Nothing in this Act shall be construed to permit the development of 
a national database of personally identifiable information on 
individuals involved in studies or in data collection efforts under 
this Act.

                      ``PART F--SENSE OF CONGRESS

``SEC. 14614. REDUCING THE READING DEFICIT.

  ``(a) Findings.--The ability to read the English language is the 
cornerstone of academic success. The 1998 National Assessment of 
Educational Progress (NAEP) found that 69 percent of 4th grade students 
are reading below the proficient level. The National Institute of Child 
Health and Human Development (NICHD) has conducted extensive scientific 
research on reading instruction for more than 34 years at a cost of 
more than two hundred million dollars. Federal research in reading 
instruction has concluded that phonemic awareness, direct systematic 
instruction in sound-spelling correspondences, blending of sound-
spellings into words, reading comprehension, and regular exposure to 
interesting books are essential components of any balanced reading 
program.
  ``(b) Sense of Congress.--It is the sense of Congress that--
          ``(1) federally funded education programs which are designed 
        to improve reading skills, should use instructional practices 
        that are grounded in scientifically based research as defined 
        in section 14101(27) of this Act;
          ``(2) reducing the reading deficit is one of the most 
        critical tasks before the nation; and
          ``(3) successful learning in all other areas such as science, 
        history, literature, business and vocational training or 
        computer science requires the ability to read fluently and with 
        comprehension.

``SEC. 14615. SCIENCE ASSESSMENT.

  ``It is the sense of Congress that State and local assessments in 
science should measure a student's ability to--
          ``(1) understand scientific facts, results, and concepts;
          ``(2) design and conduct experiments;
          ``(3) make arguments based on evidence and data; and
          ``(4) communicate scientific information.

``SEC. 14616. AMERICA ACHIEVES ACADEMIC EXCELLENCE.

  ``It is the sense of Congress that--
          ``(1) the Constitution of the United States reserves to the 
        States and to the people the responsibility for the general 
        supervision of public education in kindergarten through the 
        twelfth grade;
          ``(2) State and local educational agencies are best suited to 
        increasing academic achievement levels for all students and 
        ensuring no student is left behind;
          ``(3) States and local educational agencies deserve and 
        require the maximum liberty to build upon existing innovative 
        approaches for education reform and continue their proven 
        record of increasing student success;
          ``(4) education reform is in the best interests of the 
        American people in order to secure a more prosperous and 
        perfect union;
          ``(5) the best education decisions are made by those who know 
        the students best and who are responsible for implementing the 
        decisions, and, therefore, educators and parents should retain 
        the right and responsibility to educate their pupils and 
        children free of regulation by the Federal Government; and
          ``(6) States should be commended for their efforts and 
        results and encouraged to sustain and improve upon them.''.

SEC. 602. REPEALS.

  The following provisions are repealed:
          (1) Goals.--Parts A and C of title II and title VI of Goals 
        2000: Educate America Act.
          (2) ESEA.--Title XI of the Elementary and Secondary Education 
        Act of 1965.

SEC. 603. EFFECTIVE DATE.

  This Act and the amendments made by this Act shall take effect on 
October 1, 2000, or the date of enactment of the Education OPTIONS Act, 
whichever occurs later.

                                Purpose

    The purpose of H.R. 4141, the Education Opportunities To 
Protect and Invest In Our Nation's Students (Education OPTIONS) 
Act, is to provide states and school districts with (1) 
resources to provide safe learning environments for all 
students; (2) flexibility in managing federal Elementary and 
Secondary Education Act programs; (3) the option of 
transferring education funds between formula programs to more 
effectively serve students; (4) technologies to enhance 
academic coursework and prepare for the challenges of the 21st 
century; and (5) less bureaucracy and paperwork and more 
dollars to the classroom.

                            Committee Action

    In December 1998, organizations, associations and 
governmental bodies were invited to submit to the Committee on 
Education and the Workforce their legislative recommendations 
for the authorization of the Elementary and Secondary Education 
Act. The Committee received recommendations from more than 50 
respondents. Some of these submitting recommendations to the 
Committee were: American Association of School Administrators 
(AASA); American Federation of Teachers (AFT); Council of the 
Great City Schools; Council of Chief State School Officers; 
Council for American Private Education; Family Research 
Council; National Association of Bilingual Education (NABE); 
National Association of Elementary School Principals; National 
Conference of State Legislatures; National Indian Education 
Association (NIEA); National PTA; National School Boards 
Association; National Science Teachers Association (NSTA); 
Sylvan Learning Systems, Inc.; National Association for College 
Admission Counseling; National Association of Social Workers; 
National Association of State Directors of Special Education, 
Inc. (NASDE); National Center for Home Education; United States 
Catholic Conference; Citizens for Educational Freedom; The 
Center for Law and Education; Arizona University, College of 
Education; California Association of Private School 
Organizations; Delaware State Department of Education; Georgia 
State Department of Education; Kansas State Department of 
Education; Mississippi State Department of Education; New 
Jersey State Department of Education; Oklahoma State Department 
of Education; South Carolina State Department of Education; 
Texas Education Agency; Washington State Superintendent of 
Public Instruction; Wyoming State Department of Education; New 
Jersey Catholic Conference; the Texas Catholic Conference; 
American Library Association; Archdiocese of Los Angeles; 
Archdiocese of Miami; The Child Care Consortium; Educational 
Engineering; The Lutheran Church--Missouri Synod; National 
Center on Economic Education; Charles J. O'Malley & Associates, 
Inc.; Our Kids, Inc.; Pearson Education; The Riggs Institute; 
Smith, Bucklin & Associates, Inc.; Spalding Education 
Foundation; Voyager Expanded Learning; and Very Special Arts 
(VSA).

                                Hearings

    The Committee on Education and the Workforce, the 
Subcommittee on Early Childhood, Youth and Families, and the 
Subcommittee on Oversight and Investigations together have held 
24 hearings both in and outside of Washington to review and 
make determinations on revising the Elementary and Secondary 
Education Act. The following is a list of all of the hearings.

Full committee hearings

    1. February 11, 1999, ``The Administration's Education 
Proposals and Priorities for FY 2000.''
    2. July 1, 1999, ``Business Community Views on Reform of 
the Elementary and Secondary Education Act.''

Subcommittee on Early Childhood, Youth and Families

    1. March 9, 1999, ``School Discipline: What's Happening in 
the Classroom.''
    2. March 11, 1999, ``School Violence: Protecting our 
Children.''
    3. May 11, 1999, ``Education Technology under the 
Elementary and Secondary Education Act.''
    4. May 18, 1999, ``School Violence: Views of Students and 
the Community.''
    5. May 25, 1999, ``Education Reform: Putting the Needs of 
our Children First.''
    6. August 3, 1999, ``Drug Abuse Prevention: Protecting Our 
Children.''
    7. February 9, 2000, ``Title VI: Providing Flexibility for 
Innovative Education.''
    8. February 10, 2000, ``Examining the 21st Century 
Community Learning Centers Program.''
    9. March 1, 2000, ``Building a Nation: The Role of 
Character Education in America's Schools.''
    10. March 8, 2000, ``Role of Technology in America's 
Schools.''

Field hearings

    1. April 12, 1999, ``Education Technology and the 
Elementary and Secondary Education Act'', Newark, Delaware.
    2. June 21, 1999, ``Preventing Youth Violence and Crime: 
The Role of Families, School and Government,'' in Portage, 
Michigan.
    3. July 6, 1999, ``A Brighter Tomorrow for our Schools: 
Parents, Businesses and Communities Working Together,'' 
Anaheim, California.
    4. August 13, 1999, ``School Safety, Discipline, and 
IDEA,'' in Waynesboro, Georgia.
    5. August 30, 1999, ``Technology in Schools: Preparing for 
the 21st Century,'' in Petaluma, California.
    6. September 1, 1999, ``Effective School Safety and Drug 
Prevention Efforts in Our Schools and Communities,'' in New 
Haven, Indiana.
    7. September 2, 1999, ``Federal Programs that Support Local 
Approaches to Improve Academic Achievement, Produce High 
Quality Teachers, and Ensure School Safety,'' in Roswell, 
Georgia.
    8. September 8, 1999, ``Challenges and Innovations in 
Elementary and Secondary Education,'' Raleigh, North Carolina.

Subcommittee on Oversight and Investigations Hearings

    1. September 8, 1999, ``Improving Student Achievement and 
Reforming the Federal Role in Education.''
    2. March 3, 2000, ``Charter Schools: Successes and 
Challenges.''

Field hearings

    1. January 25, 2000, ``The Impact of Federal Policies on 
State and Local Efforts to Reform Education,'' in Lakewood, 
Colorado.
    2. March 27, 2000, ``Putting Performance First: Academic 
Accountability and School Choice,'' in Temple Terrace, Florida.

                           Legislative Action

    On March 30, 2000, Representative Bill Goodling (R-PA) 
introduced H.R. 4141, the Education Opportunities to Protect 
and Invest in Our Nation's Students (OPTIONS) Act. H.R. 4141 
authorizes the remaining titles of the Elementary and Secondary 
Education Act (ESEA) that have not already been authorized in 
the Student Results Act (H.R. 2), the Teacher Empowerment Act 
(H.R. 1995), the Literacy Involves Families Together Act (H.R. 
3222), the Impact Aid Reauthorization Act of 2000 (H.R. 3616) 
and the Straight A's Act (H.R. 2300). ESEA programs authorized 
in the Education OPTIONS Act are: Safe and Drug-Free Schools; 
Technology For Education; Innovative Education Program 
Strategies; Programs of National Significance (Fund for the 
Improvement of Education, Arts in Education, Public Charter 
Schools, Civic Education); and General Provisions. The bill 
also provides states and local school districts the opportunity 
for more flexibility.
    On the basis of the hearings, bills referred to the 
Committee and the Subcommittee, the recommendations of the 
administration, and the recommendations of the education 
community and the family groups, an amendment in the nature of 
a substitute was prepared. The Committee on Education and the 
Workforce considered this substitute to H.R. 4141, the 
Education OPTIONS Act in legislative session on April 5, 6, 11, 
12, and 13, 2000 during which 71 amendments were considered on 
which 47 roll call votes were taken. The Committee on Education 
and the Workforce with a majority of the Committee present 
favorably reported H.R. 4141 as amended, to the House of 
Representatives by a vote of 25 to 21 on April 13, 2000.
    Below is a description of the adopted amendments to H.R. 
4141.
     Mr. Goodling (R-PA) amendment in the Nature of a 
Substitute.
     Mr. Hoekstra (R-MI) offered an amendment to 
increase the amount of funds that local school districts may 
transfer between ESEA programs from 30 percent to 35 percent.
     Mr. Norwood (R-GA) offered an amendment that would 
authorize school personnel to discipline a student with a 
disability who has a weapon at school in the same manner as 
they would discipline a non-disabled student who has a weapon 
at school, including suspension or expulsion. The amendment 
would allow school personnel to cease educational services, if 
that is the policy for non-disabled students.
     Mrs. McCarthy (D-NY) offered an amendment which 
was amended with a second degree amendment by Mr. Goodling to 
allow each LEA the option of using such funds to study the 
effectiveness of promoting the benefits of child safety locks 
for firearms.
     Mr. Talent (R-MO) offered an amendment similar to 
Mr. Norwood's amendment, but addresses illegal drugs and 
aggravated assault or battery as sufficient reason to 
discipline as described above.
     Mrs. McCarthy (D-NY) offered an amendment to 
require the National Center for Education Statistics to collect 
data regarding drug use by youth and the frequency, degree of 
harm, and morbidity of violent incidents, particularly firearm-
related injuries by youth in schools and communities.
     Mr. Castle (R-DE) offered an en bloc amendment to 
allow Title IV, VI and Title X of ESEA funds to be used for 
alternative educational services at the state and local level 
and requires 30 percent of the funds set aside for the LEA 
based on need to be spent on alternative educational programs.
     Mrs. McCarthy (D-NY) offered an amendment to allow 
LEAs to develop a plan with local law enforcement agencies to 
protect students and employees of public schools against gun 
violence, including promoting the benefits of child safety 
locks for firearms.
     Mr. Souder (R-IN) offered an amendment to add 
``parents or legal guardians of such students'' to the 
religious nondiscrimination language in Title II.
     Mrs. Roukema (R-NJ) offered an amendment to 
require states to give special consideration to LEA's that 
provide or incorporate mental health services as part of their 
drug and violence prevention program when the state distributes 
the 30 percent need-based funds.
     Mr. Schaffer (R-CO) offered an amendment to 
clarify the participation of for-profit entities in programs 
under Title II. The amendment would add an element to the local 
educational agency application--``provide evidence that a 
meaningful assessment of community needs has been completed, 
including assessing available resources in the private sector 
and capacity in the private sector.''
     Mr. Souder (R-IN) offered an amendment to permit 
Title II funds to be used for ``establishing or enhancing 
programs or initiatives that improve academic achievement.''
     Mr. Tierney (D-MA) offered an amendment to allow 
an LEA that utilizes its authority to treat as local funds up 
to 20 percent of additional funding under IDEA Part B to 
provide additional funding for programs that address school 
safety, teacher quality and professional development, before 
and after school learning opportunities, educational reform and 
literacy, or related education programs.
     Mr. Miller (D-CA) offered an amendment to prohibit 
ESEA funds from being used to allow third parties to monitor, 
receive, gather, or obtain information intended for commercial 
purposes from students under the age of 18 without prior 
parental consent.
     Mr. Hilleary (R-TN) offered an amendment to 
prohibit the development of a national database of personally 
identifiable information on individuals in studies or in data 
collection efforts under the act.
     Mr. Andrews (D-NJ) offered an amendment to require 
each SEA and LEA that receives Title II funding to have a 
policy in place that prohibits cigarette vending machines and 
the illegal possession or use of drugs and alcohol in school 
buildings, grounds or at any school-sponsored event.
     Mr. Schaffer (R-CO) offered an amendment to 
require LEAs to withdraw a student from any program or activity 
funded under Title II upon receipt of written notification from 
the parents or legal guardians.
     Mr. Scott (D-VA) offered an en bloc amendment to 
clarify that for the purposes of federal, state or local law, 
receipt of financial assistance under Title II constitutes 
receipt of federal financial assistance or aid and to clarify 
that an eligible entity should not subject participants of any 
program under Title II to sectarian worship, instruction or 
proselytization.
     Mr. Fletcher (R-KY) (on behalf of Mrs. Roukema (R-
NJ)) offered an amendment to allow the Secretary of Education 
to issue three-year competitive grants under the 
Telecommunications Program to local public television stations 
to develop, produce, and distribute K-12, high quality, digital 
content for use by local schools.
     Mr. Hinojosa (D-TX) offered an amendment to permit 
local grants under Title III to be used to provide laptop 
computers and related assistance for students in the third 
through twelfth grades.
     Mr. Andrews (D-NJ) offered an amendment to add a 
new allowable use of funds under Title V, Part A, Fund for the 
Improvement of Education (FIE) to provide for the education of 
recent immigrants to the United States.
     Mr. Roemer (D-IN)/Barrett (R-NE) offered an 
amendment to restore the Allen J. Ellender Fellowship (Close-
Up) program as Title V, Part E.
     Mrs. McCarthy (D-NY) offered an amendment to add a 
new allowable use of funds under Title V, Part A, Fund for the 
Improvement of Education (FIE) to hire and support school 
nurses.
     Mr. Schaffer (R-CO) offered an amendment to 
require every program funded under the act to have been proven 
effective based on ``rigorous evaluations using randomized 
experiments.''
     Mr. Schaffer (R-CO) offered an amendment to repeal 
the National Education Goals and provide a Sense of Congress 
regarding ``America Achieves Academic Excellence'' to promote 
state-based education priorities.

                                Summary


                        TITLE I--TRANSFERABILITY

    Title I of H.R. 4141 authorizes states and local 
educational agencies to transfer their non-Title I formula 
grant allocations to other federal formula grant programs. 
Specifically, it allows states to transfer up to 100 percent of 
their state activity allocations between programs. Local 
educational agencies may transfer up to 35 percent of a 
program's allocation to other programs. It may transfer more 
than 35 percent with state approval. Title I allocations cannot 
be transferred, but non-Title I funds may be transferred into 
Title I.

          TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION

    Title II of H.R. 4141 extends and combines the Safe and 
Drug-Free Schools and Communities Act, Title IV of the 
Elementary and Secondary Education Act (ESEA) and the 21st 
Century Community Learning Centers Program, Title X, Part I of 
ESEA; and extends the Gun Free Schools Act, Title XIV, Part F 
of ESEA.
    Title II, Part A provides funds through a formula to the 
states based 50 percent on school age population and 50 percent 
on Title I. The state must distribute the funds in the 
following way: 10 percent to governors; 90 percent to the state 
educational agency (SEA), with 96 percent of the SEA funds sent 
to local educational agencies (LEAs), of which 70 percent goes 
to LEAs based on school age population and 30 percent goes to 
those LEAs with the ``greatest need.'' The bill maintains the 
requirement that governors use a portion (at least 10 percent, 
but not greater than 20 percent) of their funds for law 
enforcement education partnerships such as Project Drug Abuse 
Resistance Education (DARE). The bill combines the authorized 
activities of the Safe and Drug-Free Schools and Communities 
Act and the 21st Century Community Learning Centers Program, 
and gives them a greater focus upon youth drug and violence 
prevention activities, including before and after school 
programs, and continuing education activities. H.R. 4141 also 
implements a greater focus upon quality by including 
``principles of effectiveness,'' requiring that any program or 
activity funded under the act must: be based upon an assessment 
of objective data about the local drug and violence problem and 
current drug and violence prevention activities, including 
activities to increase student academic achievement; be based 
upon performance measures established by the LEA; be based upon 
``scientifically based research'' that provides evidence that 
the program or activity will prevent or reduce drug abuse and 
violence (there is a waiver for innovative programs with a 
likelihood of success); and be periodically evaluated with the 
results used to improve the program or activity.
    Title II, Part B extends and modifies national activities 
to prevent the illegal use of drugs and violence among, and 
promote safety and discipline for, students based on the needs 
reported by states and LEAs. Additionally, it establishes a 
national clearinghouse to provide technical assistance 
regarding establishment and operation of after school programs 
and models of after school programs to improve the quality and 
availability of such programs.
    Title II, Part C extends and modifies the Gun Free Schools 
Act which bases a state's receipt of federal ESEA funds on 
whether the state has a law requiring LEAs to expel for a year 
a student who brings a gun to school. While retaining this act, 
the bill eliminates the section that requires the secretary to 
disseminate policy guiding the implementation of the act and 
its connection to IDEA. Additionally, it allows a school to 
discipline a student with a disability who brings a weapon to 
school, possesses illegal drugs, or commits aggravated assault 
at school in the same manner a student without a disability 
would be disciplined, and allows local authorities to treat 
each incident on a case-by-case basis.

                      TITLE III--TECH FOR SUCCESS

    Title III, Part A, authorizes $731,305,000 for FY 2000 for 
grants to be provided to the states for implementing innovative 
technology initiatives that enhance academic achievement. It 
amends current law by consolidating eight current programs 
under Title III of the Elementary and Secondary Education Act, 
including the Challenge Fund, Challenge Grants, Star Schools, 
Software Development Program, Preparing Tomorrow's Teachers, 
Community Technology Centers, the Secretary Leadership Fund, 
and the Middle Schools Teacher Training program. Title III 
allows the secretary to continue distribution of funds already 
granted out until the end of the grant cycle. The secretary may 
use a portion of the funds withheld at the federal level for 
national technology initiatives such as funding programs that 
encourage the use of technology in the classroom, providing 
technical assistance to state and local educational agencies, 
etc. Funds distributed to the states under Title III permit a 
myriad of activities all focused on enhancing education through 
technology. States may fund programs that assist LEAs in 
creating technology plans, acquiring technology (especially 
high need areas), successfully integrating technology into 
daily teaching strategies through professional development, in 
teaching all students how to utilize technology regardless of 
ability and language barriers, and creating performance 
standards to evaluate their technology programs. At the local 
level, funds may be used to assist teachers, through 
professional development, to use and integrate technology in 
the classroom, develop technology enhanced curricula, create 
communications networks between teachers, school-wide and 
worldwide, acquire technology for use in the classroom, 
acquiring filtering or blocking software designed to protect 
students from inappropriate information such as obscenity, 
child pornography or other information that may be harmful to 
minors.
    Title III, Part B, authorizes the Ready to Learn Television 
program. It permits the secretary to enter into contract with 
or make grants for the express purpose of producing educational 
video and television programming and support materials for 
national distribution to increase academic achievement for 
preschool and elementary school children and their parents.
    Title III, Part C, expands upon the allowable activities 
under the Telecommunications Demonstration Project for 
Mathematics by renaming it the Telecommunications Program. The 
secretary is allowed but not required to award grants for the 
purpose of carrying out a national telecommunications-based 
program to improve the teaching of core academic subjects and/
or the purpose of developing, producing and distributing 
digital, educational and instructional video programming which 
is designed for use by elementary and secondary school 
students.

                TITLE IV--INNOVATIVE EDUCATION PROGRAMS

    Title IV of H.R. 4141 amends Title VI of the Elementary and 
Secondary Education Act. Title IV deletes all references to the 
National Education Goals and the Goals 2000: Educate America 
Act. Title IV includes language to add additional ``uses of 
funds'' to current law so local educational agencies can 
broaden the scope of the program. These new uses include: 
professional development activities and the hiring of teachers, 
including activities consistent with the Teacher Empowerment 
Act; education reform projects that provide single gender 
schools and classrooms, as long as comparable educational 
opportunities are offered for students of both sexes; community 
service programs that train and mobilize young people to 
measurably strengthen their communities through nonviolence, 
responsibility, compassion, respect, and moral courage; 
curriculum-based youth entrepreneurship education programs; 
activities to promote consumer, economic, and personal finance 
education; public school choice activities; and expanding and 
improving school-based mental health services. Under current 
law, up to 15 percent of Title VI funds are retained--and 
controlled--at the state level. Title IV of H.R. 4141 includes 
language to send 100 percent of any new funding for this 
program over the FY 2000 appropriation to the local level. This 
change to current law will result in more funds being sent to 
the school district and classroom levels. In addition, H.R. 
4141 limits state administrative costs to four percent.

               TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE

Part A--Fund for the improvement of education

    Title V, Part A of H.R. 4141 amends Part A of Title X of 
the Elementary and Secondary Education Act. The bill explicitly 
prohibits the development and implementation of a national test 
without specific authorization; explicitly prohibits federal 
endorsement, approval, or sanction of any curriculum designed 
for use in elementary or secondary schools; and deletes all 
references to the National Education Goals and the Goals 2000: 
Educate America Act. Part A of Title V of H.R. 4141 
consolidates and streamlines the applications process for all 
applicants under the Fund for the Improvement of Education; 
authorizes performance rewards for states that make significant 
progress in eliminating achievement gaps; streamlines the 
counseling program requirements to allow local educational 
agencies greater flexibility in creating and implementing 
programs and improves the ability of local educational agencies 
to implement demonstration projects; streamlines the Character 
Education Program to allow local educational agencies greater 
flexibility in creating and implementing programs; streamlines 
the Smaller Learning Communities Program to encourage the 
development and implementation of activities in high schools 
where students receive more individualized attention and 
support; authorizes an independent study for effective 
professional development activities for mathematics and science 
teachers; and repeals the Promoting Scholar Athlete 
Competitions; National Student and Parent Mock Election; and 
the Model Projects programs from the Fund for the Improvement 
of Education.

Part B--Arts education

    Title V, Part B, of H.R. 4141 amends the Arts in Education 
programs found in Title X, Part D, of the Elementary and 
Secondary Education Act. In updating and improving these 
programs, the Committee has focused on increasing the 
involvement of local arts educators and state and local arts 
organizations, and on simplifying the program by targeting 
resources to the programs that are providing results. 
Specifically, the bill continues the Arts Education program 
under Subpart 1 at its current funding level; updates 
congressional findings and eliminates outdated references; 
eliminates a restrictive consultation provision that has 
prevented the participation of local organizations; shifts the 
focus of collaborative efforts to arts educators and state and 
local arts agencies; requires the secretary to consult with 
arts educators and organizations representing the arts when 
awarding grants; continues participation in the program by the 
Kennedy Center and VSA arts (formerly Very Special Arts); and 
requires that federal arts education funds be used only to 
supplement and not supplant nonfederal arts activities. The 
bill further simplifies and focuses the program by eliminating 
the unfunded Cultural Partnerships for At-Risk Children and 
Youth program as well as an outdated appropriations threshold.

Part C--Public charter schools

    Title V, Part C of H.R. 4141 amends Part C of Title X of 
the Elementary and Secondary Education Act. The bill clarifies 
that the definition of a charter school is, among other things, 
a public school that admits students on the basis of a lottery 
or in another non-discriminatory manner consistent with state 
law, if more students apply for admission than can be 
accommodated. It also authorizes $145 million for the program 
in FY 2000 and such sums as may be necessary for FY 2001 
through FY 2005.

Part D--Civic education

    Title V, Part D of H.R. 4141 amends Part F of Title X of 
the Elementary and Secondary Education Act. The bill authorizes 
the Secretary of Education to make grants to or contracts with 
the Center for Civic Education to carry out civic education 
activities that include: courses 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; simulated congressional hearings following the 
course of study; advanced training of teachers about the 
Constitution of the United States and the political system the 
United States created; and civic education materials and 
services to address specific problems such as the prevention of 
school violence and the abuse of drugs and alcohol.

Part E--Ellender Fellowship Program (Close Up Foundation)

    Title V, Part E of H.R. 4141 amends Part G of Title X of 
the Elementary and Secondary Education Act. This program, 
administered by the private, non-profit Close Up Foundation, 
provides financial aid to enable low-income students, their 
teachers, older Americans, recent immigrants, and children of 
migrant parents to come to Washington, DC to study the 
operations of the three branches of government. Activities 
include attending seminars on government and current events, 
and meeting with government leaders. H.R. 4141 authorizes $4.4 
million for FY 2001 and such sums as may be necessary for the 
next four succeeding fiscal years.

                      TITLE VI--GENERAL PROVISIONS

    Title VI of H.R. 4141 includes general provisions which 
affect all Elementary and Secondary Education Act (ESEA) 
programs. The bill adds definitions for ``family literacy 
services'' and ``scientifically based research;'' provides 
flexibility to combine administrative funds of all ESEA 
programs; permits up to 20 percent of a school district's 
administrative funds to be used for legal expenses in defending 
certain lawsuits; allows states and school districts to submit 
single consolidated plans for all ESEA programs; continues 
authority of the secretary to waive burdensome regulations; 
continues authority of private school students and staff to 
receive services under ESEA programs; continues the prohibition 
upon the federal government from controlling, mandating or 
directing curriculum; prohibits funds from being used to 
operate a program of contraceptive distribution at schools; 
prohibits funding of sex education in schools unless such 
programs are age appropriate and emphasize abstinence; ensures 
that voluntary prayer is protected; protects against federal 
control over home schools; includes findings regarding 
religious memorials and memorial services on campus; includes a 
sense of Congress on reducing the reading deficit; includes a 
sense of Congress on science assessments; and repeals the 
National Education Goals Panel, the National Education Goals, 
the International Education program, and the Coordinated 
Services program.

                     Committee Statement and Views


              TITLE I--STATE AND LOCAL TRANSFERABILITY ACT

More flexibility for States and local educational agencies

    The Committee has undertaken a number of recent actions to 
provide state and local educational agencies with flexibility 
tools in order to enable them to tailor federal programs to 
meet the needs of their students.
    Last year the House passed H.R. 800, the Education 
Flexibility Partnership Act, which was signed into law on April 
29, 1999. This bill removed the 12 state limit on participants 
in this program, and strengthened accountability. However, Ed-
Flex was only a first step toward granting states the full 
range of flexibility options they need. Ed-Flex is designed to 
make federal programs work better at the local level in their 
current categorical structure by removing specific program 
requirements that are barriers to reform. For some states, Ed-
Flex is sufficient. Others, however, are ready for additional 
flexibility and accountability.
    Ed-Flex does not allow states to consolidate funds from 
different federal programs to use on their unique goals and 
priorities. For example, the priority of Arkansas Governor Mike 
Huckabee (R) in fiscal year FY 2000 is to equalize school 
funding. Governor Gray Davis (D) of California is investing in 
reading, teacher quality, and school accountability 
initiatives. Florida Governor Jeb Bush (R) recently enacted a 
school reform package that offers, among other things, 
scholarships to students in Florida's worst performing schools 
to attend a school of their parents' choice.
    On October 21, 1999 the House passed H.R. 2300, the 
Academic Achievement for All Act (Straight A's). The purpose of 
Straight A's is to focus federal resources for education on 
increasing student performance and narrowing achievement gaps. 
Straight A's is similar to the concept of charter schools: 
grant freedom from regulations and requirements in exchange for 
accountability for producing results. It grants significantly 
more flexibility than Ed-Flex to address the flexibility needs 
of states that want to do more with their federal dollars.
    Straight A's gives up to ten states and local school 
districts the option of establishing a five-year performance 
agreement with the Secretary of Education. If states do not 
choose this option, they would continue to receive funds under 
the current categorical program requirements. Local school 
districts also have the option of establishing a performance 
agreement if their state does not participate. Under approved 
agreements, states would be able to combine funds from a few, 
or all, of the federal K-12 education programs they administer 
at the state level and be freed from the requirements of those 
individual programs. In exchange for this flexibility, 
participating states would be held to strict accountability 
requirements for improving student achievement. States that do 
not substantially meet those goals would be required to revert 
to the categorical, regulated program structure and could 
potentially lose administrative funds. States may include any 
K-12 state-administered, formula grant program in their 
performance agreement.
    The flexibility granted by the State and Local 
Transferability Act under H.R. 4141 is designed to be an option 
for states that do not choose to participate in Straight A's, 
and for school districts in states that choose not to 
participate, since it functions within the existing structure 
of categorical funding streams. It provides flexibility in 
using federal dollars without removing the requirements 
attached to those dollars, unlike Straight A's. Transferability 
gives states and districts freedom to shift federal dollars 
from one program to another, while keeping the program 
requirements intact. In addition to Ed-Flex, it is a powerful 
tool for districts and states to use to tailor federal programs 
to meet their needs.
    Under current law, if a state educational agency approves, 
the unneeded funds provision in Sec. 14206 of Title XIV of ESEA 
allows school districts to shift a percentage of funding from 
one ESEA program to another in any fiscal year. In order to be 
granted permission to shift these funds, a school district must 
demonstrate that the funds are not needed for their original 
purposes. Up to five percent of these programs' funds may be 
shifted to any of these programs:
           Title I, Part C (Education of Migratory 
        Children)
           Title II (Eisenhower Professional 
        Development Program)
           Title III, Subpart 2 of Part A (Technology 
        Innovation Challenge Grants)
           Title IV, Subpart 1 of Part A (Safe and 
        Drug-Free Schools, Grants to LEAs)
           Title VI (Innovative Education Program 
        Strategies)
Five percent may also be transferred into, but not out of, 
Title I, Part A (Grants to LEAs).
    The unneeded funds provision is too limited to provide 
useful flexibility to school districts or states. In September 
1998, the GAO reported that the ``unneeded funds'' option is 
``often unavailable and seldom used.'' In their survey of 50 
state educational agencies, only half reported that they 
allowed local school districts to take advantage of this 
provision. Even when it was offered it was rarely used. 
Districts took advantage of this option in only one third of 
the states that allowed them to do so. One state (not named by 
GAO) did make use of this provision, with more than ten percent 
of its districts exercising the provision.\1\
---------------------------------------------------------------------------
    \1\ U.S. General Accounting Office, Elementary and Secondary 
Education: Flexibility Initiatives do not Address Districts' Key 
Concerns About Federal Requirements, GAO/HEHS-98-232, September 1998, 
p. 56.
---------------------------------------------------------------------------
    The Committee has heard from school districts around the 
country that they want meaningful flexibility in using their 
federal dollars. The unneeded funds provision is insufficient 
because it only allows a small percentage to be transferred, 
which for all but the largest school districts means that a 
very small amount of money is flexible. Limiting this option to 
a small amount of funds provides little in the way of an 
incentive to school districts to jump through the appropriate 
bureaucratic hoops to shift the funds from one account to 
another. Five percent is simply too little to make a 
difference. In addition, states are not given the option of 
shifting state activity dollars, even though they are free to 
consolidate administrative funds from different programs.
    Several groups representing people involved in education at 
the local level are in support of this flexibility provision: 
American Association of School Administrators, the Association 
of Educational Service Agencies, the Council of the Great City 
Schools, the National Association of Secondary School 
Principals, the National School Boards Association, and the 
Rural Education Association. Their support is extremely 
significant, as they represent the people on the front lines 
who have to administer these federal programs. The National 
School Boards Association in a February 18, 2000 letter to 
Chairman Goodling wrote, ``This increased flexibility will 
greatly aid local school districts as they struggle to balance 
many important education priorities with inadequate federal 
funding.'' The American Association of School Administrators 
sent a letter to the Chairman on February 23, 2000, stating 
that transferability ``* * * should be available as a resource 
to those districts with special needs * * * `Transferability' 
above the 30 percent level would give LEAs with strong funding 
needs in a particular area, the possibility of freeing up 
significant resources while at the same time guaranteeing that 
state and federal goals are being addressed.'' Clearly, it is 
those closest to the schools that see the need and the value of 
transferability.
    The State and Local Transferability Act in H.R. 4141 
provides meaningful flexibility to states and local school 
districts by significantly increasing the percentage that they 
may transfer from one program to another. SEAs may transfer up 
to 100 percent of their state activity dollars into another 
program. LEAs may transfer up to 35 percent from one program to 
another without SEA permission. Title I remains protected.

State transferability

    In H.R. 4141, states are permitted to transfer up to 100 
percent of their state activities funds between formula grant 
programs (i.e. formula grant to the state). These programs are:
           Title II (Teacher Empowerment Act)
           Title III (technology)
           Title IV, Part A (Safe and Drug-Free state 
        grants)
           Title VI (Innovative Education Program 
        Strategies)
           Title VII Part C (Emergency Immigrant 
        Education)
           Comprehensive School Reform
    This provision provides states with flexibility that they 
currently only have with their federal administrative dollars, 
giving them the freedom to target resources and focus on state 
priorities, such as accountability and testing, teacher 
quality, or school safety.
    It is the Committee's intent that only the non-
administrative portion of funds explicitly set-aside for use at 
the state level by the statute could be transferred under this 
authority, not funds that are required by the statute to be 
allocated to local educational agencies. The Committee also 
notes that funds under Title II dedicated for higher education 
partnerships are not allowed to be transferred. States 
transferring these funds must notify the U.S. Department of 
Education and modify their consolidated plans to reflect the 
transfer of funds.

Local transferability

    School districts may transfer funds from one of the 
following federal programs to another:
           Title II (Teacher Empowerment Act--includes 
        Eisenhower and Class Size)
           Title III (technology)
           Title IV, Part A (Safe and Drug-Free state 
        grants)
           Title VI (Innovative Education Program 
        Strategies)
           Title VII Part C (Emergency Immigrant 
        Education)
    Local educational agencies may transfer up to 30 percent 
out of a program's fiscal year allocation, to another program 
or programs, without requesting permission from the state. Mr. 
Hoekstra (R-MI) offered an amendment to the Committee 
Substitute that was adopted in Committee by voice vote to 
increase the percentage that can be transferred without state 
approval from 30 to 35 percent. All that they are required to 
do is notify the state of their intent to transfer the funds 
within 30 days of the transfer, and modify any plans or 
applications where necessary within the same time frame. By 
allowing school districts to transfer a portion of funds 
without the permission of their state, the act provides them 
with flexibility to tailor their federal dollars to their needs 
while still meeting the specific program requirements of each 
federal program.
    A local educational agency can make more than one transfer 
out of a single federal program with out requesting state 
permission, as long as the total amount of the funds 
transferred does not constitute more than 35 percent of the 
total amount allocated to them for a fiscal year.
    School districts are required to obtain state permission to 
transfer more than 35 percent of a program's funds to other 
programs because such a shift of funds is more likely to 
constitute a significant change in policy and priorities at the 
local level. Such transfers would allow school districts to 
focus resources on federal programs that most effectively 
address their most pressing needs. This threshold applies to 
the total amount transferred out of one program regardless of 
the amount of a single transfer.
    Local applications to transfer these funds are considered 
approved unless the state denies the request in writing within 
60 days. The amendment to the Committee Substitute offered by 
Mr. Hoekstra (R-MI) adopted by voice vote clarified that when 
approving such a transfer the state should take into 
consideration the degree to which such a transfer will 
facilitate the use of federal dollars in the best interests of 
children. In addition, the state should take into consideration 
whether such a transfer allows an LEA to enact policies 
benefiting children that would otherwise be impossible or very 
difficult without such a transfer.
    In order to transfer any funds out of Title II of ESEA, a 
school district must provide assurances that it will continue 
to spend at least the same amount it spent during the prior 
year on professional development in math or science. The 
Committee anticipates that sufficient additional funds will be 
appropriated under this Title that will ensure that LEAs still 
retain significant flexibility to transfer funds out of this 
program. In addition, if an LEA transfers a portion of their 
Title II allocation to other programs, it must continue to meet 
the requirements of Title II.
    It is the Committee's intent that, whenever a state or 
local educational agency intends to transfer funds pursuant to 
section 14206 to or from a program that has a provision 
requiring consultation with appropriate private school 
officials, the provision requiring such consultation shall 
apply to the transfer of such funds.
    As provided in the unneeded funds provision in current law, 
state and local school districts may transfer funds from the 
above programs into any part of Title I, but no funds can be 
transferred out of Title I into another program. States and 
school districts would be free to allocate transferred funds to 
supplement any aspect of their Title I program activities. The 
purpose of this provision is to protect funding for Title I 
programs. However, by allowing transfers into Title I, it also 
grants local educational agencies the flexibility to focus 
their limited federal resources on meeting the needs of 
disadvantaged students and meeting state and Title I 
accountability requirements.
    When funds are transferred to another program, they assume 
the identity of the program to which they were transferred, and 
are governed by the requirements of that program. However, LEAs 
must continue to meet the requirements of all federal programs 
with the remaining funds that are not transferred to another 
program.
    In order to illustrate the effect transferability could 
have on the ability of a school district to target federal 
dollars to programs most needed by students, the following 
table of school districts outside of Los Angeles, California 
and their federal allocations are offered as an example.
    Eastside Union School District in California currently 
receives the bulk of its non-Title I dollars from the class 
size reduction program. However, $42,000 does not provide for 
more than one teacher, which does little to accomplish 
significant reductions in class size. Under this act, Eastside 
Union could choose to, for example,
           Transfer portions of the other programs to 
        Class Size to hire more teachers;
           Apply to the state to transfer all of its 
        Class Size funds to Title I to hire more teachers or 
        add to resources targeted for disadvantaged students;
           Focus on teacher quality and transfer Class 
        Size and other program funds to Title II; or
           Transfer 35 percent from each program to 
        Title I, which for these districts would increase 
        funding by a percentage ranging from seven to 19.
    Limited to transferring a maximum of five percent, all of 
these districts located in the Los Angeles area could only 
transfer less than $10,000, a very insignificant amount to 
warrant going through the bureaucratic process of requesting 
permission from the state. For several of the districts, in 
reality five percent means that only about $1,000 is flexible.

  HOW LOCAL SCHOOL DISTRICTS CAN USE TRANSFERABILITY AS COMPARED TO THE UNNEEDED FUNDS PROVISION IN CURRENT LAW
----------------------------------------------------------------------------------------------------------------
            Total Allocations               Title I    Title II    Title IV   Class Size   Title VI      Total
----------------------------------------------------------------------------------------------------------------
Antelope Valley.........................  $2,399,857     $82,712    $166,993    $175,299     $95,289    $520,293
Eastside Union..........................     433,788      13,101       9,473      42,159      17,371      82,104
Newhall.................................     262,766      19,006      25,147      53,912      46,731     144,796
Westside................................     523,407      24,170      26,073      67,342      29,613     147,198
William S. Hart.........................     300,129      38,926      59,374     102,908      62,181     263,389

                                 AMOUNT THAT COULD BE TRANSFERRED WITH 35% LIMIT

Antelope Valley.........................  ..........      28,949      58,448      61,355      33,351     182,103
Eastside Union..........................  ..........       4,585       3,316      14,756       6,080      28,736
Newhall.................................  ..........       6,652       8,801      18,869      16,356      50,679
Westside................................  ..........       8,460       9,126      23,570      10,365      51,519
William S. Hart.........................  ..........      13,624      20,781      36,018      21,763      92,186

                          AMOUNT THAT COULD BE TRANSFERRED WITH 5% LIMIT IN CURRENT LAW

Antelope Valley.........................  ..........       4,136       8,350       8,765       4,764      26,015
Eastside Union..........................  ..........         655         474       2,108         869       4,105
Newhall.................................  ..........         950       1,257       2,696       2,337       7,240
Westside................................  ..........       1,209       1,304       3,367       1,481       7,360
William S. Hart.........................  ..........       1,946       2,969       5,145       3,109      13,169
----------------------------------------------------------------------------------------------------------------

Funds for Title I (Title I funds--Potential Increase @ 35%)

    Antelope Valley: 2,399,857--8%.
    Eastside Union: 433,788--7%.
    Newhall: 262,766--19%.
    Westside: 523,407--10%.
    William S. Hart: 300,129--35%.
    In conclusion, the State and Local Transferability Act will 
serve as a useful tool at the state and local level to direct 
federal program dollars to the federal program that best meets 
the needs of students. As demonstrated by the above table, this 
act is necessary because current law does not allow a 
sufficient percentage of funds to be transferred for the 
unneeded funds provisions to provide meaningful flexibility. 
Federal programs simply cannot allocate funds to 15,000 school 
districts in a manner that precisely provides for their needs. 
Transferability can sharpen the ability of federal funds to 
target pressing needs, and as effectively as possible. It also 
grants local flexibility to address needs that often change 
from one year to the next, since these transfers are not 
permanent, and must be made on an annual basis. The enactment 
of this provision will be another important step towards making 
sure that the needs of children, not bureaucracy, are the 
driving force behind federal education programs.

          TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION

    The Committee held several hearings during the 106th 
Congress regarding the Safe and Drug-Free Schools and 
Communities Act and the 21st Century Community Learning Centers 
Act. These hearings examined the drug and violence prevention 
needs of our nation's youth, both during school hours and out-
of-school hours. Predictably, the Committee found that drug and 
violence prevention needs across the country varied, as did the 
successes and shortcomings of drug and violence prevention 
programs. In these hearings, it also became quite clear that 
the Safe and Drug-Free Schools and Communities Act and the 21st 
Century Community Learning Centers Act had very similar goals 
and both were designed largely to address these drug and 
violence prevention needs.
    Current research shows that youth drug use and violence 
remains a significant societal problem. Drug use among children 
ages 12-17 doubled from the historic low year of 1992, when 5.3 
percent of youth in that age group were current users, to 11.4 
percent in 1997. Drug use by youth increases the likelihood 
that a child will be delinquent, engage in high-risk sexual 
activity, drop out of high school, and commit theft, violence, 
and vandalism. Drug use among rural youth is higher than that 
of youth in large urban centers, and many of these rural youth 
abuse serious drugs, including methamphetamine and cocaine. The 
National Center on Addiction and Substance Abuse at Columbia 
University (CASA) issued in January, 2000 a report, entitled No 
Place to Hide: Substance Abuse in Mid-Size Cities and Rural 
America, that found that eighth graders living in rural areas 
are 104 percent more likely to use amphetamines and 50 percent 
more likely to use cocaine, than eighth graders in urban areas. 
According to the CASA report, the health, social service, and 
law enforcement agencies in rural communities are less equipped 
to deal with youth drug use than their counterparts in urban 
areas, which already have established drug prevention systems.
    Regarding youth violence, schools may be one of the safest 
places for youth to be, but students increasingly report facing 
violence in schools (National Center on Education Statistics, 
Indicators of School Crime and Safety, 1999). They also report 
an increase in their perception that they are at risk of harm 
while at school, perhaps partly due to the recent instances of 
extreme violence in schools.
    If students are using drugs, committing violent acts, or 
are in fear of these behaviors, then they cannot focus their 
attention on maximizing their academic performance and their 
future opportunities. While the purpose of schools remains 
academic, schools clearly must also respond to the safety needs 
of students and communities. Drug and violence prevention 
programs and activities are increasingly necessary.
    This is not to imply that the Committee believes schools 
have the sole responsibility for preventing youth drug use and 
violence. In fact, studies point to the role of the family more 
often than not in preventing youth drug use and violence. The 
National Longitudinal Study of Adolescent Health (1997) found 
that drug and violence prevention programs that incorporate 
``protective factors'' tend to reduce drug use and violence. 
Protective factors include a student feeling connected to 
parents and family, practicing religion and prayer, having 
parents present at key times of the day, having high 
educational expectations, feeling part of the school, and 
having high esteem. The good news is that this comprehensive 
survey of adolescent youth found that the benefits of these 
protective factors reached beyond drug and violence prevention 
to preventing such behaviors as suicide and sexual activity 
among youth.

Combining the Safe and Drug-Free Schools and Communities Act and the 
        21st Century Community Learning Centers Act

    The Safe and Drug-Free Schools and Communities Act was 
created as the nation recognized that it needed a concentrated 
and united effort to prevent another generation from being lost 
to drugs and violence. Congress created the act to assist local 
schools in their efforts to ensure that every student attends a 
drug-free and safe school, with the ultimate goal to help 
students raise their academic performance and achievement.
    Originally designed as a school-use facilities program for 
individuals of all ages, the 21st Century Community Learning 
Centers Act has evolved rapidly over three short years into an 
after school program with goals similar to those of the Safe 
and Drug-Free Schools Act--youth drug and violence prevention. 
This transformation occurred in large measure due to the 
Department of Education's administration of the program, which 
involved placing an absolute priority on ``activities that 
offer significant expanded learning opportunities for children 
and youth in the community and that contribute to reduced drug 
use and violence.'' Of all grant recipients in FY 1998 (most 
recent data available), 76 percent of the grant recipients 
addressed safety and substance abuse as part of their program.
    However, the interconnectedness of youth drug and violence 
prevention and after school activities is not new. In a hearing 
before the Subcommittee on Early Childhood, Youth and Families 
on February 10, 2000, Dr. Marianne Kugler, Program Officer of 
the C.S. Mott Foundation, stated,

          During the Depression, Mr. Mott noticed the many 
        youth who spent their time on street corners and in 
        vacant lots playing ball, smoking, and sometimes 
        getting into serious trouble. At a suggestion from the 
        then-Assistant Superintendent, Dr. Manley, Mr. Mott 
        gave his first small community school grants to 
        encourage schools to stay open after regular hours so 
        that these youth would have somewhere to go.

    The Committee believes the interconnectedness between youth 
drug and violence prevention and after school activities must 
not be ignored. The Committee acknowledges the findings of 
reports such as the Departments of Education and Justice's Safe 
and Smart: Making After-School Hours Work for Kids (June, 
1998), that notes: ``First and foremost, after-school programs 
keep children of all ages safe and out of trouble. The after-
school hours are the time when juvenile crime hits its peak, 
but through attentive adult supervision, quality after-school 
programs can protect our children.''
    The report also points out that ``school-age children and 
teens who are unsupervised during hours after school are far 
more likely to use alcohol, drugs, and tobacco, engage in 
criminal and other high-risk behaviors, receive poor grades, 
and drop out of school than those children who have the 
opportunity to benefit from constructive activities supervised 
by responsible adults.''
    In general, through its decision to combine the Safe and 
Drug-Free Schools and Communities Act and the 21st Century 
Community Learning Centers Act, the Committee seeks to unify 
the federal youth drug and violence prevention and education 
efforts and to improve the quality of these federally supported 
efforts.
    Specifically, this decision seeks to ease the burden of 
administering two separate, but similar programs that clearly 
overlap each other in statute and practice. For instance, the 
Safe and Drug-Free Schools and Communities Act lists after 
school activities as an allowable use of local funds. Under the 
21st Century Community Learning Centers program, the 
administration continues to place a priority of funding grants 
for after school drug and violence prevention. In short, why 
should the federal government and local schools be forced to 
administer two similar but separate programs when they can be 
easily combined to further leverage taxpayer dollars?
    Moreover, combining the two programs will ensure that 
schools receive sufficient funds to develop and implement 
quality after school programs. Right now, not all schools 
receive 21st Century Community Learning Centers grants. In 
December of 1999, the Department awarded 125 new grants 
totaling nearly $67 million for which it had received more than 
2000 applications. In FY 2000, $185 million is available for 
new awards to selected local districts. By combining programs 
and increasing the total funding level to $1.033 billion, all 
schools will have additional funds to use for after school 
needs.
    Under H.R. 4141, schools will now receive sufficient funds 
to develop and implement quality programs well suited to the 
needs of their community. One complaint against the Safe and 
Drug-Free Schools and Communities Act is that many schools do 
not receive enough money to implement quality programs (about 
$6 to $8 per student), let alone to implement quality drug 
prevention, violence prevention, and after school programs. By 
combining programs, local schools will receive a 177 percent 
increase in funds. This is almost triple what they receive now.
    Combining the two programs also prevents funding and 
program quality problems that the 21st Century Community 
Learning Centers program would face if it were to remain a 
separate program. The 21st Century Community Learning Centers 
program is currently funded at $453.4 million (a substantial 
increase from its FY 1995 authorization of $20 million). A 
program with this much money should distribute funds by a 
formula to all local schools. With a funding level nearly 
identical to the Safe and Drug-Free Schools Act, a formula 
driven 21st Century Community Learning Centers program would 
likely fall prey to the same insufficiency of funds and quality 
of programs problems currently facing the Safe and Drug-Free 
Schools and Communities Act.

Funding formula

    Title II of H.R. 4141 generally follows the funding formula 
of the Safe and Drug-Free Schools and Communities Act. Given 
the recent funding levels of both programs, the Committee 
believes that funds are better distributed through a formula, 
rather than a grant process. The Safe and Drug-Free Schools and 
Communities Act formula represents a good compromise that 
recognizes the need of all schools and communities for drug and 
violence prevention and the need of states and governors to 
have some discretion to send additional funds to those schools 
and communities with the greatest need for additional drug and 
violence prevention assistance.
    The bill provides separate authorizations for the states 
and for the Secretary of Education. The states receive funds 
through a formula based 50 percent on the school age population 
of each state and 50 percent based on the amount each state 
receives under Title I, Part A. Of the funds a state receives, 
the bill provides that up to 10 percent may be reserved by the 
governor to fund drug and violence prevention programs, and 90 
percent shall be used for state and local drug and violence 
prevention activities.
    The bill requires the governor to spend between 10 and 20 
percent of the funds he or she receives on grants to state, 
county, or local law enforcement agencies for drug and violence 
prevention programs. Governors may use up to three percent of 
their funds for administrative expenses under the title. The 
remaining funds must be used for competitive grants to, or 
contracts with, local educational agencies, parent groups, 
community based organizations, including religious 
organizations, and other public entities and private 
organizations, including private for-profit businesses, to 
support comprehensive community-wide prevention efforts or 
direct drug and violence prevention services for youth.
    Of the funds a state retains, it may use up to two percent 
for administrative expenses under the act and up to two percent 
for state-level drug and violence prevention activities. State-
level drug and violence prevention activities include technical 
assistance and program improvement services designed to support 
the implementation at the local level of drug and violence 
prevention activities. The remainder of the state retained 
funds must be sent to local educational agencies.
    The funds received by the local educational agencies may be 
used for a variety of drug and violence prevention activities, 
with up to two percent to be used for administrative expenses. 
States distribute funds to local educational agencies through 
two means: they must distribute 70 percent of the funds based 
upon each local educational agency's student population, and 30 
percent of the funds to those local educational agencies that 
have the greatest need for additional funds for drug and 
violence prevention programs. Under an amendment offered by 
Mrs. Roukema (R-NJ) and accepted during Committee markup, 
special consideration for receipt of need-based funding shall 
be given to those local educational agencies that provide 
mental health services to students. Under another amendment 
offered by Mr. Castle (R-DE), and accepted during the markup, 
30 percent of the need-based funds shall be used to fund local 
educational agency alternative education programs. Alternative 
education programs include in-school suspensions and 
alternative schools, and focus on serving students suspended or 
expelled from school. These two amendments complement each 
other and ensure a comprehensive approach toward drug and 
violence prevention.
    Mr. Andrews (D-NJ) successfully included in H.R. 4141 an 
amendment that requires states and local educational agencies 
that receive funds under Title II to have a policy that 
prohibits cigarette vending machines and the illegal possession 
of or use of drugs or alcohol on school grounds or at any 
school sponsored events. This amendment expands the current 
Pro-Children Act of 1994, which prohibits smoking in schools.

Program quality and effectiveness

    Recent funding levels for the Safe and Drug-Free Schools 
and Communities Act have provided schools with an average of $6 
to $8 per student. Since the last authorization, the Committee 
has received reports of schools using Safe and Drug-Free 
Schools and Communities funds for school assemblies starring 
giant toothbrushes to promote healthy practices or of funds 
being used to purchase pencils imprinted with the phrase 
``Don't Do Drugs.'' Given the lack of adequate funds, it is not 
difficult to understand why schools often implemented mediocre 
programming with the Safe and Drug-Free Schools and Communities 
Act funds.
    The Safe and Drug-Free Schools and Communities Act programs 
and activities have a history of questionable effectiveness. To 
begin with, the act has suffered from a lack of program 
evaluation. The General Accounting Office, reporting on the 
lack of evaluation information in October of 1997, stated that 
the ``lack of uniform information on [Safe and Drug-Free 
Schools and Communities Act] program activities and 
effectiveness may, however, create a problem for federal 
oversight.'' (Safe and Drug-Free Schools: Balancing 
Accountability with State and Local Flexibility. GAO/HEHS-98-3)
    Other researchers have found that the act has been poorly 
implemented. An evaluation of Safe and Drug-Free Schools and 
Communities Act programs found that few schools implemented 
programs proven effective through research, and that few had 
even evaluated the effectiveness of the programs they were 
using (E. Suyapa Silvia and Judy Thorne, ``School-based Drug 
Prevention Programs: A Longitudinal Study in Selected School 
Districts,'' Research Triangle Institute, Research Triangle 
Park, NC, 1997). The reasons found for not implementing quality 
programs include lack of sufficient funds, heavy marketing of 
poor prevention activities, and lack of adequate teacher 
training to properly implement programs.
    While the news may not always be good, at least the Safe 
and Drug-Free Schools and Communities Act has undergone an 
evaluation. The 21st Century Community Learning Centers Act has 
yet to complete an official evaluation. Still, a 121 percent 
increase in funding has been requested by the Clinton 
administration for the act. The Committee agrees that after 
school programs can benefit students and communities; however, 
it is the Committee's responsibility to ensure that federal 
funds be spent on quality programs.
    The Committee recognizes that both programs need to include 
program quality requirements. Combining the Safe and Drug-Free 
Schools and Communities Act and the 21st Century Community 
Learning Centers Act will ensure sufficient funds for the 
implementation of quality programs. Local schools will then 
have the responsibility to implement programs and activities 
that fit the needs of their students and their community and 
that have an assurance of quality.
    In addition, by combining the Safe and Drug-Free Schools 
and Communities Act and the 21st Century Community Learning 
Centers Act, the Committee requires that all programs and 
activities be based upon scientifically based research. The 
definition of scientifically based research requires that a 
program satisfy several elements of quality research, including 
that the program be tested though ``rigorous, systematic, and 
objective procedures to obtain valid knowledge relevant to 
youth drug and violence prevention activities and programs.'' 
The definition of scientifically based research and the 
rigorous but attainable standard it sets are essential to 
ensuring program quality under Title II, and will have the 
greatest impact on improving the quality of these programs 
implemented in the local schools and communities.
    While some may be concerned that this definition sets a 
standard that all but a few programs will fail, the evidence is 
to the contrary. In just one project, ``Science-based Practices 
in Substance Abuse Prevention: A Guide,'' developed by the 
Center for Substance Abuse Prevention (CSAP) in the Substance 
Abuse and Mental Health Services Administration, at least 75 
programs of youth drug and violence prevention, including 
before and after school activities, were found to meet the high 
standards of ``scientifically based research.'' These are not 
the only programs that fit this standard. In another project, 
CSAP reviews program outcomes and evaluations in order to 
determine whether the program is worthy of inclusion in the 
National Registry of Effective Prevention Programs. The 
Committee concludes that schools and communities should not 
fear a lack of quality model programs.
    The Committee also recognizes that innovation in youth drug 
and violence prevention programs and activities must be 
encouraged and supported. For this reason, the Committee 
included a waiver to the scientifically based research 
requirement. Local educational agencies and community-based 
organizations may apply to the state for a waiver of the 
scientifically based research requirement ``to allow for 
innovative activities or programs that demonstrate substantial 
likelihood of success.'' The Committee intends that waivers be 
used to encourage the development of new approaches to youth 
drug and violence prevention. While a state should provide 
waivers to worthy programs, it should also require that 
programs receiving waivers undergo scientifically based 
research evaluation in order to judge the quality of the 
program in future funding applications.
    The Committee believes that consideration of factors 
presented in studies such as the National Longitudinal Study of 
Adolescent Health can greatly assist local schools in their 
development of innovative approaches to youth drug and violence 
prevention. That study, cited in the Journal of the American 
Medical Association of September 10, 1997 (pp. 823-32), 
provides information on the characteristics of students who 
successfully avoid drugs and violence, and the characteristics 
of those who do not. This scientifically based study is 
nationwide and ongoing, ensuring an up-to-date, comprehensive 
view of the health of our nation's youth. Schools can use 
information such as this when they considered the needs of 
their own students and how to design the best prevention 
program for their students.

Principles of effectiveness

    The Committee included in H.R. 4141 the principles of 
effectiveness to guide the implementation of programs under 
Title II. These principles are similar to those being 
implemented through guidance for the Safe and Drug-Free Schools 
and Communities Act since 1998 and contained in the Department 
of Education's ESEA reauthorization proposal. The principles of 
effectiveness establish a basic set of considerations for a 
school or community to make when determining their drug and 
violence prevention needs. First, the school or community must 
undergo or access an assessment of the drug and violence 
problems among youth, the current prevention strategies 
targeting youth, and the academic achievement of the youth. 
Second, the principles call for any program or activity to be 
based on performance measures for a drug-free and safe learning 
environment. Third, each program or activity must be based on 
scientifically based research that provides evidence that the 
program will have a drug and violence prevention outcome. 
Finally, the program or activity must undergo a periodic 
evaluation of effectiveness.
    The principles of effectiveness promote best practices in 
drug and violence prevention programs and activities. Codifying 
these principles is essential to encouraging improvements in 
the program quality. In its request for public comment on July 
16, 1997, the Department of Education gave a very succinct 
rationale for why the principles should be adopted. It wrote, 
``The administration also has a responsibility to promote the 
most effective possible use of these limited resources, which 
in many instances are the only funds available to local schools 
to address their youth drug and violence problems.''

Governors drug and violence prevention activities and programs

    The Committee has rewritten the list of allowable uses of 
funds at all levels. These lists illustrate the type of 
programs and activities that the Committee believes are the 
best uses of funds. At the governors' level, the Committee has 
made two major changes. First, in the required uses of 
governor's funds, the Committee has eliminated any reference to 
particular law enforcement partnership programs. The naming of 
particular programs was never intended to limit the choices of 
local schools and communities when designing drug and violence 
prevention programs. By removing the named entities, the 
Committee intends that schools and communities be creative and 
innovative in their law enforcement partnership programs. 
However, the change does not prevent local schools from funding 
the programs they currently implement with these funds. In 
addition, current law requires that these programs be funded 
with not less than 10 percent of the governors' funds. The 
Committee has retained the 10 percent floor on funding, but has 
provided a cap of 20 percent of the governors' funds for these 
law enforcement partnership activities. Given the significant 
concerns regarding the effectiveness of some activities funded 
through this provision, the Committee found it appropriate to 
limit funding of these programs.
    The second major change made at the governors' level is 
that allowable uses of funds are no longer listed in detail. 
Rather, the Committee chose to provide a brief list of the type 
of activities the governors should support with Title II funds. 
The Committee directs that governors fund community wide 
prevention efforts or direct service activities. Funds left at 
the state level for grand scale programs that do not reach the 
students have no accountability. Under the present system, 
often funds are spent on annual conferences and small and 
seldom utilized state facilities with a fancy title on the door 
and a state appointed bureaucrat. These uses are not as 
effective as those that are funded at the local level and 
implemented in the local classroom. Services at the local level 
will be accountable for drug and violence prevention as 
measured by the public reporting of whether performance 
indicators have been met.
    The Committee has added a new element to the governors' 
activities by requiring that governors reward drug and violence 
prevention programs of exceptional quality. Rewarding programs 
that successfully prevent drug use and violence is another 
example of the push for quality that the Committee intends for 
Title II.
    During Committee consideration, an amendment offered by Mr. 
Schaffer (R-CO) to clarify that private, for-profit 
organizations can compete for funds under the governors' 
program was accepted. H.R. 4141 allows private, for-profit 
organizations to compete for grants and grants under the 
governors' program. Mr. Schaffer's amendment clarifies this, 
especially by providing and completing references in the 
findings and purpose sections of Title II. The Committee 
believes it is appropriate to allow private, for-profit 
organizations, especially private childcare providers, to 
compete for these funds because these providers may be the best 
qualified entities. There is no reason to exclude those who are 
best able to serve children.

State drug and violence prevention programs

    Again, the Committee has simplified the list of allowable 
activities at the state level. Similar to the current Safe and 
Drug-Free Schools and Communities Act provisions, Title II 
provides that the state should undergo activities that assist 
local school districts in the implementation of quality drug 
and violence prevention activities and programs.

Local drug and violence prevention programs

    The Committee has made substantial changes to the section 
describing the types of activities that local schools can 
support with Title II funds. Title II continues the requirement 
found in the Safe and Drug-Free Schools and Communities Act 
that programs promote drug and violence prevention. Within that 
requirement, schools and communities are free to design a 
program or activity that fits their particular needs, including 
a before or after school activity or a continuing education 
program, provided the program or activity follows the 
principles of effectiveness.
    In rewriting this section, the Committee chose to provide a 
non-exhaustive list of activities that would be an acceptable 
use of funds. The Committee wishes to draw particular attention 
to several of these activities. The first activity listed is 
programs of drug and violence prevention that incorporate a 
variety of prevention strategies and activities, including 
teaching that most people do not use drugs and teaching the 
resistance skills necessary to prevent drug use. By listing 
this provision first, the Committee sends a clear message that 
students need to be taught drug and violence prevention from a 
variety of angles, that students need reinforcing lessons 
throughout their school years, and that parents and communities 
need to be involved in teaching drug and violence prevention.
    Next in the list of allowable activities are before and 
after school programs and continuing education activities. This 
provision continues most of the activities for the former 21st 
Century Community Learning Centers Act. It not only permits 
schools to keep their doors open before and after hours as the 
original law intended, but it also specifically encourages 
development of before and after school activities that enhance 
academic achievement for individuals of all ages. Among those 
activities included are curriculum based entrepreneurial 
education programs and curriculum based remedial education, 
extended learning programs, youth science education programs, 
personal finance education programs, expanded library service 
hours programs, and arts and music education programs. The 
Committee wishes to clarify that curriculum based remedial 
education includes remedial and supplemental academic 
enrichment activities, including literacy programs. The 
Committee also intends that the funds authorized under this 
program for after-school arts activities shall be used to 
supplement and not supplant existing music and arts education 
programs as part of the regular school curriculum.
    As noted previously, the Committee believes that youth drug 
and violence prevention can be accomplished through a variety 
of means, and that before and after school programs and 
activities should be part of this mix. As the Committee 
discovered during the February 10, 2000, hearing on the 21st 
Century Community Learning Centers Act, youth often join after 
school programs for the recreational aspect. The academic or 
educational component is something tolerated. But, youth soon 
realize that they have developed skills that will enhance their 
future options. Chantal Cotton, a youth participant in an after 
school program in Flint, Michigan, testified that the 21st 
Century Community Learning Centers Programs ``are fun, but they 
teach you something with a lasting effect.''
    The Committee made several other changes and additions to 
the provisions on school safety. It removed the cap on the 
amount of funds a local educational agency can spend on 
acquisition and installation of metal detectors and the hiring 
and training of school security personnel. Removing the cap 
allows local educational agencies the flexibility to create a 
youth drug and violence prevention program that best fits local 
needs. The Committee also found it appropriate to include 
testing youth for illegal drug use and conducting locker 
searches for illegal drugs or drug paraphernalia. Drug testing 
and locker searches are increasingly being used as powerful 
deterrents to youth drug use. School violence hotlines may be 
supported with funds under the title. Youth often have a sense 
of allegiance to their peers that adults do not understand. 
These school violence hotlines can be used by youth to report 
anonymously and to provide tips of impending school violence. 
Recognizing that improved academic performance can be a 
powerful drug and violence deterrent, Mr. Souder (R-IN) offered 
an amendment, which was accepted, that allows local funds to be 
used for programs that improve student academic performance. 
This amendment provides flexibility in the use of funds, while 
still requiring a connection to drug and violence prevention.
    The Committee added two provisions that schools can use to 
learn more about teachers and students. First, background 
checks of school personnel have been added to the allowable 
uses of funds list. Second, the Committee has added a provision 
allowing local funds to be used for establishing and 
implementing a system for transferring suspension and expulsion 
records by a local educational agency to any public or private 
elementary or secondary school. The Committee purposefully 
addresses suspension and expulsion records as such punishments 
typically involve serious incidents of misbehavior. To do 
otherwise runs the risk of relatively minor infractions 
preventing a child from receiving the benefit of the doubt in a 
new school. The Committee strongly encourages states to take 
the responsibility of setting up such records transfer systems. 
These systems can be useful to local schools and provide them 
with the information necessary to deter school violence and 
determine the best way to appropriately serve students.
    To mirror a provision added during Floor consideration of 
H.R. 2, H.R. 4141 allows local funds to be used for public 
school choice for students attending unsafe public schools, 
including for payment of reasonable transportation costs for 
these students. Too often, school choice is impossible as a 
practical matter due to transportation problems. This provision 
will allow Title II funds to be used to pay transportation 
costs for those students who choose to attend a safe school, 
rather than a school that the state has designated as unsafe. 
This provision complements the provision addressing public 
school choice for students in low performing schools, also 
found in H.R. 2.
    The Committee has included character education in H.R. 4141 
to encourage and promote positive behaviors and qualities in 
students. The Committee intends that the particular elements of 
good character to be taught in the local schools should reflect 
the values of the local community. The seven elements of good 
character named in the provision are the core elements 
identified by character education experts. Nonetheless, each 
community should provide input on which elements should be 
taught, and a school may find that many more elements of good 
character should be taught than the seven listed.
    Finally, the Committee has done much to address the mental 
health needs of youth. The Committee believes that the primary 
purpose of schools is to further student academic achievement 
and that schools should not be held responsible for providing 
mental health services. Nevertheless, the Committee does 
recognize that some schools and communities may find it 
appropriate and necessary to provide mental health services to 
students. This is a local choice and not a requirement to be 
imposed upon schools. In order to assist youth in need of 
mental health services, the Committee has continued the 
provision allowing funds to be used for counseling services. To 
address the growing mental health needs of youth, the Committee 
has added a provision allowing funds to be used to expand and 
improve school based mental health services. Comprehensive, 
coordinated mental health services help to reduce classroom 
disruptions, to deter students from delinquent behavior, and to 
get students focused on learning. These provisions fit nicely 
with the counseling provisions in Title V, Part A (the Fund for 
the Improvement of Education) that support best practices in 
elementary and secondary school counseling demonstration 
projects.
    The Committee included a definition of school based mental 
health services provider in Title II. While some have called 
for the federal government to set a national professional 
qualifications standard for school based mental health services 
providers, the Committee does not find that appropriate. 
Instead, the Committee prefers to allow state law to determine 
what professional qualifications are necessary to provide 
school based mental health services. Leaving this decision to 
state law will allow locals to provide the appropriate range of 
services for youth.
    Mr. Schaffer (R-CO) offered an amendment during the 
Committee markup, which was accepted, that requires a local 
educational agency, upon written notification from a student's 
parent, to withdraw the student from any program or activity 
funded under Title II. Under the amendment, the local 
educational agency must make reasonable efforts to inform 
parents of the content of non-classroom instruction funded 
under Title II. The Committee believes that with the variety of 
activities a school can implement under Title II, including 
services such as mental health services, that it is wise to 
ensure that parents are aware of the services a child receives.
    During the Committee's consideration of H.R. 4141, several 
new local uses of funds were added. Those unfamiliar with the 
purpose of the legislation looked to it as a vehicle for gun 
control provisions. The purpose of Title II is to provide funds 
to schools for drug and violence prevention and education 
activities. It is a bill that would send funds through the 
Department of Education to schools to support educational 
activities. It is not a bill that can change the criminal code 
regarding gun show restrictions and child safety locks. The 
Committee, however, does recognize that a compelling argument 
can be made for gun violence prevention education. With this in 
mind, the Committee agreed to three gun amendments. The 
Committee finds these amendments to be appropriate allowable 
uses of local drug and violence prevention funds.
    The first amendment would allow local educational agencies 
that receive Title II funds and have a high rate of expulsions 
of students for possession of a firearm at school to use those 
Title II funds to study the effectiveness of promoting the 
benefits of child safety locks for firearms.
    The second amendment would require the National Center on 
Education Statistics to collect data on drug use by youth and 
on firearm related injuries and fatalities, data on the 
relationship between the victims and perpetrators, the 
demographic characteristics of victims and perpetrators, and 
the type and characteristic of the firearm used in the 
incident.
    The third amendment would allow local educational agencies 
that receive Title II funds and have a high rate of expulsions 
of students for possession of a firearm at school to develop a 
plan with local law enforcement agencies to protect students 
and school employees against gun violence, which may include 
the promotion of the benefits of child safety locks for 
firearms.

Discipline of students with disabilities

    The Committee adopted two amendments that change federal 
requirements regarding disciplining students with disabilities. 
Mr. Norwood (R-GA) offered an amendment that would allow school 
personnel to discipline, as they would discipline a non-
disabled student under regular school policies, a disabled 
student who brings a weapon to school. This amendment passed by 
a vote of 28-17. It is substantially similar to an amendment 
Mr. Norwood offered during Floor debate on H.R. 1501, the 
Juvenile Justice bill. That amendment passed on the House Floor 
by a vote of 300-128. The second amendment, offered by Mr. 
Talent (R-MO) would allow school personnel the same discretion 
for students with disabilities who have illegal drugs at school 
or who commit an aggravated assault while at school. This 
amendment was accepted in Committee markup by voice vote.
    Both amendments would allow school personnel to cease 
providing educational services, if they have that ability under 
state law, but would encourage school personnel to make this 
decision on a case-by-case basis. Committee members argued that 
the amendments are necessary to ensure the safety of all 
students in our nation's schools. Members also offered the 
experiences of constituents as support for the amendments. One 
member spoke of a student whose misbehavior warranted a 
suspension. The student, in discussing the situation with 
school personnel, commented that he knew school personnel could 
not apply the usual school punishment and that there would be 
no consequences for his misbehavior because he was a student 
served under the Individuals with Disabilities Education Act 
(IDEA). Such stories illustrate the need to allow school 
personnel discretion in disciplining students.
    Local educators and the organizations that represent them 
have pushed for these amendments. In letters supporting both 
amendments, the American Association of School Administrators 
(AASA) stated,

          The requirements of the Individuals with Disabilities 
        Education Act of 1997 (IDEA) have tied the hands of 
        school administrators when it comes to discipline. * * 
        * For the past several years [AASA] has been urging 
        Congress to eliminate that dual code of discipline. We 
        greatly appreciate your ongoing efforts to eliminate 
        the discipline contradiction in current law and your 
        commitment to return discipline authority to school 
        administrators.

    In its letter of support, the National Association of 
Secondary School Principals wrote,

          While it is the intent of every educator to deliver 
        the best and most appropriate education to every child, 
        difficult decisions are sometimes required in order to 
        deliver quality education in a safe and learning 
        conducive environment. It is unfair--indeed unsafe--to 
        allow one student to jeopardize the safety of all 
        others. * * * Thank you for recognizing the inequities 
        related to discipline which are created under differing 
        sets of law, and for taking action to remove these 
        legislative and regulatory barriers.

    Members addressed cessation of educational services during 
debate of these two amendments. All members offering comments 
during the debate of these amendments acknowledged that ceasing 
educational services might not provide long-term solutions to 
student misbehavior. The sponsors of the amendments argued, 
however, that current requirements could teach students that 
their misbehaviors have no consequences and that they will 
never be punished. The Committee believes that local school 
personnel need the discretion allowed by these two amendments, 
and that school personnel will invoke the case-by-case 
exception when appropriate and necessary.
    H.R. 4141 does not leave local schools without options for 
serving students who have been suspended or expelled from 
school. As mentioned previously, Mr. Castle (R-DE) offered an 
amendment, which was accepted, that allows local funds to be 
used for alternative education services. Under the amendment, 
alternative education programs range from in-school suspension 
to entire school curriculums serving students in a non-
traditional or alternative format. The amendment requires that 
such programs have a priority on serving students suspended or 
expelled from their regular school or classroom. Included in 
the amendment is a provision that would require states to set-
aside 30 percent of the 30 percent need based funds they 
distribute to local schools under Title II. Those set-aside 
funds would still flow to local schools, but would be targeted 
to local schools in need of assistance to plan, implement, or 
expand alternative education programs. Today, school districts 
increasingly are turning to alternative education programs to 
deliver educational and mental health services to expelled 
students, often in collaboration with social agencies and 
community-based organizations. This amendment provides key 
assistance for this worthy endeavor.

National activities

    The Committee purposefully rewrote the secretary's national 
programs authority from how it appears in the current Safe and 
Drug-Free Schools and Communities Act. In Title II, the 
secretary's program authority is narrowly focused on those 
activities for which states and local educational agencies have 
reported needing assistance. These activities must fall within 
scientifically based evaluations of prevention programs, 
assistance in dissemination of drug and violence prevention 
information, and technical assistance to states and local 
educational agencies in their drug and violence prevention 
programs and activities.
    Throughout recent education legislation, the Committee has 
sent a greater percentage of funds and more program authority 
down to the local level. Title II is no different. The 
Committee believes that the federal government can provide 
assistance in youth drug and violence prevention, but the 
responsibility for establishing prevention programs and setting 
priorities for prevention programs should remain at the local 
level. This philosophy supports a locally created drug and 
violence prevention agenda, rather than a nationally driven 
agenda and related initiatives.
    The Committee chose not to retain the current national 
activity authority regarding hate crimes and the references 
throughout the law to hate crimes and prejudice and 
intolerance. Current national programs authority to create a 
sample curriculum regarding hate crime prevention has been 
abused. A publication created by the Department of Education, 
Healing the Hate, which targets middle school age students, 
teaches that certain Christian beliefs are intolerant. 
Including this in a middle school curriculum is inappropriate, 
and in fact, furthers the hate it is designed to prevent.
    H.R. 4141 takes a constructive approach toward preventing 
hate crimes and prejudice and intolerance. It allows funds to 
be used for promoting positive behaviors in students by 
including several uses of funds that parallel hate crime 
prevention. Specifically, it allows funds to be used for 
activities and programs regarding character education, 
including teaching honesty, citizenship, courage, justice, 
respect, personal responsibility, and trustworthiness. These 
are personal characteristics that promote tolerance in the 
treatment of individuals. The Committee believes that Title II 
funds are best used when they support and promote positive 
behaviors, rather than when they highlight negative behaviors.

Gun Free Schools Act

    The Committee retains the current Gun Free Schools Act 
requirements. Current law requires a state that receives 
federal ESEA funds to have a state law requiring local 
educational agencies to expel for a year a student who brings a 
gun to school. The Education OPTIONS Act makes minor changes in 
the Gun Free Schools Act. It eliminates the section that 
requires the secretary to disseminate policy guiding the 
implementation of the act and its connection to IDEA. It 
incorporates the act into the Title II provisions. 
Additionally, it codifies the current practice of exempting 
home schools from the act, by stating, ``The term ``school'' 
does not include a home school, regardless of whether a home 
school is treated as a private school under state law.''

Definitions

    It has been brought to the Committee's attention that some 
schools believe they cannot use current Safe and Drug-Free 
Schools and Communities Act funds for activities to prevent the 
use of inhalants. This is a mistaken belief. Furthermore, the 
Committee intends that schools continue to have the ability to 
use Title II funds for activities to prevent the use of 
inhalants. Communities across the nation are facing a growing 
problem of youth using inhalants. Because they are 
uncontrolled, common household products, inhalants are easily 
accessible by youth. Coupling this with the lack of knowledge 
of the deadly effects of inhalant use results in a dangerous 
situation. The Committee urges schools and communities to add 
inhalant use to their drug and violence prevention programs and 
activities.
    Second, the Committee has included in the term ``drug and 
violence prevention'' a reference to before and after school 
activities and continuing education activities. These are 
``educational activities for individuals of all ages in the 
community that operate with a goal of drug and violence 
prevention in the school or community.'' The Committee notes 
that this definition is key to understanding how it intends 
before and after school programs and continuing education 
activities to operate in the context of drug and violence 
prevention. These activities must have a goal of drug and 
violence prevention, but do not necessarily have to teach drug 
and violence prevention.
    Third, Title II includes a definition of ``school based 
mental health services provider.'' As explained previously, the 
definition relies on state law to set the standard of who can 
provide mental health services to youth. The definition reads, 
``The term 'school-based mental health services providers'' 
includes state licensed or state certified school counselors, 
school psychologists, school social workers, and other state 
licensed or certified mental health professionals qualified 
under state law to provide such services to children and 
adolescents.''
    Fourth, the Committee wishes to clarify that the term 
``school personnel,'' because it includes ``other support staff 
who are employed by a school or who perform services for the 
school on a contractual basis,'' includes school bus drivers. 
Student drug use and violence is not confined to the school 
building, and can easily occur while students are on the school 
bus traveling to and from school. The Committee encourages 
schools to include school bus drivers in their drug and 
violence prevention strategies and training.

Wrong and harmful message

    The Committee has become aware that some local schools, in 
implementing their drug prevention activities, are not 
conveying the message that ``the use of drugs is wrong and 
harmful,'' especially the ``wrong'' component. For instance, 
the Committee has reviewed an article published February 26, 
2000 in the San Diego Union-Tribune reporting that a program 
funded under the Safe and Drug-Free Schools and Communities Act 
teaches that ``drugs are likely to remain a part of American 
culture and the key measure of success of any drug education 
program should be a reduction in drug problems, not 
abstinence.'' The Committee strongly disagrees with this 
perspective. Students need clear and consistent messages that 
teach them to resist drug use because the use of drugs is wrong 
and harmful. Students are not well served by confusing 
messages. To remedy this situation, the Committee has included 
in the governors application and the local educational agency 
application a requirement to provide an assurance that drug 
prevention programs and activities funded under Title II convey 
a ``clear and consistent message that the use of drugs is wrong 
and harmful.''

Participation by religious organizations

    The Committee has clarified its intent that religious 
organizations should be allowed to participate in Title II 
activities and programs. While these organizations can 
participate under the current ``community based organization'' 
authority, the Committee thought it was important to amend 
current definitions to clarify that such providers may not be 
barred from providing services in the future, because of their 
religious nature.
    The Committee has also included ``charitable choice'' 
provisions to support the participation of religious 
organizations in Title II programs and activities. Charitable 
choice is designed to ensure that all levels of government give 
consideration to religious organizations, on the same basis as 
other nongovernmental organizations, in carrying out drug and 
violence prevention activities with funds provided under the 
governors' program authority, and that such consideration be 
consistent with the Establishment Clause of the Constitution.
    In addition to providing that religious organizations be 
considered on the same basis as other nongovernmental 
organizations, these provisions clarify that religious 
organizations may not be discriminated against on the basis of 
their religious character. The provision would: (1) clarify 
that a religious organization that provides assistance retains 
its religious character and control over the definition, 
development, practice and expression of its religious beliefs; 
(2) clarify that neither the federal, state or local 
governments may require the religious organization to alter its 
form of governance or remove religious art, icons, scripture or 
other symbols in order to be eligible for assistance; (3) 
clarify that religious organizations are exempt from employment 
nondiscrimination requirements of Title VII of the Civil Rights 
Act as is true under the current Title VII civil rights law; 
(4) clarify that religious organizations receiving funds shall 
follow generally accepted auditing principles and that only the 
funds provided under Title II and segregated shall be subject 
to audit; (5) clarify that no government funds may be used for 
sectarian worship, instruction or proselytization; and (6) 
clarify that nothing in the provision preempts state law that 
prohibits or restricts the expenditure of state funds by a 
religious organization.
    The charitable choice language is substantially similar to 
language that is already a part of current law in the Community 
Services Block Grant (P.L. 105-285) and the welfare reform law 
(P.L. 104-193). It is also substantially similar to the House-
passed version of the Fathers Count Act of 1999 (H.R. 3073), 
the House-passed version of the Juvenile Justice legislation 
(H.R. 1501), and the Committee-passed version of Even Start 
(H.R. 3222). Each of these two laws as well as the fatherhood 
bill passed the House with broad bipartisan support. 
Additionally, with respect to the Juvenile Justice bill, on 
June 17, 1999, the House passed a specific charitable choice 
amendment by a vote of 346-83. Furthermore, in prior years the 
House enacted childcare legislation under which the federal 
government funds childcare services, in many cases, through 
private faith-based organizations. Pell grants, too, are funded 
by the government and may be used by students who attend 
private church-supported colleges. In short, Congress is 
clearly on record as supporting more choices across the board 
in order to involve religiously affiliated entities. The 
language of the Title II provision extends charitable choice to 
drug and violence prevention activities and programs.
    The executive branch is also an advocate for charitable 
choice. The Clinton administration has been a strong advocate 
for allowing religious organizations to compete with 
traditional non-religious organizations in providing social and 
other services to the needy. In fact, on May 24, 1999 during a 
speech in Atlanta, Georgia, Vice President Gore said,

          I have seen the transformative power of faith-based 
        approaches through the national coalition I have led to 
        help people move from welfare to work--the Coalition to 
        Sustain Success * * * I believe government should play 
        a greater role in sustaining this quiet 
        transformation--not by dictating solutions from above, 
        but by supporting the effective new policies that are 
        rising up from below. And I believe the lesson for our 
        nation is clear: in those specific instances where this 
        approach can help us meet crushing social challenges 
        that are otherwise impossible to meet--such as drug 
        addiction and gang violence--we should explore 
        carefully-tailored partnerships with our faith 
        community, so we can use the approaches that are 
        working best.

    Similarly, President Clinton has stated ``Common sense says 
that faith and faith-based organizations from all religious 
backgrounds can play an important role in helping children to 
reach their fullest potential * * *.''
    The Committee notes that under the Title II charitable 
choice provision no religious organization is required to 
participate. Rather, under the provision, the government may 
not discriminate against religious organizations that seek to 
participate and may not require those religious organizations 
to ``secularize'' or eliminate their religious character in 
order to participate.
    An amendment offered by Mr. Scott (D-VA), which was adopted 
during markup, would prohibit an eligible entity from 
subjecting a participant in a Title II program or activity and 
during the conduct of such program or activity to sectarian 
worship or instruction or proselytization. Title II already 
prohibits Title II funds from being used for worship, 
instruction or proselytization. The amendment goes one step 
further to include a prohibition in the program regardless of 
the funding source. While the language provides a safeguard, 
First Amendment jurisprudence in any event would likely 
prohibit such activities as a part of a Title II drug and 
violence prevention program.
    A second amendment to charitable choice offered by Mr. 
Scott was accepted. The amendment states that receipt of 
financial assistance under Title II constitutes receipt of 
federal financial assistance. The Committee views the amendment 
as nothing more than restating current law and what is patently 
obvious. Regardless of whether the entity is a school district 
or a nonprofit organization, if it receives federal money under 
Title II, it is considered federal financial assistance. In no 
way, however, does the Committee view the amendment language as 
otherwise extending any new rights or extending civil rights 
protections beyond current law.
    Some argue that continuing to include charitable choice in 
federal programs will lead to endless litigation. However, 
charitable choice has been in the welfare law for a little over 
three years and has not produced endless litigation over the 
separation of church and state. In fact, the Committee is 
informed that no federal district court or appellate court has 
published any court decision litigating this matter.
    The Committee wishes to clarify that religious 
organizations that receive grants or contracts funded under 
Title II are not obligated to change the nature of their 
existing programs in order to comply with the obligations under 
Title II. For instance, a religious organization still retains 
control over how it offers its general education programs and 
to whom these programs are offered, but should be willing to 
serve a variety of constituencies when offering an after school 
program funded under Title II.

Religious nondiscrimination

    The Committee also included language in Title II that 
prohibits funds under the title to be used for activities or 
programs that discriminate against or denigrate religious or 
moral beliefs. This provision is similar to language included 
in the House-passed version of the Juvenile Justice legislation 
(H.R. 1501). It is commonly agreed that the public school 
system is no place to promote the merits of a particular 
religion over those of others; on the same note, any particular 
religion should not be denigrated through what children are 
taught in the classroom. The Committee wishes to clarify that 
this provision does not convey or create a private right of 
action for an individual to dictate curriculum. Any remedy for 
noncompliance with the provision would be handled by the 
Department of Education through the normal procedures of the 
General Education Provisions Act.
    Mr. Souder (R-IN) successfully added an amendment to this 
provision during the markup. His language would add the 
protection for the beliefs of parents too. The language, as 
amended, reads, ``No funds under this part may be used for 
activities or programs that discriminate against or denigrate 
the religious or moral beliefs of students who participate in 
such activities or programs or of the parents or legal 
guardians of such students.''

After school programs

    H.R. 4141 requires the General Accounting Office to conduct 
a study of current after school program opportunities, both 
federally and non-federally supported.
    Anecdotal evidence suggests and the Committee believes that 
after school programs, particularly those offered between the 
hours of 3 PM and 6 PM can help students enjoy school more, 
feel safer, and make them less likely to participate in 
unproductive or harmful activities. That said, the Committee 
has reservations about rapidly increasing funding for programs 
that have not been subject to thorough evaluations.
    Before further expanding the supply of after school 
programs, the Committee needs to develop its knowledge of the 
wide variety of programs that already exist and the ways in 
which the federal government can support the replication of 
quality programs across the country. For this reason, Title II 
authorizes the GAO to conduct a study of all after school 
programs that are currently available, the gaps in the supply 
of programs, barriers to using existing programs, and barriers 
to implementing new programs.
    Title II also authorizes a national clearinghouse of model 
after school programs. The Committee believes that establishing 
a national clearinghouse on model programs will improve the 
quality of after school programs. The clearinghouse will serve 
as an information resource for schools and communities looking 
to address their needs and the needs of their students. 
Currently, evaluations of programs and information on the 
availability of programs exist. The GAO study will add a 
national perspective, too. What is missing is a publicly and 
easily accessible means of retrieving this information. The 
clearinghouse will fill this gap.

                      title III--tech for success

    Moore's law holds that the capacity of computer memory 
chips will double every 18 months. This exponential growth is 
not unlike that of federal spending on education technology and 
in the number of new technology programs created. In 1995 
spending in this area amounted to a total of just $52.6 million 
for a handful of initiatives. By FY 2000, this amount had grown 
to over $3 billion (including discounts from the universal 
service fund under the E-rate program.) According to the 
General Accounting Office (GAO), the number of federal programs 
that may be used as a source of support for telecommunications 
and information technology in schools and libraries has since 
expanded to over 35 spread across eight federal agencies. 
[Telecommunications Technology: Federal Funding for Schools and 
Libraries, GAO/HEHS-99-133).]
    Unfortunately, despite the significant amount of funds that 
have been spent on education technology over the past half 
decade, little has been learned as to what works, what doesn't 
and how, if at all, technology is actually going to result in 
improving education in this nation. More and more education 
professionals are beginning to question whether computers 
actually increase student achievement any more than traditional 
classroom tools such as books and chalkboards.
    In fact, not much has changed since Todd Openheimer's 
widely circulated article in the July 1997 edition of The 
Atlantic Monthly. Entitled, ``The Computer Delusion,'' it began 
with the following passage: ``There is no good evidence that 
most uses of computers significantly improves teaching and 
learning, yet school districts are cutting programs--music, 
art, physical education--that enrich children's lives to make 
room for the dubious nostrum, and the Clinton administration 
has embraced the goal of `computers in every classroom' with 
credulous and costly enthusiasm.''
    To help make sure the next five years of federal investment 
in education technology will bear more fruit than that of the 
past half decade, the Committee has made several significant 
changes to the current Title III programs under the ESEA.
    One of the most significant changes is the consolidation of 
eight existing programs under Title III, including the 
Challenge Fund, Challenge Grants, Star Schools, Software 
Development Program, Preparing Tomorrow's Teachers, Community 
Technology Centers, the Secretary Leadership Fund, and the 
Middle Schools Teachers Training program. At least 95 percent 
of these consolidated funds will go directly to states--a 
change from current law under which the secretary retains 42 
percent for national activities and discretionary grants.
    With a single technology program, schools will no longer 
have to submit multiple grant applications to obtain education 
technology funding. In addition, the funds will no longer be 
segmented so that comprehensive education technology strategies 
will be easier to implement. The American Association of School 
Administrators, representing more that 14,000 superintendents 
and public school leaders, highlighted this aspect of the bill 
as one of the most important components. In an April 5, 2000 
letter to the Committee in support of these provisions, they 
wrote:

        The Options bill also provides school districts with 
        the benefit and convenience of a single federal 
        technology program. For the last several years our 
        members have requested a single source of technology 
        assistance. The numerous technology competitive grant 
        programs in ESEA are frequently so narrowly targeted 
        that local districts find it difficult to obtain 
        funding. With a single technology formula, schools will 
        have the increased flexibility to buy technology 
        resources that best fit their needs.

    With the funds provided under this title, schools will also 
have the ability to focus on projects and initiatives which 
best meet their particular needs within a framework established 
by states. This recognizes the fact that every school district 
is at a very different level. While some schools have just 
begun to acquire computers, others will choose to focus these 
funds solely on ensuring teachers have the skills and support 
necessary to effectively use technology. This is why the 
Committee believes the flexibility provided under Tech-for-
Success is so important because it recognizes these differing 
needs.
    Although the specific use of state and local funds are very 
flexible, the Tech-for-Success program includes a strong focus 
in five primary areas: academic achievement; increased access 
to technology; expanded professional development; innovative 
technology such as distance learning; and parental involvement.

Academic achievement

    The first stated purpose of the Tech-for-Success initiative 
is ``To provide assistance to states and localities for 
implementing innovative technology initiatives which lead to 
increased student academic achievement and which may be 
evaluated for effectiveness and replicated if successful.''
    The Committee believes the primary focus on education 
technology should be to enhance student academic achievement. 
Too often, technology is being implemented in schools without 
this focus and the results can be costly. A September 1999 ABC 
News report stated,

        * * * American schools have spent more than $5 billion 
        on new technology that was designed to improve student 
        performance. But during that same period of time, 
        student test scores for reading and math have remained 
        relatively flat.

    The report quoted Gary Bloom of the University of 
California Santa Cruz making the point ``It's easy to put 
computers in schools. What's not easy is to ensure that they 
make a real difference in improving student achievement.''
    Despite the overall disappointment in the ability of 
technology in improving education there are some reasons to be 
hopeful. In 1990, West Virginia implemented the first stages of 
the Basic Skills/Computer Education (BS/CE) program. Their 
success is often cited as the primary example of how 
technology--when implemented with the right focus--may have the 
potential to improve student academic achievement. A 1999 study 
commissioned by the Milken Exchange on Education Technology, 
entitled ``The West Virginia Story: Achievement gains from a 
statewide comprehensive instructional technology program'' 
found several positive aspects of the BS/CE initiative.
    In particular, ``the more students participated in BS/CE, 
the more their test scores rose on the Stanford 9.'' The report 
also found the ``BS/CE was more cost effective in improving 
student achievement than (1) class size reduction from 35 to 20 
students, (2) increasing instructional time, and (3) cross age 
tutoring programs.'' One of the main reasons cited for West 
Virginia's success was the program ``clearly articulated goals 
focused upon increased student achievement in reading, 
mathematics and composition.''
    The Tech-for-Success initiative under Title III draws from 
the success in states like West Virginia by ensuring the first 
and foremost focus of these funds is to implement technology 
for the purpose of improving student academic achievement. 
Specifically, states and local school districts receiving these 
funds must include in their plans a description of how funds 
will be used to improve student academic achievement.
    In addition, state and local funds may be used for 
developing and implementing enhanced performance measurement 
systems in order to determine the effectives of technology in 
improving student academic achievement. The Committee also 
recognizes the ability for schools to use these funds for 
projects that focus on core academic subjects along with 
components that may include practical applications of those 
subjects. The act also includes funds for the secretary to 
conduct a much needed independent, long-term study, utilizing 
scientifically based research methods and control groups, on 
the effectiveness of the uses of educational technology on 
improving student academic achievement. The Committee urges the 
Department to consult with appropriate agencies, such as the 
National Science Foundation, in conducting this evaluation.
    Taken together, these provisions represent a significant 
shift from current law in focusing far more on using technology 
to improve student academic achievement.

Expanding access

    It is also the purpose of the Tech-for-Success Act ``To 
encourage the establishment or expansion of initiatives, 
especially those involving public/private partnerships, 
designed to increase access to technology, particularly in high 
need local educational agencies.''
    The nationwide increase in access to technology has been 
significant. In 1994, just 35 percent of schools had Internet 
access, by 1999 this had risen to 95 percent. This high 
percentage held true even in schools where more than 70 percent 
of the children received free or reduced price school lunch. 
During this same period, the percentage of instructional rooms 
with Internet access increased from just three percent to 63 
percent. Additionally, the student-per-computer ratio dropped 
from 12 to just nine. However, in both of these indicators, 
schools in the highest poverty areas were far less likely to 
have computers in every room (just 39 percent) and the student-
per-computer remained relatively high at 16 to 1. (National 
Center for Education Statistics, ``Internet Access in U.S. 
Public Schools and Classrooms 1994-99,'' February 2000).
    These figures indicate that although there have been 
tremendous gains over the past several years in expanding 
technology, students in the poorest school districts are still 
lagging far behind.
    It is for this reason that under the Tech-for-Success 
program, states must send 95 percent of all funds locally, of 
which 80 percent must be distributed through a formula 
established by the state ``which shall target funds to high 
need local educational agencies.'' The term ``high need local 
educational agencies'' is defined in the legislation as an area 
in which a high percentage of families have income below 
poverty, or is identified by the state as having limited access 
to technology; a high ratio of students to computers within the 
school, or having a high proportion of teachers who are not 
computer proficient. As exemplified by the NCES report, these 
factors are often associated with those schools in very high 
poverty areas.
    This targeting of funds is a departure from the current 
practices under the two major Title III technology grant 
programs. A recent GAO study, (U.S. General Accounting Office, 
GAO/HEHS-00-55, Education Discretionary Grants: Awards Process 
Could Benefit from Additional Improvements, March 2000), 
reported that of 20 current grants under the Technology 
Innovation Challenge Grant program, none had been reported as 
being awarded to grantees with greater than 51 percent poverty 
(although the report notes that for seven of the grants, 
information could not be found). In addition, the Department of 
Education reported in it's recent program performance report, 
(U.S. Department of Education Volume II--Individual Programs: 
1999 Performance Reports and 2001 Plans, March 2000, 
Washington, D.C.), that only 27 states reported awarding 66 
percent or more of their FY 97 funds under the Technology 
Learning Challenge Fund (TLCF) to districts they designated as 
high-poverty. The Tech-for-Success initiative will ensure more 
funds get to the schools that are most in need of obtaining and 
using education technology.
    In addition to the requirement that Tech-for-Success funds 
be targeted to high-need areas, the legislation also includes 
several other important provisions aimed at expanding access to 
education technology. Specifically, states and localities must 
submit a plan in order to receive funds, which includes a 
description of how they will ``take steps to ensure that all 
students, particularly those residing in districts served by 
high need local educational agencies, will have increased 
access to education technology.''
    Also, the uses of funds authorized under this title allow 
states to establish or support ``joint public and private 
initiatives to provide interest-free or reduced loans for the 
acquisition of educational technology for both high need local 
educational agencies and students attending schools within such 
districts.''
    Also, at the state and local levels, funds may be used for 
``establishing or expanding access to technology in 
neighborhoods served by high need local educational agencies, 
with special emphasis for access provided through technology 
centers in partnership with libraries and with the support of 
the private sector.''
    At the local level, funds may be used for ``the 
establishment or expansion of initiatives, especially those 
involving public/private partnerships, designed to increase 
access to technology, particularly for high need local 
educational agencies.''
    The Committee stresses the need for these initiatives to 
focus on promoting public/private partnerships as a means of 
increasing access to technology in high need schools. Through 
such leveraging of federal dollars, far more students in high 
need areas will be served. There is ample evidence to support a 
growing desire of the business sector to participate in these 
initiatives.
    The Committee on Education and the Workforce House 
Subcommittee on Early Childhood, Youth and Families held a 
hearing on March 8, 2000 on ``The Role of Technology in 
America's Schools.'' Carlene M. Ellis, Vice President and 
Director, Worldwide Education Programs, Intel Corporation 
provided testimony describing their `Intel Teach to the Future 
Program' designed to specifically address the barriers teachers 
face in effectively applying computer technology to improve 
student learning.

          Over the next three years, our investment in cash, 
        equipment, curriculum development and program 
        management will train more than 400,000 classroom 
        teachers in 20 countries around the world. The program 
        is supported by Microsoft in the form of significant 
        software donations, and a number of computer 
        manufacturers offering donations and discounts to 
        participants in the program. We believe this is the 
        largest private industry effort to date--valued at 
        nearly half a billion dollars--to insure technology is 
        used successfully to improve student learning.

    These efforts are not limited to Intel and Microsoft. Other 
businesses large and small are also providing significant 
funding and support for education technology. The Tech-for-
Success program will provide a further impetus for the 
continuation of such initiatives designed to increase access to 
technology for all students--especially those in high need 
districts.

Professional development for teachers

    Another major focus of Tech-for-Success is ``To promote 
initiatives which provide school administrators and teachers 
with the capacity to effectively utilize technology in ways 
which integrate such technology with challenging state content 
and student performance standards, through such means as high 
quality professional development programs.''
    A recent report by the National Center for Education 
Statistics found that only 20 percent of all teachers feel 
`very well prepared' to integrate computer applications into 
classroom instruction. Oftentimes, this has led to significant 
expenditures by school districts for the purchase of technology 
that fails to be fully and effectively utilized to improve 
instruction and learning.
    The Committee believes that until this issue is addressed, 
further expenditures in technology are, by and large, 
misplaced. For this reason, under the Tech-for-Success program, 
local school districts are required to use at least 20 percent 
of their funds from this grant, to provide--

        sustained and intensive, high-quality professional 
        development, based on scientifically based research, in 
        the integration of advanced technologies (including 
        emerging technologies) into curriculum and in using 
        those technologies to create new learning environments. 
        * * * which effectively prepare students to meet 
        challenging state content and student performance 
        standards.

    A survey published in Education Week (Technology Counts 
'99, September 1999) found that while professional development 
in technology seems to have a positive impact on teachers, 
during the past year 58 percent of all teachers had no more 
than five hours of training in technology. This includes 27 
percent of teachers who received no technology skills training. 
The survey also found that 72 percent of teachers during the 
past year had no more than five hours of training on 
integrating technology into the curriculum.
    The Tech-for-Success Act will greatly expand not only the 
amount of professional development for teachers, but also the 
quality. In working on the House-passed Teacher Empowerment Act 
(TEA), H.R. 1995, the Committee found ample evidence to suggest 
that far too many funds for professional development are simply 
not benefiting teachers. This is due primarily to the short 
term and inconsistent nature of how this training is often 
delivered. As a result, both the TEA bill and the Tech-for-
Success provisions, require that professional development be 
sustained and intensive. Research, including the ongoing U.S. 
Department of Education's National Evaluation of the Eisenhower 
Professional Development Program, has found that programs with 
these characteristics have a far greater impact on the way in 
which teachers instruct.

Technology innovation

    The Tech-for-Success legislation also, ``Supports the 
development of electronic networks and other innovative 
methods, such as distance learning, to deliver challenging 
courses and curricula for students who would otherwise not have 
access to such courses and curricula, especially in isolated 
regions.''
    Such technology is especially beneficial to many small 
rural schools, which through the use of distance learning, may 
share teachers in subjects where there are shortages, such as 
math, science, foreign languages and advanced placement 
courses. These teachers currently have to travel long distances 
between schools to teach multiple classes or students are going 
without some of these courses.
    As changes in technology continue at a rapid pace, the 
possibilities for new applications to improving education will 
expand. For example, greater availability to broadband Internet 
connections, digital communications, and wireless networks, are 
just a few of the emerging technologies that will have a 
significant impact on how education is provided in this nation. 
This legislation does not attempt or intend to limit funds on 
today's technology, but instead, encourages the implementation 
and development of new and improved applications of this 
emerging technology in an effort to improve student academic 
achievement.

Parental involvement

    Another important purpose of Tech-for-Success is, ``To 
support local efforts for the use of technology to promote 
parent and family involvement in education and communication 
among parents, teachers and students.''
    The Committee notes that while student achievement is the 
primary focus of education technology, there are other 
important applications that can have a positive impact. The 
potential to greatly expand parental involvement is one example 
of such applications. Technology is being used by some schools 
to keep parents up to date on how their child is performing, 
what homework has been assigned, and provide an open link for 
parents to communicate with teachers. The Tech-for-Success Act 
specifically authorizes funds to be used for this purpose.

National activities

    Under the current Title III program, nearly 42 percent of 
funds are awarded through a grant process by the secretary as 
opposed to a formula to all states. Although some of these 
funds are being used for innovative projects, the Committee 
notes the recent expansion of secretary funded programs, such 
as the Preparing Tomorrow's Teachers to use Technology (PT3) 
program and the Community Technology Centers, which the 
Committee believes would be more suitable for funding at the 
state and local levels. Under Tech-for-Success, states and 
localities will have more funds in order to carry out such 
initiatives.
    Although Tech-for-Success limits the awarding of new grants 
such as PT3 and Technology Centers, the Committee recognizes 
that several multi-year grants have been awarded to states and 
local schools. Under this legislation, the secretary would be 
authorized to continue these grants throughout their original 
grant period. Funding for these grants would come from the $731 
million of consolidated funds, prior to five percent being held 
for national activities.
    In addition to funds made available for multiyear grants, 
the secretary is authorized to use up to five percent of funds 
from the Tech-for Success grant for other national activities. 
These activities include awarding competitive grants for 
education technology programs. A priority is given for those 
projects involving innovative models of delivering challenging 
distance-learning courses (such as advance placement courses) 
to schools where such courses would otherwise not be available. 
A second priority for these funds is for projects aimed at 
increasing access to technology in high need areas. In addition 
to funding these grants, the secretary is authorized to provide 
technical assistance to states and localities in order to 
achieve the purposes of the Tech-for-Success program. Funds 
from this section may also be used to update the existing 
national long-range educational technology plan. This section 
would also fund the previously mentioned national study on the 
use of technology to improve academic achievement.

Protecting students from harmful material on the Internet

    The Committee strongly believes that it would be 
irresponsible not to require blocking or filtering technology 
if a local educational agency or school chooses to use Title 
III funds for Internet access under the Education OPTIONS Act. 
The goal of this particular title is to provide technology to 
schools in order to improve student academic achievement, not 
to expose students to a virtual red light district of 
pornographic images and other harmful materials.
    Specifically, the act includes a provision requiring that 
those schools choosing to receive federal funds under Title III 
for Internet access have in place on computers accessible by 
minors technology to filter or block obscenity, child 
pornography, and material that is harmful to minors. This 
provision allows for flexibility regarding the type of 
technology used for filtering and blocking purposes, and 
provides local officials with the latitude to disable filtering 
or blocking technology for bona fide research and other lawful 
purposes. Schools that object to such an approach to protecting 
students do not have to accept these funds and may use other 
sources of funds for Internet needs.
    The courts, as well as the American public, have long 
recognized the government has a compelling interest in 
protecting children. Neither obscenity nor child pornography 
enjoys protection under the First Amendment. Child pornography 
is material that visually depicts sexual conduct by children 
below a specified age. Obscenity is commonly defined under the 
three-prong test of Miller v. California, 413 U.S. 15, 27 
(1973), which asks: (a) whether the ``average person applying 
contemporary community standards'' would find that work, taken 
as a whole, appeals to the prurient interest; (b) whether the 
work depicts or describes, in a patently offensive way, sexual 
conduct specifically defined by the applicable state law; and 
(c) whether the work, taken as a whole, lacks serious literary, 
artistic, political, or scientific value. ``Material harmful to 
minors'' is defined under the Education OPTIONS Act in the same 
manner as under the Child Online Protection Act (P.L. 105-277), 
which passed in the 105th Congress, and is consistent with 
Court decisions (i.e. Ginsberg v. New York, 390 U.S. 629 
(1968)).
    This legislation also makes it an allowable use of funds 
under Title III to purchase blocking or filtering technology. 
There is a wide variety of such technology available in the 
marketplace. Such technology is often updated regularly, allows 
users to block or unblock certain sites providing age-
appropriate flexibility, and is inexpensive. The cost of such 
technology ranges from 50 cents to three dollars per 
workstation per month and many school systems have already 
negotiated even lower payment rates.
    In sum, the Committee believes it would be negligent in its 
duties if it allowed federal taxpayer dollars to be spent on 
important classroom technology without taking reasonable steps 
to protect students from some of the most graphic and harmful 
material imaginable. Title III of the Education OPTIONS Act 
affords students such protection.

Part B--Ready-to-learn television

    The Ready-To-Learn Television program authorizes the 
secretary to award grants to or enter into contracts or 
cooperative agreements with nonprofit entities (including 
public telecommunications entities) to develop, produce, and 
distribute educational and instructional television programming 
and support materials for preschool and elementary school 
children and their parents. Dragon Tales and Between the Lions 
are two examples of Ready-To-Learn Television programs.
    The Committee has made several minor modifications to the 
Ready-To-Learn Television program. These modifications 
acknowledge and encourage a more aggressive approach to 
obtaining ancillary rights on the part of grantees in the hopes 
of further leveraging federal dollars and provide for the 
transition to digital programming. However, in making these 
changes, the Committee was careful to protect the program's 
original mission of developing high quality, educational 
television programming for preschool and elementary school 
children.

Part C--Telecommunications program

    The Telecommunications Demonstration Project for 
Mathematics authorized the secretary to make grants to a 
nonprofit telecommunications entity, or partnership for such 
entities, for the purpose of carrying out a national 
telecommunications-based program (i.e. PBS' MATHLINE) to 
improve the teaching of mathematics.
    Under H.R. 4141, the Telecommunications Demonstration 
Project for Mathematics is renamed the Telecommunications 
Program and the secretary is allowed, but not required, to 
award grants for the purpose of carrying out a national 
telecommunications-based program to improve the teaching of 
core academic subjects and/or for the purpose of developing, 
producing and distributing digital educational and 
instructional programming designed for use by elementary and 
secondary school students.
    With the advent of digital technology comes the ability to 
produce multi-dimensional, educational and instructional 
programming that can increase student academic achievement. The 
Committee adopted an amendment offered by Mr. Fletcher (R-KY) 
during the markup in the hopes of encouraging the development 
of such programming under the Telecommunications Program.
    Specifically, the Fletcher amendment allows the secretary 
to issue three-year competitive grants to local public 
television stations that enter into multi-year collaborative 
arrangements for digital content development with SEAs, LEAs, 
institutions of higher education, businesses, or other agencies 
or organizations. Eligible local public television stations 
must also contribute a 100 percent non-federal funding match.

                TITLE IV--INNOVATIVE EDUCATION PROGRAMS

    Innovative Education Program Strategies (Title VI under 
current law) is the only K-12 education block grant program 
contained within the Elementary and Secondary Education Act. It 
is the only formula program that allows recipients to use funds 
to benefit any and all student populations, in any and all 
schools.
    Title VI is the ``innovation money'' needed to help schools 
implement broad based accountability plans that are essential 
for education reform. Although there is broad support for this 
program throughout the education community, the administration 
zero-funds Innovative Education Program Strategies each year 
because they believe ``the program is not well designed to 
support the kinds of state and local efforts most likely to 
result in real improvements in teaching and learning.'' In 
fact, the Committee believes the administration's opposition to 
this program is centered upon the fact that it is designed to 
support local flexibility as opposed to the top-down, 
Washington centered approach that characterizes so many 
administration initiatives.
    There is ample evidence that contradicts claims made by the 
administration against this program. Pursuant to the 
requirements of the statute, the Title VI National Steering 
Committee conducted an evaluation of the effectiveness of Title 
VI for FY 1998. Forty-four states participated in the survey. 
The national compilation of survey data summarizes the impact 
of Title VI on over 19.1 million students in 5,247 public 
school districts and nearly 1.4 million students in private 
nonprofit schools. The survey, Title VI Evaluation of 
Effectiveness, National Summary, 1998, notes that public school 
districts, as well as private nonprofit schools, allocated the 
majority of their Title VI funds for library services and 
materials (including media materials). The second highest use 
of funds was for computer software and hardware for 
instructional use. The greatest benefit provided by the 
flexibility of Title VI at the local level is the ability to 
use funds to meet locally identified needs without the 
restrictions inherent in most other federal education programs.
    If Title VI funds were not available, according to the 
survey public school districts would not be able to purchase/
upgrade computer hardware and software and provide professional 
development; private nonprofit schools would not be able to 
upgrade library and media services and purchase/upgrade 
computer hardware and software; and state educational agencies 
would not be able to provide professional development to meet 
school district needs and to facilitate local school districts 
improvement/reform efforts. In stark contrast to claims made by 
the administration, the survey found that 82 percent of the 
districts that used Title VI funds to increase scores on norm-
referenced tests reported improved test scores. Seventy-nine 
percent of the districts that used Title VI funds to increase 
scores on criterion-referenced tests reported improved test 
scores. Finally, the survey noted that the major 
recommendations made by recipients of Title VI were to increase 
funding and continue the flexibility to meet local needs.
    In an effort to increase local control and flexibility of 
funds under the Innovative Education Program Strategies, H.R. 
4141 adds additional ``uses of funds'' to current law to 
broaden the scope of the program for local educational 
agencies.
    The bill provides for professional development activities 
and the hiring of teachers, including activities consistent 
with H.R. 1995, the Teacher Empowerment Act, that give 
teachers, principals, and administrators the knowledge and 
skills necessary to provide students with the opportunity to 
meet challenging state or local content standards and student 
performance standards. Local educational agencies will now have 
the flexibility to focus on initiatives they believe will 
improve both teacher quality and student performance, such as 
programs to promote tenure reform; teacher testing; merit-based 
teacher performance systems; alternative routes to teacher 
certification; differential and bonus pay for teachers in 
``high need'' subject areas; mentoring; and in-service teacher 
academies.

Single gender schools and classrooms

    H.R. 4141 provides for education reform projects that 
provide single gender schools and classrooms, as long as 
comparable educational opportunities are offered for students 
of both sexes. The Committee notes that use of the word 
``comparable'' does not violate the principles of Title IX or 
the Constitution. The word ``comparable'' is already used by 
the Department of Education in determining whether a single-sex 
school is permissible under Title IX [34 C.F.R. 
Sec. 106.35(b)]. Further, the word ``equal'' is not required by 
the recent Supreme Court opinion [U.S. v. Virginia, 518 U.S. 
515 (1996)] involving the Virginia Military Institute. The 
Supreme Court specifically found against Virginia because it 
failed to establish a ``comparable'' school for women. The 
Committee view on single gender education is supported by 
numerous entities in the education community including: the 
University of Southern California Law School; the National 
Coalition of Girls' Schools; the Orange County Department of 
Education; the National Association of Independent Schools; 
Denver Public Schools and Board of Education; and West Des 
Moines Community Schools.
    The Committee also recognizes the numerous benefits of 
single gender schools and classrooms. Research suggests that 
students enrolled in single gender programs have better 
attitudes about school, are more likely to participate in 
class, take more math and science classes, have higher 
attendance rates, and generally have a greater likelihood of 
educational success. Research also suggests that girls enrolled 
in single gender programs tend to have more confidence to 
express themselves in the classroom; pursue more courses and 
careers in math and science; and are generally more able to 
focus on academics than they would if in coed classrooms. 
Simply put, ``almost all of the research shows that girls 
benefit from single-sex schools which are providing an 
environment that is sensitive to the characteristics of female 
learning and social development.'' (``A Presentation of the 
Arguments For and Against Single-Sex Schooling, Zanders,'' 
1993) In addition, ``single-sex schools provide more * * * 
leadership opportunities, greater order and discipline, and 
fewer social distractions from academic matters * * * females 
also gain advantages because of significant reductions in 
gender bias in both teaching and peer interaction, and via 
access to the entire curriculum.'' (``Single Gender Schools: 
Outcomes for African and Hispanic Americans'', Riordan, 1994)
    Finally, the Committee acknowledges previous Congressional 
votes on single gender schools and classrooms. On April 21, 
1998, the Senate approved identical single gender language by a 
vote of 69 to 29 as part of H.R. 2646, the Education Savings 
and School Excellence Act of 1998 (this legislation was later 
vetoed by President Clinton). In addition, on August 1, 1994, 
the Senate voted 66 to 33 to approve an amendment to the 
Elementary and Secondary Education Act, offered by Senator 
Danforth (R-MO), to authorize the establishment of several 
single gender public schools. Unfortunately, the amendment did 
not survive the Conference.

Community service

    The Education OPTIONS Act provides for community service 
programs that train and mobilize young people to measurably 
strengthen their communities through nonviolence, 
responsibility, compassion, respect, and moral courage. The 
Committee recognizes the accomplishments of the Do Something 
organization in engaging students in community-building 
activities in urban, rural, and suburban school districts 
around the country. Do Something is a national nonprofit 
organization that inspires young people to believe that change 
is possible, and trains, funds, and mobilizes them to be 
leaders who measurably strengthen their communities. Through an 
ongoing national media campaign and an interactive, educational 
website, Do Something works with partners--including MTV, 
Blockbuster Entertainment, FOX Television Network, Channel One, 
Applied Materials, and MSN--to inspire and empower millions of 
young people to take action to measurably strengthen their 
communities. The Committee believes that the inclusion of 
increased community service opportunities within the Elementary 
and Secondary Education Act will help to strengthen schools and 
communities across the nation.

Youth entrepreneurship education

    H.R. 4141 provides for curriculum-based youth 
entrepreneurship education programs with demonstrated records 
of empowering disadvantaged youth with applied math, 
entrepreneurial, and other analytical skills. To be successful, 
it is the view of the Committee that curriculum-based youth 
entrepreneurship education programs should include organized 
academic materials that are sequentially based and which have 
been field-tested and based on sound educational practices. 
Additionally, such programs should have a demonstrated record 
of empowering disadvantaged youth with applied math and other 
analytical skills. There is growing evidence that innovative 
organizations and institutions working to instill 
entrepreneurial behavior through classroom and practical 
experiences and to expose young students to new career options 
are highly effective in teaching some youth. Through such 
programs, students learn the basic skills required by 
entrepreneurs and gain a greater understanding of the 
relationship between academic subjects and the business world.

Financial literacy education

    The Education OPTIONS Act provides for activities to 
promote consumer, economic, and personal finance education, 
such as disseminating and encouraging the best practices for 
teaching the basic principles of economics and promoting the 
concept of achieving financial literacy through the teaching of 
personal financial management skills, including the basic 
principles involved with earning, spending, saving, and 
investing. In addition, the bill provides for similar authority 
under Part A of Title V, the Fund for the Improvement of 
Education.
    In order to succeed in our dynamic American economy, young 
people must obtain the skills, knowledge, and experience 
necessary to manage their personal finances and obtain general 
financial literacy. Yet, despite the critical importance of 
financial literacy to young people, the average student who 
graduates from high school lacks basic skills in the management 
of personal financial affairs. A nationwide survey conducted in 
1997 by the Jump$tart Coalition for Personal Financial 
Literacy, examined the financial knowledge of 1,509 high school 
seniors. On average, survey respondents answered only!57 
percent of the questions correctly, and only five percent of 
the respondents received a `C' grade or better. A similar 
survey conducted in the spring of 2000 found financial skills 
declining among 12th graders, with an average of only 52 
percent of the questions answered correctly.
    As a result, many state educational leaders have recognized 
the importance of providing a basic financial education to 
students and have begun integrating financial education into 
state educational standards. On November 2, 1999, by a vote of 
411 to 3, the House overwhelmingly passed H. Con. Res. 213, 
encouraging the Secretary of Education to promote, and state 
and local educational agencies to incorporate in their 
education programs, financial literacy training.
    The Committee commends the efforts of the Jump$start 
Coalition in furthering personal financial literacy. The 
Jump$tart Coalition encourages schools and organizations 
serving youth to strengthen personal finance education and 
insure that personal financial management skills are attained 
during the K-12 educational experience. The Committee also 
recognizes Financial Literacy 2001, a state-by-state campaign 
to increase the average high school student's knowledge in the 
areas of personal finance and investment. Financial Literacy 
2001 provides high school teachers with a money management 
curriculum to use in their classrooms. These types of programs 
are excellent resources for promoting financial literacy.

Mental health services

    Title IV of H.R. 4141 provides for expanding and improving 
school-based mental health services, including early 
identification, assessment, and direct individual or group 
counseling services provided to students, parents, and school 
personnel by qualified school-based mental health services 
personnel. The Committee recognizes that LEAs may find that 
school-based mental health services are a necessary and 
appropriate component of improving student learning experiences 
and outcomes. The Committee intends that schools have the 
flexibility they need in creating innovative educational 
programs to address such situations as personal and social 
adjustment needs and emotional disturbances of students that 
prevent them from succeeding in the classroom.
    In addition to expanding and improving school-based mental 
health services, the Committee notes that local educational 
agencies may use funds for eating disorder prevention, 
awareness, treatment, and education programs. These types of 
programs can be an effective way to improve the education, 
health, and well being of students at-risk or suffering from 
eating disorders. An estimated five to ten million Americans 
suffer from eating-related disorders, including anorexia, 
bulimia, binge eating, and morbid obesity. In addition, 86 
percent of all eating disorder problems originate in the 
school-aged years, some starting as early as age eight. While 
the medical complications resulting from eating disorders are 
well known, an often-overlooked consequence of these problems 
are the negative impact they have on a child's educational 
advancement.

               TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE

Part A--Fund for the Improvement of Education

    The Fund for the Improvement of Education provides 
resources to conduct nationally significant activities to 
improve the quality of education and assists all students to 
meet challenging state content standards. Unfortunately, over 
the years, this program has been used in some cases as a fund 
for the Secretary of Education to dispense funds for what some 
characterize as ``pork'' projects that have been earmarked for 
specific purposes. Funding for this program has ballooned from 
$32.5 million in FY 1994 to $243.8 million in FY 2000. H.R. 
3194, the Consolidated Appropriations Act of 2000, earmarked 
over $200 million in unauthorized projects for this program. 
H.R. 4141 caps the authorization at $50 million annually to 
help prevent the funding of unauthorized projects earmarked as 
part of the Fund for the Improvement of Education and returns 
the program to its original purpose, a small funding source for 
the Secretary of Education to use for innovative education 
reform proposals.
            National testing
    The administration relied upon the broad, general grant 
authority in the Fund for the Improvement of Education for 
``developing and evaluating strategies for integrating 
instruction and assessment'' and authority for the 
``development and evaluation of model strategies for the 
assessment of student learning'' as its legal justification to 
create a Voluntary National Test in reading and mathematics. In 
response to the administration's attempts to implement a 
national testing initiative, Congress voted on several 
occasions to prohibit the creation of a national test.
    On September 16, 1997, the House voted 295-125 to prohibit 
national testing as a part of P.L. 105-78, the Labor, Health 
and Human Services and Education Appropriations Act of 1998. 
The Committee notes that 75 Democrats voted ``Yes'' to prohibit 
the creation of a national test during this vote. On February 
5, 1998, the House passed H.R. 2846, to prohibit spending 
federal education funds on national testing without explicit 
and specific legislation by a vote of 242-174. On April 22, 
1998, the Senate voted 52-47 to prohibit national testing as a 
part of an amendment offered by Senator Coverdell (R-GA) to 
H.R. 2646, the Education Savings and School Excellence Act of 
1998. Finally, P.L. 105-277, the Omnibus Appropriations Act of 
1999, stipulated that ``no funds provided to the Department of 
Education or to an applicable program, may be used to pilot 
test, field test, implement, administer or distribute in any 
way any federally sponsored national test in reading, 
mathematics, or any other subject that is not specifically and 
explicitly provided for in authorizing legislation enacted into 
law.''
    H.R. 4141 ensures that no federally sponsored national test 
is created without an explicit authorization. Specifically, the 
bill stipulates that no funds provided under the Fund for the 
Improvement of Education may be used ``to develop, pilot test, 
field test, implement, administer, or distribute any federally 
sponsored national test in reading, mathematics, or any other 
subject, unless specifically and explicitly authorized by 
law.'' Testing and standards play a valuable role in helping 
Americans understand how well children are learning; however, 
the Committee recognizes that the best tests and standards are 
those developed at the state and local levels. The Committee 
believes that this language makes it absolutely clear that a 
national test cannot be developed, tested, or implemented 
without a specific congressional authorization.
            Prohibition on Federal endorsement of elementary and 
                    secondary school curriculum
    The Committee notes that decisions about school curricula 
have been, and continue to be, local decisions. The federal 
government must take care not to have its heavy hand override 
state, local or parental choice in curricula, or use its 
influence or imprimatur to pressure state and local schools to 
implement national math standards. Accordingly, H.R. 4141 
ensures that no funds provided under the Fund for the 
Improvement of Education may be used to endorse, approve, or 
sanction any curriculum designed to be used in elementary or 
secondary schools. In addition, the bill prohibits the 
Department of Education from endorsing curricula under Part E 
of Title VI.
            Consolidated applications
    The Education OPTIONS Act consolidates and streamlines the 
applications process for the Fund for the Improvement of 
Education to ensure that the effectiveness of all funded 
projects can be fully examined. Specifically, an applicant for 
an award under the Fund for the Improvement of Education will 
be required to establish clear goals and objectives for its 
project; describe the activities it will carry out in order to 
meet the goals and objectives; evaluate the effectiveness of 
its project's activities in achieving the goals and objectives 
stated in its application; and report to the Secretary of 
Education such information as may be required, including 
evidence of its progress toward meeting the goals and 
objectives of its project. In addition, the Secretary shall 
provide for dissemination of evaluation results. Such 
information shall be made publicly available upon request, with 
public notice of such availability provided.
            Achievement gap performance rewards
    Under current law, federal dollars continue to flow to 
states the same way regardless of whether a state improves 
student academic achievement. H.R. 2300 (The Academic 
Achievement For All or Straight A's Act), passed by the House 
on October 21, 1999, creates incentives to improve student 
academic achievement by financially rewarding states that 
improve student academic achievement and narrow achievement 
gaps. No such reward program exists in current law for federal 
education funds. Under H.R. 2300, funds for the rewards would 
come from the Fund for the Improvement of Education. Rather 
than creating a new reward program, H.R. 2300 directs the 
secretary to set aside sufficient funds from the Fund for the 
Improvement of Education in advance in order to fully fund 
rewards under this provision at the end of the five-year 
performance agreements. H.R. 4141 adds language to the Fund for 
the Improvement of Education that specifically grants authority 
to the secretary to award performance grants, and specifically, 
according to the criteria for awards set forth in H.R. 2300.
    H.R. 4141 authorizes performance rewards for states that 
(1) make significant progress in eliminating achievement gaps 
by increasing the proportions of two or more groups of students 
under Sec. 1111(a)(3)(I) of the Elementary and Secondary 
Education Act of 1965 that meet state proficiency standards, 
and (2) have agreed to meet specific and numerical performance 
goals during the term of a performance agreement of at least 
five years in length.
            Elementary and Secondary School Counseling Program
    The Committee has done much to address the mental health 
needs of youth in Title II of H.R. 4141. While the Committee 
believes that the primary purpose of schools is to further 
student academic achievement, the Committee does recognize that 
some schools and communities may find it appropriate and 
necessary to provide mental health services to students.
    In addition to provisions in Title II to expand and improve 
school based mental health services, H.R. 4141 includes 
provisions supporting school based counseling services in Part 
A of Title V. H.R. 4141 streamlines the elementary and 
secondary school counseling program requirements to allow local 
educational agencies greater flexibility in creating and 
implementing programs and improves the ability of local 
educational agencies to implement demonstration projects. Under 
the Elementary and Secondary School Counseling Program's 
authority in the Fund for the Improvement of Education, the 
Secretary of Education is authorized to award grants to local 
educational agencies to establish or expand school counseling 
programs. Each program shall include teacher training by school 
counselors, school psychologists, and school social workers; 
shall involve parents of participating students in the design, 
implementation, and evaluation of the counseling program; and 
shall involve collaborative efforts with community groups, 
social service agencies, or other public or private entities to 
enhance the counseling.
            Character education
    With the growing concern for the safety of students and 
teachers in our schools, many have looked to character 
education in the schools as a solution. Making appropriate and 
good choices in life relies upon a strong character, yet some 
children do not get much guidance or support for character 
development. When and if schools step in to help students 
develop strong character, the appropriate role of the federal 
government in such education becomes a key concern. To gain 
insight on this issue, the Subcommittee on Early Childhood, 
Youth and Families held a hearing on ``Building a Nation of 
Citizens--The Role of Character Education in America's 
Schools'' on March 1, 2000.
    As a result of issues discussed at the hearing and input 
from various organizations in the character education 
community, the Education OPTIONS Act streamlines the Character 
Education Program to allow local educational agencies greater 
flexibility in creating and implementing programs. Under the 
Character Education Program in the Fund for the Improvement of 
Education, H.R. 4141 removes the limit of ten character 
education grants per year and the maximum award of $1 million 
to states, and instead authorizes the Secretary of Education to 
make up to five-year grants to states, local educational 
agencies, or a consortia of educational agencies for the design 
and implementation of character education programs.
    Allowing local educational agencies and consortia of 
educational agencies to apply for funds will increase the 
flexibility to fund programs in school districts where states 
have not submitted applications for funding. In addition, H.R. 
4141 defines the elements of character that shall be 
incorporated into character education programs including: 
Honesty, Citizenship, Courage, Justice, Respect, Personal 
Responsibility, Trustworthiness, and any other elements deemed 
appropriate by each state, local educational agency, or 
consortia of such educational agencies receiving funds under 
this program.
            Smaller learning communities within high schools
    According to the Conference Report on H.R. 3194, the FY 
2000 Consolidated Appropriations Act, there is a strong body of 
research that documents the benefits of smaller high schools. 
These benefits include greater student academic achievement, 
less crime and violence, fewer disciplinary problems, less 
alcohol and tobacco use, better student attendance, fewer 
dropouts, more satisfied students, and greater student 
participation in school activities. The Committee acknowledges 
that school districts should be encouraged to undertake 
research-based strategies to create smaller learning 
communities within large high schools.
    H.R. 4141 streamlines the Smaller Learning Communities 
Program to encourage the development and implementation of 
activities in high schools through which students receive more 
individualized attention and support. Under the Smaller 
Learning Communities Program in the Fund for the Improvement of 
Education, funds may be used to (1) create smaller learning 
communities in high schools where students receive individual 
attention and support, with a goal of not more than 600 
students in each learning community; (2) develop and implement 
scientifically based research strategies to create smaller 
learning communities within large high schools including 
learning clusters, `houses' (under this model, students across 
grades are assigned to groups of a few hundred each within a 
high school, each `house' has its own discipline policies, 
student activity program, student government, and social 
activities), magnet schools or other approaches to creating 
schools within schools; block scheduling; personal adult 
advocates; teacher-advisory systems and other mentoring 
strategies; reduced teaching loads; and other innovations 
designed to create a more personalized high school experience 
for students and improve student achievement; and (3) 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 for high schools.
            Mathematics and science professional development study
    The Education OPTIONS Act authorizes an independent study, 
conducted in consultation with appropriate agencies, that will 
provide a multi-level coordinated implementation strategy, 
based on scientifically based research, for effective 
professional development activities for mathematics and science 
teachers. The Committee encourages the Department of Education 
to consult with appropriate agencies, including the National 
Science Foundation, when conducting this study.
            Repeals
    The Committee amendment repeals the Promoting Scholar 
Athlete Competitions; National Student and Parent Mock 
Election; and the Model Projects programs from the Fund for the 
Improvement of Education. These repeals will help to streamline 
funding for the Fund for the Improvement of Education and are 
consistent with the administration's Educational Excellence for 
All Children Act of 1999.

Part B--Arts Education

    The Arts Education program supports student competency in 
the arts by encouraging the integration of arts education into 
elementary and secondary school curricula. In its 
deliberations, the Committee has focused on increasing the 
involvement of local arts educators and state and local arts 
organizations, and on targeting resources to the programs that 
are providing results. Title V of the Education OPTIONS Act 
updates and improves the program in a number of ways.
    The Committee bill continues the Arts Education program at 
its current funding level. It updates the congressional 
findings with respect to arts education. In addition, H.R. 4141 
eliminates a number of outdated references to ``Goals 2000,'' 
``National Education Goals,'' and ``national efforts,'' and 
instead focuses the program on improving school-based programs 
using state standards.
            Encouraging local participation and increasing local 
                    control
    The Committee bill maintains the current list of eligible 
entities, and retains most of the current allowable uses of 
funds. However, consistent with the Committee's philosophy of 
increasing local involvement and local control, the focus of 
collaborative activities allowed under the act has been shifted 
away from specific federal agencies and specifically named 
organizations, to arts educators and arts organizations 
including state and local arts agencies. In addition, H.R. 4141 
eliminates a restrictive special rule which has had the effect 
of limiting involvement by individuals and local organizations, 
and replaces it with a requirement that the secretary consult 
with arts educators (including professional arts education 
associations), and organizations representing state and local 
arts agencies involved in arts education when making grants.
    In taking these actions, the Committee highlights the 
importance of consultation with the individuals and entities 
that have the primary responsibility and accountability for 
delivering a quality education in the arts. The Committee notes 
that there are currently four professional associations 
representing arts educators: MENC: the National Association for 
Music Education; the National Art Education Association; the 
American Alliance for Theater Education; and the National Dance 
Education Organization. The Committee believes that the 
secretary, grant recipients, and ultimately America's children 
will benefit from this consultative process.
            Simplification and flexibility
    The Committee bill also accepts two proposals put forth by 
the administration. First, H.R. 4141 eliminates an outdated 
funding threshold that requires in any year that appropriations 
for the Arts Education program are below $9 million, all 
appropriated funds are to be spent on programs operated by the 
Kennedy Center and VSA arts. In taking this action, it is not 
the intent of the Committee to increase or reduce federal 
funding to any specific entity. Rather, the Committee's goal is 
to simplify the act and increase flexibility by eliminating a 
provision that is no longer necessary or even in effect. The 
Committee notes that funding for Arts Education has exceeded 
the $9 million threshold in each of the three prior fiscal 
years. During that same time, combined funding under the 
program for the Kennedy Center and VSA arts has also grown 
beyond the $9 million threshold, to its current level of $10.5 
million.
    The second proposal put forth by the administration and 
accepted by the Committee is the elimination of a separate 
authorization for the Cultural Partnerships for At-Risk 
Children and Youth program. This program was created as a 
separate subpart 2 during the last reauthorization of the ESEA, 
but has never been funded. This action is consistent with the 
Committee's philosophy of targeting resources to the programs 
that are providing the best results, as well as with its 
responsibility to set priorities for the Appropriations 
Committee.
            Leveraging funds
    Finally, the Committee bill includes a new provision 
stating that funds provided under this program must be used to 
supplement and not to supplant non-federal funds used for arts 
education programs. This provision was added after consultation 
with arts educators who expressed concern that a few providers 
might reduce their own efforts if or when federal funding 
became available. It is the intent of the Committee that 
initiatives provided for under this program should complement 
the ongoing efforts of schools and school districts across the 
country.

Part C--Public charter schools

            Background
    Charter schools are public schools established under state 
law that come into existence through a contract with either a 
state agency or a local school board. The charter establishes 
the framework within which the school operates and provides 
public support for the school for a specified period of time. 
The school's charter gives the school autonomy over its 
operation and frees the school from regulations that other 
public schools must follow. In exchange for their autonomy, 
charter schools are held accountable for meeting the terms of 
their charters including improving student academic 
performance.
    Under the Public Charter Schools program, federal charter 
school dollars are provided only to those states that have a 
state charter statute. Currently, 36 states, the District of 
Columbia and the Commonwealth of Puerto Rico have passed laws 
authorizing charter schools. Since not all states have charter 
schools, the Public Charter Schools program is a discretionary 
grant program not a formula program. Grants are awarded on a 
competitive basis and the length of the grant is for three 
years.
            Provisions in H.R. 4141
    Since the 105th Congress passed the Charter Schools 
Expansion Act of 1998 (P.L. 105-278), which authorizes the 
Public Charter Schools program through FY 2004, the Committee 
believes that only two legislative modifications are in order. 
The first provision clarifies that the definition of a charter 
school is, among other things, a public school that admits 
students on the basis of a lottery or in another non-
discriminatory manner consistent with state law, if more 
students apply for admission than can be accommodated. The 
second provision authorizes $145 million for the program in FY 
2000 and extends the authorization through FY 2005.
    However, the Committee also believes that it is important 
to reiterate its position on subgrant administrative expenses. 
Under current law (Part C of Title X of ESEA, Sec. 10304 [20 
U.S.C. 8064] (f)(4)), ``Each state educational agency receiving 
a grant pursuant to this part may reserve not more than five 
percent of such grant funds for administrative expenses 
associated with the charter school grant program assisted under 
this part.''
    In other words, state educational agencies (SEAs) are 
allowed to reserve up to five percent of the grants they 
receive for the cost of administering subgrants. Depending on 
each state's charter law, subgrants may flow through local 
educational agencies (LEAs) before reaching the charter 
schools. It has come to the Committee's attention that in 
Colorado and several other states, LEAs are deducting an 
additional administrative charge from the subgrants. It was not 
the intent of the original authorizing legislation that any 
administrative expense be deducted from subgrants beyond the 
five percent allowed by SEAs. The Committee strongly encourages 
that this intent be communicated to state and local educational 
agencies by the Department and appropriately monitored to 
ensure that all schools receive 100 percent of the subgrants 
that SEAs award.

Part D--Civic education

    The 28th Annual Phi Delta Kappa/Gallup Poll in 1996 found 
that American citizens believe that the nation's schools, apart 
from providing a basic education, have a very important role to 
play in preparing students to be responsible citizens. The 1998 
National Assessment of Educational Progress found that students 
have only superficial knowledge of, and lacked a depth of 
understanding regarding, civics. In addition, more than three 
quarters of Americans surveyed by the National Constitution 
Center in 1997, admitted that they knew only some or very 
little about the Constitution of the United States.
    To address these shortcomings, the Committee amendment 
incorporates parts of H.R. 3195, the Education for Democracy 
Act introduced by Mr. Kildee (D-MI) and Mr. Castle (R-DE). The 
purpose of H.R. 3195 is to improve the quality of civics and 
government education by educating students about the history 
and principles of the Constitution of the United States, and to 
foster civic competence and responsibility. Part D of Title V 
of H.R. 4141 supports the Center for Civic Education and its 
education program that encourages instruction on the principles 
of our Constitutional democracy; the history of the 
Constitution and the Bill of Rights; congressional hearings 
simulations; and annual competitions of simulated congressional 
hearings for secondary school students. In addition, the bill 
provides for advanced training of teachers about the 
Constitution of the United States and the political system the 
United States created; and civic education materials and 
services to address specific problems such as the prevention of 
school violence and the abuse of drugs and alcohol.

Part E--Ellender Fellowship Program (Close Up Foundation)

    An amendment offered by Mr. Roemer (D-IN) and Mr. Barrett 
(R-NE) was adopted by the Committee to restore the Allen J. 
Ellender Fellowship Program. This program, administered by the 
private, non-profit Close Up Foundation, provides financial aid 
to enable low-income students, their teachers, senior citizens, 
recent immigrants, and children of migrant parents to come to 
Washington, D.C. to study the operations of the three branches 
of government. Activities include attending seminars on 
government and current events, and meeting with government 
leaders. H.R. 4141 authorizes $4.4 million for FY 2001 and such 
sums as may be necessary for the next four succeeding fiscal 
years for this program.
    The Close Up Foundation is the nation's largest nonprofit 
(501(c)(3)), nonpartisan citizenship education organization. 
Since its founding in 1970, Close Up has worked to promote 
responsible and informed participation in the democratic 
process through a variety of educational programs. Close Up's 
mission is built on the belief that textbooks and lectures 
alone are not enough to help students understand the democratic 
process and make it work. Students need a ``close up'' 
experience in government. Close Up's national, state, and local 
experiential government studies programs strengthen 
participants' knowledge of how the political process works, 
increases their awareness of major national and international 
issues, and motivates them to become actively involved in the 
world around them. Each year, more than 25,000 students, 
teachers, and other adults take part in Close Up's programs in 
Washington, D.C. Since the inception of its Washington-based 
programs in 1971, the Close Up Foundation has welcomed more 
than 500,000 students, educators, and other adults to the 
nation's capital.

                      TITLE VI--GENERAL PROVISIONS

In general

    Title XIV of the Elementary and Secondary Education Act 
contains general provisions that affect all federal K-12 
education programs. Changes to Title XIV have been included in 
Title VI of H.R. 4141, the Education OPTIONS Act. The general 
provisions are divided into several parts: Part A--Definitions; 
Part B--Flexibility in the Use of Administrative and Other 
Funds; Part C--Coordination of Programs and Consolidated State 
and Local Plans and Applications; Part D--Waivers; Part E--
Uniform Provisions; and Part F--Sense of the Congress. Repeals 
are included in section 602 and the effective date is in 
section 603.

Part A--Definitions

    The Committee has added two new definitions to the list of 
defined terms for the Elementary and Secondary Education Act 
programs. Most of the remaining definitions from current law 
remain substantially unchanged. The two new terms are ``family 
literacy services'' and ``scientifically based research.''
    The ``family literacy services'' definition is identical to 
the definition that was included in the Reading Excellence Act 
(Title VIII of P.L. 105-277) in 1998. This definition will also 
be the definition used for purposes of the Even Start Family 
Literacy program that is being reauthorized in a separate bill, 
H.R. 3222, the Literacy Involves Families Together Act (LIFT). 
``Family literacy services'' are those services provided to a 
participant that are of sufficient intensity and duration to 
make sustainable changes in a family, and that integrate all of 
the following activities: (1) interactive literacy activities 
between parents and their children; (2) training for parents 
regarding how to be the primary teacher for their children and 
full partners in the education of their children; (3) parent 
literacy training that leads to economic self-sufficiency; and 
(4) an age-appropriate education to prepare children for 
success in school and life experiences.
    The ``scientifically based research'' definition is 
consistent with the definition included in the Reading 
Excellence Act (Title VIII of P.L. 105-277), the House-passed 
Teacher Empowerment Act (H.R. 1995) and the House-passed 
Student Results Act (H.R. 2). The Committee strongly believes 
that all Elementary and Secondary Education Act programs should 
be based upon scientifically based research. This means 
research that employs systematic, empirical methods that draw 
upon observation or experiment; involves rigorous data analyses 
that are adequate to test the stated hypotheses and justify the 
general conclusions drawn; relies upon measurements or 
observational methods that provide valid data across evaluators 
and observers and across multiple measurements and 
observations; and has been accepted by a peer-reviewed journal 
or approved by a panel of independent experts through a 
comparably rigorous, objective, and scientific review. In 
addition, during Committee consideration of the Education 
OPTIONS Act, an amendment was offered by Mr. Schaffer (R-CO) to 
further include language requiring such research to be 
evaluated using randomized experiments in which individuals, 
entities, programs or activities are randomly assigned to 
different variations (including a control condition) to compare 
the relative effects of the variations. The amendment was 
accepted by voice vote.

Part B--Flexibility in the use of administrative and other funds

    Under current law section 14201, a state may consolidate 
its administrative funds from Title I of the Elementary and 
Secondary Education Act (ESEA), the Eisenhower professional 
development program, the technology programs, the safe and drug 
free schools program, the innovative education program 
strategies grants, and Goals 2000 and apply the consolidated 
funds to the state's costs of administering this group of 
programs, rather than applying each funding source only to the 
administrative costs for that one program.
    According to a study prepared for the Department of 
Education and entitled Living in Interesting Times: Early State 
Implementation of New Federal Education Laws, only nine states 
have completely consolidated their administrative funds, and 
many state administrators appear to be confused as to what 
extent, if at all, administrative funds have been consolidated 
in their states. However, for states that have consolidated 
administrative funds, they have found the experience to be a 
positive one. Consolidation has eliminated the requirement of 
tracking time and effort of personnel assigned to individual 
federal education programs. Collaboration across federal 
education programs has also increased. In many cases, 
consolidated administrative funds have made it easier for 
states to fund salaries, fringe benefits, and training and 
conference expenses.
    While the provision in current law is a positive one, the 
Committee finds no sound reason why the authority to combine 
administrative funds at the state level should not be extended 
to all ESEA programs. H.R. 4141 would extend such authority to 
all ESEA programs for which funds are authorized to be used for 
administration at the state level.
    Similarly, current law section 14203 allows for 
consolidation of funds for local administration for certain 
ESEA programs. As with state administrative funds, the 
Committee has included language allowing all ESEA 
administrative funds at the local level to be combined. A 
General Accounting Office report \2\ found the current law 
provision, in practice, to be frequently unavailable and seldom 
used by school districts. In GAO's survey of state educational 
agencies, about one third reported that they did not allow 
local school districts to combine administrative funds. It is 
the Committee's understanding that in some states, a barrier to 
the use of this option is the state or state educational 
agency's failure to establish an additional fiscal account line 
for managing these combined funds. This is largely an 
implementation problem. Accordingly, the Committee would 
strongly encourage states to take all necessary steps, 
including the modification of accounting procedures, to make 
this option available to local school districts.
---------------------------------------------------------------------------
    \2\ GAO/HEHS-98-232 Federal Requirements and School districts, 
Recent Flexibility Initiatives Are Generally Not Structured to Address 
the Major Implementation Issues Affecting School Districts, p.55.
---------------------------------------------------------------------------

Part C--Coordination of programs; consolidated state and local plans 
        and applications

    In general, to receive funding for most federal education 
programs, states and school districts must submit plans or 
applications to either the state or federal government. These 
plans or applications typically tell how the funds will be 
used, certify that federal procedures will be followed, and 
provide assurances that the funds will be spent in accordance 
with the purpose or purposes of the program.
    Section 14302 of the general provisions gives states the 
option of consolidating state plans or applications that they 
submit to the United States Department of Education for 
specified ESEA education programs. This means that a state may 
submit one plan that covers two or more of the specified 
programs. In similar fashion, section 14305 gives school 
districts the option of consolidating local plans or 
applications that they submit to the state. As with the 
provisions on consolidated administrative funds, the Committee 
has expanded the provisions of current law to allow all ESEA 
programs to be included in a single state or school district 
plan. Consolidated plans eliminate bureaucratic paperwork 
requirements, promote greater coordination between programs, 
and in general, give states and localities the flexibility they 
need to better administer federal education resources. As with 
consolidation of administrative funds, states that have used 
consolidated plans have found the benefits to be quite 
positive. In Virginia, for example, the use of a single 
consolidated plan has allowed funding for cross program 
planning, eliminated the need to track personnel time and 
effort in individual programs, and eliminated the need to 
develop separate program plans.
    It is the view of the Committee that all states must allow 
all local educational agencies to submit consolidated plans, as 
the statute requires this in under section 14305. On February 
16, 1999, Carlotta Joyner of the General Accounting Office 
(GAO) sent Secretary Riley a memo concerning several states 
that may not have been implementing these flexibility 
provisions. GAO reported in its memo that in a survey of 50 
state educational agencies, ten states reported that they 
require school districts to submit separate plans for at least 
one of the programs covered under the law, in order to receive 
federal program dollars. Under ESEA, though, states may require 
school districts to submit consolidated plans, but they cannot 
require them to submit separate plans for each of these covered 
programs. As a result, school districts in these states are not 
able to take advantage of the reductions in paperwork 
requirements that have been available under current law for 
more than five years. Consequently, in an effort to address 
this problem, H.R. 4141 clearly states in section 14305 that 
states cannot require local educational agencies to submit 
separate plans for each federal program.
    Part C of the general provisions also includes a new 
provision on consolidated reporting, yet another provision to 
eliminate unnecessary paperwork requirements and reporting 
burdens. Section 14303 gives the secretary authority to 
establish procedures for allowing states to submit consolidated 
annual reports on ESEA programs. This single report, already 
under development at the Department, will take the place of 
separate individual annual reports the states are required to 
submit to the Department of Education. The Committee also 
encourages the Department to implement electronic consolidated 
reporting to further reduce paperwork. In addition, to the 
extent possible, states should be granted the flexibility to 
submit state annual reports and other data that meet federal 
reporting requirements so that they do not have to repackage 
data that otherwise meets those requirements.

Part D--Waivers

    The general authority of the Secretary of Education to 
waive statutory and regulatory requirements of federal K-12 
education programs is found in Part D, section 14401, of the 
Elementary and Secondary Education Act. The basic concept 
behind waiver authority is that states and school districts may 
have a better way of implementing federal education programs 
and this authority enables them to do so. For too many years, 
the federal government has had a top-down, one-size-fits-all 
approach to education that has proven itself flawed. In 
recognition of this fact, Congress has begun to provide more 
flexibility to states and school districts via the waiver 
process. Generally, the Title XIV waiver authority allows the 
secretary to consider requests from states and school districts 
for waivers of any statutory or regulatory requirement with 
several exceptions. The Committee has continued the waiver 
authority and made minor conforming changes so that the 
secretary's waiver authority is generally consistent with the 
waiver authority granted to states under the Education 
Flexibility Partnership Act (P.L. 106-25).
    Under current law, the secretary may not waive statutory or 
regulatory requirements relating to the following: (1) 
allocation or distribution of funds to state educational 
agencies, local educational agencies, or other recipients of 
ESEA funds; (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) 
charter school requirements; (9) prohibitions regarding state 
aid and the use of funds for religious worship or instruction. 
In Section 14513 the Committee has added to the list of things 
that cannot be waived. The prohibitions that are included are: 
prohibition on funds being used to develop or distribute 
materials or operate programs or courses of instruction 
directed at youth that are designed to encourage sexual 
activity, whether homosexual or heterosexual; prohibition on 
funds being used to distribute or to aid in the distribution by 
any organization of legally obscene materials to minors on 
school grounds; prohibition on funds being used to provide sex 
education or HIV prevention education in schools unless such 
instruction is age appropriate and emphasizes the health 
benefits of abstinence; and prohibition on funds being used to 
operate a program of contraceptive distribution in schools.

Part E--Uniform provisions

    Part E includes what is commonly referred to as the 
``uniform provisions.'' These provisions include maintenance of 
effort, the participation by private school students and 
teachers in ESEA programs, prohibitions against funds being 
used for religious worship or instruction, rules of 
construction relating to home schools, school prayer 
provisions, prohibitions against federal control of curriculum, 
prohibitions relating to sex education and contraceptive 
distribution, and other matters.
    The Committee has made several significant changes to 
current law. First, the Committee has included language on 
private school consultations with school district officials 
that is parallel to the language reauthorizing Title I of ESEA 
that was included in the House-passed Student Results Act (H.R. 
2). In general, school districts are required to consult with 
private school officials when arranging for the provision of 
equitable services under ESEA programs to private school 
students and staff. However, Catholic school officials have 
informed the Committee that in some areas of the country, 
public school districts provide little or no consultation with 
private officials. Where consultation does occur, it can hardly 
be considered meaningful.
    To help address these concerns, H.R. 4141 requires public 
school districts to consult with private school officials not 
only on how and where the services will be provided, as under 
current law, but also on the selection of the contractor that 
provides the services, in situations where contractors are 
utilized. In addition, the public school district must tell how 
the services will be assessed, and how the results of that 
assessment will be used to improve the services to private 
school children. The consultations must involve not only 
meetings prior to the public school district making a decision 
on the services, but also throughout the implementation and 
assessment of the services. Such measures will help ensure that 
high quality services are provided to private school children.
    Second, the Committee has included new language on school 
prayer. Current law states that any state or school district 
that has been found by a federal court to have willfully 
violated a court order with respect to school prayer is 
ineligible to receive ESEA funds. Sadly, this law is 
unnecessarily hostile to the right to pray and erects several 
hurdles in the paths of students who wish to exercise their 
right to pray at school. First, current law requires one to 
have first gone to federal court and previously obtained an 
order against a school district or state. Second, one must 
additionally prove in court that a state or school district has 
willfully violated the order, before the state or school 
district would be subject to losing education funds. This 
framework is flawed. It does nothing to provide for prompt 
enforcement of a student's rights. Rather it provides a remedy 
only after a student has been compelled to go to court two 
times--once to get an initial court order and the second time 
to show there has been a violation of the court order. This 
puts an onerous burden upon students who are simply trying to 
exercise a basic constitutional right.
    The Committee has replaced current law with a simple 
provision that denies ESEA funds to states or school districts 
that have policies which deny or prevent participation in 
constitutionally protected prayer in schools on a voluntary 
basis. The language included in section 14510 of H.R. 4141 is 
the same language that Rep. Sam Johnson (R-TX) authored in 1994 
that passed the House 345-64. The Senate passed substantially 
the same language in 1994 but it was dropped from the final 
conference report and replaced with what is now in current law.
    Third, the Committee has added new language in section 
14511 regarding religious memorial services and religious 
memorials located on school campuses. The language was prompted 
by the circumstances surrounding the courageous actions of 
Cassie Bernall at Columbine High School in Littleton, Colorado. 
The Committee bill states that Congress does not find religious 
services or religious memorials that are located on campus to 
honor others that may have been slain on campus to be 
objectionable. This statement sends a clear signal that Members 
of Congress believe schools and communities should be free to 
honor their classmates through a religious service or memorial 
erected on campus. Too often, there are people and 
organizations that would seek to prevent parents and students 
from seeking the comfort of their Creator on public property 
and in public settings. Efforts by such organizations are 
puzzling, given the many references to religion in our 
government and public life. We have chaplains in the Armed 
Forces; chapels located on the grounds of our military service 
academies; House and Senate chaplains who open our legislative 
sessions in prayer and who pray and counsel with Members of 
Congress; the words ``In God We Trust'' appears on coins and 
paper money; religious organizations participate in charitable 
choice; and many other examples. Even our nation's laws dealing 
with crimes against persons (murder and robbery) and property 
(theft) are rooted in scripture. The very modest provision 
included in H.R. 4141 is substantially similar to language that 
passed the House in June 1999 by a vote of 300-127 as a part of 
the juvenile justice legislation (H.R. 1501).
    Fourth, the Committee has added new language in section 
14512 which permits school districts, if they wish, to use up 
to 20 percent of administrative funds from ESEA programs for 
payment of attorneys fees and related legal services in the 
defense of any legal action where the claim is that a school or 
its agent violated the constitutional prohibition against the 
establishment of religion by permitting, facilitating, or 
accommodating a student's religious expression or by 
permitting, facilitating or accommodating religious memorials 
on campus. Too often, lawsuits or threats of lawsuits against a 
school district can have a chilling effect upon a district's 
willingness to accommodate a student's religious expression. 
This language will ensure that the school district could access 
a portion of their administrative funds when they extend 
themselves to accommodate a student's religious expression.
    Fifth, the Committee has added new language in section 
14515 which ensures that regulations are promulgated by the 
secretary only to the extent that such regulations are 
necessary to ensure compliance with specific requirements and 
assurances required under the Elementary and Secondary 
Education Act. This provision is consistent with language that 
has been included separately in individual education programs 
in recent years. It is included here to cover all elementary 
and secondary programs.
    Sixth, the Committee has added new language in section 
14518 prohibiting the endorsement, approval or sanctioning of 
any curriculum by the Department of Education. The Educational 
Research, Development, Dissemination, and Improvement Act of 
1994 (P.L. 103-227) directs the Assistant Secretary of 
Education for the Office of Educational Research and 
Improvement to establish ``panels of appropriate qualified 
experts and practitioners to evaluate educational programs * * 
* and recommend to the secretary programs that should be 
designated as exemplary or promising educational programs.''
    Within the past several months, the Secretary of Education 
identified as ``exemplary'' and ``promising'' several highly 
questionable math programs that had been supported by the 
National Science Foundation. These programs have been commonly 
referred to as ``fuzzy math'' because they adhered to a 
philosophy of math that minimized essential computational 
skills, were not based on sound scientific research, and 
promoted lower levels of proficiency in mathematics. In fact, 
over 200 math and science scholars from across the nation sent 
a letter to the Secretary of Education pointing out the flaws 
of the curricula, and asked the Department to rescind the 
endorsements. The endorsements were not rescinded.
    The continuing ability of the Department of Education to be 
able to endorse curricula is misguided, and accordingly, the 
Committee has included a prohibition on any further 
endorsements by the Department. This provision effectively 
supersedes the current authority provided for these panels of 
experts to make recommendations on exemplary programs in the 
Educational Research, Development, Dissemination, and 
Improvement Act of 1994.
    Decisions about school curricula have been and continue to 
be local decisions. The federal government must take care not 
to have its heavy hand override state, local or parental choice 
in curricula, or use its influence or imprimatur to pressure 
state and local schools to implement national math standards.
    Seventh, the Committee has continued the prohibitions 
included in section 14511 of current law. These prohibitions 
have been moved to section 14513 of H.R. 4141. Section 14513 
prohibits ESEA funds from being used to: (1) distribute obscene 
materials on school grounds; (2) fund courses or the 
development or distribution of materials that are designed to 
promote or encourage sexual activities; (3) operate a program 
of contraceptive distribution at schools; and (4) fund sex 
education in schools unless such program is age appropriate and 
emphasizes abstinence.
    Eighth, during Committee consideration of H.R. 4141, Rep. 
George Miller (D-CA) offered an amendment which states that no 
state educational agency or school district that receives ESEA 
funds may enter into third party agreements that allow persons 
or entities to monitor, gather or obtain information used to 
advertise, sell or develop a product from any student under 18 
years of age unless such agreements require the written 
permission of the parent of such student prior to monitoring, 
gathering or obtaining such information. Exceptions to the 
requirement are: (1) recruitment activities by higher education 
institutions; (2) development and administration of tests and 
assessments; (3) development and administration of curriculum 
and instructional materials; and (4) contact information 
collected from a student that is used only to respond directly 
to a specific request from the student for a transaction. The 
amendment was approved by a vote of 26-20.
    Finally, the Committee wishes to make clear that for 
purposes of section 14509 relating to protections against 
federal control over private and home schools, the phrase ``any 
other act administered by the Department'' is not intended to 
include civil rights statutes that prohibit discrimination 
against individuals such as Title VI of the Civil Rights Act of 
1964.

Part F--Sense of the Congress on reducing the reading deficit; Sense of 
        the Congress on science assessments

    The Committee has included in section 14614 a Sense of the 
Congress statement on reducing the reading deficit. The 
Committee recognizes the significant challenges we face, as a 
nation, in overcoming the reading deficit, and is particularly 
concerned about estimates of as many as two million students 
being placed in special education simply because they cannot 
read. Additionally, across the nation 50 million adults are 
unable to read. Sixty-nine percent of 4th graders are reading 
below the proficient level. Proficient is the level identified 
by the National Assessment Governing Board as the reading level 
that all students in our nation should reach. Fourth grade 
students performing at the proficient level should be able to 
demonstrate an overall understanding of the text, providing 
inferential as well as literal information. When reading text 
appropriate to fourth grade, they should be able to extend the 
ideas in the text by making inferences, drawing conclusions, 
and making connections to their own experiences. The connection 
between the text and what the student infers should be clear.
    It is clear that the reduction in the reading deficit is 
one of the most significant challenges that the nation must 
address. The Committee has found that by applying the findings 
of scientifically based research to classroom instruction in 
reading, the number of students who cannot read can be 
dramatically reduced. In the largest, most comprehensive 
evidentiary review ever conducted on how children learn to 
read, a Congressionally-mandated National Reading Panel 
concluded that the most effective way to teach children to read 
is through instruction in phonemic awareness, direct systematic 
phonics, reading fluency, spelling, writing, and reading 
comprehension strategies.
    Perhaps the greatest single impediment to educationally 
disadvantaged students is limited reading skills. Reading is 
the access skill to all other learning, and many of the 
programs authorized in the accompanying bill either directly or 
indirectly focus on this fundamental deficit for at risk 
students. For many of these students, the Committee urges that 
teachers take full advantage of all the tools currently 
available to help these learners acquire the skill of reading, 
including the use of recorded textbook materials, available 
free of charge for needy students, while they are learning to 
read on their own.
    Another Sense of the Congress provision is included in 
section 14615. It relates to state and local science 
assessments, and simply states that it is the Sense of Congress 
that such assessments should measure a student's ability to 
understand scientific facts, results, and concepts, design and 
conduct experiments, make arguments based on evidence and data, 
and communicate scientific information.
            Repeals
    Section 602 of the Education OPTIONS Act repeals the 
following titles of the Goals 2000: Educate America Act: Title 
II, Part A (National Education Goals Panel); Title II, Part C 
(Goals Panel Authorization); Title VI (International 
Education). Title XI (Coordinated Services) of the ESEA is also 
repealed.
    In the early 1990s, Congress wrote into law eight national 
education goals to be met by the year 2000, and authorized a 
National Education Goals Panel to chart the progress of the 
nation in meeting the goals. The goals to be met by the year 
2000 were: (1) all children will start school ready to learn; 
(2) the high school graduation rate will be at least 90 
percent; (3) students will master a challenging curriculum at 
grades 4, 8, and 12; (4) teachers will have access to 
professional development opportunities; (5) U.S. students will 
be first in the world in science and math achievement; (6) all 
adults will be literate; (7) schools will be free of drugs, 
violence and firearms; and (8) every school will promote 
parental involvement in education. For several years the 
National Education Goals Panel charted the nation's progress 
and published various reports. However, as their reports 
attest, the nation has unfortunately fallen short in meeting 
most of the goals by the year 2000. While the goals may have 
served a worthy purpose for their time, the Committee believes 
it is unnecessary to extend the goals or the National Education 
Goals Panel for an infinite period of time.
    In this regard, an amendment was offered to H.R. 4141 by 
Mr. Schaffer (R-CO) that repealed the National Education Goals. 
The amendment further added a Sense of Congress provision 
stating: (1) the Constitution gives states the responsibility 
for the general supervision of education; (2) states and school 
districts are best suited to increase academic achievement; (3) 
states and school districts need maximum liberty in instituting 
education reform; (4) the best education decisions are made by 
those who know the students best; and (5) states should be 
commended for their educational efforts and results. The 
amendment passed by voice vote.
    The Committee has repealed the coordinated services program 
found in Title XI of the Elementary and Secondary Education 
Act. Coordination of non-academic related services under ESEA 
is far removed from the underlying purposes of federal 
elementary and secondary education programs. It is the 
responsibility of families, not schools, to meet these needs of 
children. Stretching federal education programs into such 
tangential areas is an unnecessary diversion of federal 
education resources and accordingly the Committee has repealed 
Title XI.
            Effective date
    Section 603 of the bill provides an effective date of 
October 1, 2000 or the date of enactment of the bill, whichever 
comes later in time.
            IDEA funding
    During Committee consideration of H.R. 4141, Mr. Tierney 
(D-MA) offered an amendment, which was accepted, that requires 
a local educational agency that exercises the authority under 
IDEA to treat as local funds up to 20 percent of the amount it 
received for part B of IDEA that exceeds the amount it received 
in the previous fiscal year to spend those additional local 
funds to provide funding for programs under ESEA, Class Size 
Reduction, School to Work, and programs addressing the digital 
divide, school construction, school safety, teacher quality and 
after school or related education programs authorized under 
federal, state or local law. This amendment is substantially 
similar to the amendment Mr. Tierney successfully included in 
H. Con. Res. 84, the IDEA Full Funding Resolution.

                      Section by Section Analysis

    Section 1--sets forth the short title as the `Education 
Opportunities to Protect and Invest in Our Nation's Students 
(Education OPTIONS) Act.'
    Section 2--contains the table of contents.
    Section 3--states the purpose of the act.

                        TITLE I--TRANSFERABILITY

    Section 101--states the short title as 'State and Local 
Transferability Act.'
    Section 102--states the purpose of Title I.
    Section 103--amends Part B of Title XIV of the Elementary 
and Secondary Education Act to provide the provisions regarding 
transferability as follows: ``Section 14206 states the 
provisions for state transfer authority; states the provisions 
for local transfer authority; states the limitation on transfer 
authority; states the provisions regarding the state plan and 
application modification; states the provisions regarding the 
local plan and application modification; states the provisions 
regarding applicable rules to transferred funds.''

          TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION

    Section 201--amends Title IV of the Elementary and 
Secondary Education Act to provide the provisions regarding 
drug and violence prevention education as follows:
    ``Section 4001 establishes the short title as `Supporting 
Drug and Violence Prevention and Education for Students and 
Communities Act of 2000.'
    ``Section 4002 sets forth the findings.
    ``Section 4003 establishes the purpose.
    ``Section 4004 sets the authorization of appropriations.''

``Part A--State grants for drug and violence prevention programs

    ``Section 4111 sets forth reservations and allotments.
    ``Section 4112 establishes the within-state distribution of 
funds.
    ``Section 4113 establishes and describes the state 
application process.
    ``Section 4114 establishes and describes the local 
educational agency application.
    ``Section 4115 establishes authorized activities.
    ``Section 4116 establishes and describes the system of 
evaluation and reporting.''

``Part B--National program

    ``Section 4121 establishes and describes federal 
activities.
    ``Section 4122 establishes a national clearinghouse for 
after school programs.''

``Part C--Gun possession

    ``Section 4131 establishes gun-free school requirements.''

``Part D--General provisions

    ``Section 4141 sets forth the definitions.
    ``Section 4142 establishes that drug prevention programs 
under this title convey a message that the use of drugs is 
wrong and harmful, but prohibits the Secretary from prescribing 
specific curricula.
    ``Section 4143 establishes that any state and local 
educational agency receiving funds under this title must have a 
policy that prohibits cigarette vending machines and the 
illegal possession of drugs or alcohol on school property or 
school sponsored events.
    ``Section 4144 establishes that local educational agencies 
shall make a reasonable effort to inform parents or legal 
guardians of the content of programs funded under this title, 
and shall withdraw a student from any program funded under this 
title upon receipt of written notification from the parents or 
legal guardian.
    ``Section 4145 sets forth prohibited uses of funds.
    ``Section 4146 sets forth that each state must establish a 
standard of quality for programs and sets minimum requirements 
for such standards.
    ``Section 4147 authorizes the Secretary to continue to fund 
grants received by any school or consortia of schools under 
part I of title X (21st Century Community Learning Centers 
Program) prior to the enactment of this bill shall continue to 
receive funds in accordance with the terms of such award until 
the date on which the award period terminates.
    ``Section 4148 requires that the General Accounting Office 
shall submit a report to Congress no later than one year after 
the date of enactment, and establishes what such report must 
contain.
    ``Section 4149 establishes that states may provide services 
through contracts with charitable, religious, or private 
organizations, and sets forth guidelines to direct the exercise 
of this authority.
    ``Section 4150 establishes a policy relating to the 
discipline of a child with a disability who possesses or sells 
illegal drugs at school, or who commits aggravated assault or 
battery at school and establishes a policy relating to the 
discipline of a child with a disability who possesses a weapon 
at school.''
    Section 202--provides local educational agency with 
requirements for use of certain funds.

                      title iii--tech for success

    Section 301--amends Title III of the Elementary and 
Secondary Education Act as follows:
    ``Section 3001 provides the short title as the `Tech for 
Success Act of 2000.'
    ``Section 3002 provides for the purpose of the title.''

``Part A--Tech for success grant program

            ``Subpart 1--General provisions
    ``Section 3101 sets the authorization of appropriations for 
this part and states the funding rule.
    ``Section 3102 states the definitions for this part.''
            Subpart 2--State and local technology for success grants
    ``Section 3111 provides the provisions regarding allocating 
funds to the states and the Bureau of Indian Affairs.
    ``Section 3112 states the use of allotments by states.
    ``Section 3113 provides the provisions regarding state 
plans.
    ``Section 3114 provides the provisions regarding local 
plans.
    ``Section 3115 states the permitted state activities and 
states the limitation on administrative costs.
    ``Section 3116 provides the provisions regarding the 
required and allowable local activities, including Internet 
filtering.''
            ``Subpart 3--National technology initiatives
    ``Section 3121 directs the Secretary to carry out national 
programs designed to increase academic achievement through 
technology, study the effects of technology on academic 
achievement and coordinate all federal activities in the 
education technology arena.
    ``Section 3122 provides for the provisions regarding the 
requirements for recipients of funds.
    ``Section 3123 provides the provisions directing the 
Secretary to evaluate programs carried out under this subpart 
and to disseminate the results.''

``Part B--Ready to learn television

    ``Section 3201 provides the provisions authorizing the 
Secretary to award grants; sets specific limits on 
administrative costs; and requires the coordination of federal 
activities under this part.
    ``Section 3202 provides the provisions regarding 
applications.
    ``Section 3203 states that any entity receiving funds under 
this part shall submit an annual report to the Secretary for 
review.
    ``Section 3204 sets the authorization of appropriations.''

``Part C--Telecommunications program

    ``Section 3301 provides the provisions authorizing the 
Secretary to make grants to carry out a national 
telecommunications-based education program and a digital 
education content program.
    ``Section 3302 sets the authorization of appropriations for 
this part.''

                title iv--innovative education programs

    Section 401--amends Title VI of the Elementary and 
Secondary Education Act to provide for the provisions regarding 
the Innovative Education Program Strategies provisions as 
follows:

``Part A--State and local program

    ``Section 6001 states the findings and purpose of the 
title.
    ``Section 6101 provides for the provisions for allotments 
to states.
    ``Section 6102 provides for the provisions for allocations 
to local educational agencies.''

``Part B--State programs

    ``Section 6201 provides the provisions for state uses of 
funds.
    ``Section 6202 provides the state application 
requirements.''

``Part C--Local innovative education programs

    ``Section 6301 provides for the targeted uses of funds 
available to local educational agencies.
    ``Section 6302 states the administrative authority for 
states and local educational agencies.
    ``Section 6303 provides the provisions for local 
applications.''

``Part D--General provisions

    ``Section 6401 states the provisions regarding maintenance 
of effort and states that funds are to supplement, not supplant 
federal funds.
    ``Section 6402 states the provisions regarding 
participation of children enrolled in private schools.
    ``Section 6403 provides for the provisions regarding 
federal technical assistance, rulemaking, and availability of 
appropriations.
    ``Section 6404 states the definitions for the title.
    ``Section 6405 provides the authorization of 
appropriations.''

               title V--programs of natoinal significance

Part A--Fund for the improvement of education

    Section 501--amends Part A of Title X of the Elementary and 
Secondary Education Act as follows:
    ``Section 10101 prohibits funds for federally sponsored 
testing.
    ``Section 10102 prohibits funds for the federal endorsement 
of elementary and secondary school curriculum.
    ``Section 10103 authorizes programs and projects to be 
conducted under the Fund for the Improvement of Education.
    ``Section 10104 details grants authorized for elementary 
and secondary school counseling programs.
    ``Section 10105 details grants authorized for character 
education programs.
    ``Section 10106 details grants authorized for smaller 
learning communities within high schools.
    ``Section 10107 details general provisions including 
competitive awards, special rule, peer review, applications, 
evaluations, dissemination of evaluation results, matching 
funds, scientifically based research, and authorization of 
appropriations.''

Part B--Arts education

    Section 511--amends Part D of Title X of the Elementary and 
Secondary Education Act to provide for Arts Education 
provisions as follows:
    ``Section 10401 sets forth the findings, purpose, eligible 
recipients, and authorized activities; provides for 
coordination and consultation for awarding grants and 
authorizes appropriations for fiscal years 2000 through 2004.''

Part C--Public charter schools

    Section 521--amends Section 10310(1)(H) by inserting ``or 
in another nondiscriminatory manner consistent with state 
law;'' and provides for the authorization of appropriations.

Part D--Civic education

    Section 531--amends Part F of Title X of the Elementary and 
Secondary Education Act as follows:
    ``Section 10601 states the short title as the `Education 
for Democracy Act.'
    ``Section 10602 states the purpose.
    ``Section 10603 establishes general authority for the 
Secretary of Education to award grants.
    ``Section 10604 establishes the `We the People' program.
    ``Section 10605 sets the authorization of appropriations.''

Part E--Allen J. Ellender fellowship program

    Section 541 amends Part G of title X of the Elementary and 
Secondary Education Act of 1965.

``Part G--Allen J. Ellender fellowship program

    ``Section 10701 states the findings.
            ``Subpart 1--Program for middle and secondary school 
                    students
    ``Section 10711 authorizes the Secretary to make grants and 
establishes the uses of funds.
    ``Section 10712 establishes the application requirements.''
            ``Subpart 2--Program for middle and secondary school 
                    teachers
    ``Section 10721 authorizes the secretary to make grants and 
establishes the uses of funds.
    ``Section 10722 establishes the application requirements.''
            ``Subpart 3--Programs for recent immigrants, students of 
                    migrant parents and older Americans
    ``Section 10731 authorizes the Secretary to makes grants, 
sets forth the definition of older American, and establishes 
the uses of funds.
    ``Section 10732 establishes the application requirements.''
            ``Subpart 4--General provisions
    ``Section 10741 establishes administrative provisions 
regarding payments and audits.
    ``Section 10742 establishes authorization of 
appropriations.''

                      TITLE VI--GENERAL PROVISIONS

    Section 601--amends Title XIV of the Elementary and 
Secondary Education Act to provide for the General Provisions 
of the act as follows:

``Part A--Definitions

    ``Section 14101 states the definitions for the act.
    ``Section 14102 states that Parts B, C, D, E, and F do not 
apply to Title VIII of this act.
    ``Section 14103 provides the provisions regarding the 
applicability to schools operated by the Bureau of Indian 
Affairs.''

``Part B--Flexibility in the use of administrative and other funds

    ``Section 14201 provides the provisions regarding the 
consolidation of state administrative funds, uses of such 
funds, provides that states are not required to keep separate 
records, performance review by the Secretary, and unused 
administrative funds.
    ``Section 14202 provides for the provisions regarding 
single local educational agency states.
    ``Section 14203 provides for the provisions regarding the 
consolidation of funds for local administration.
    ``Section 14205 states the provisions regarding the 
consolidated set-aside for the Department of Interior funds.''

``Part C--Coordination of programs; consolidated state and local plans 
        and applications

    ``Section 14301 states the purpose of this part.
    ``Section 14302 states the provisions for optional 
consolidated state plans or applications.
    ``Section 14303 provides the provisions for consolidated 
reporting.
    ``Section 14304 provides the provisions for the general 
applicability of state educational agency assurances.
    ``Section 14305 provides the provisions regarding 
consolidated local plans or applications.
    ``Section 14306 provides the provisions regarding other 
general assurances.''

``Part D--Waivers

    ``Section 14401 states the provisions pertaining to waivers 
of statutory and regulatory requirements.''

``Part E--Uniform provisions

    ``Section 14501 provides for the provisions pertaining to 
maintenance of effort.
    ``Section 14502 states that a state shall not consider 
federal aid provided under the act in determining state aid 
with respect to free public education.
    ``Section 14503 provides the provisions for granting the 
participation of private school children and teachers on an 
equitable basis in programs under the act.
    ``Section 14504 provides the provisions regarding the 
standards for by-pass authority.
    ``Section 14505 provides the provisions for the complaint 
process for participation of private school children.
    ``Section 14506 provides the provisions for the by-pass 
determination process.
    ``Section 14507 states the prohibition against funds for 
religious worship or instruction.
    ``Section 14508 states that nothing in the act shall be 
construed to affect home schools.
    ``Section 14509 states that nothing in the act or any other 
act administered by the Department of Education shall be 
construed to authorize federal control over any aspect of any 
private, religious, or home school regardless of how a state 
treats a home school and states that this section shall not be 
construed as to bar private, religious, or home schools from 
participation in programs or services under the act or any 
other act administered by the Department of Education.
    ``Section 14510 provides for the protection of 
constitutionally protected voluntary public school prayer.
    ``Section 14511 states that nothing in the act shall 
prohibit the saying of prayer, reading of a scripture, 
performance of religious music or design or construction of a 
religious memorial in order to honor the memory of any person 
slain on an elementary or secondary school campus and states 
that nothing in the act shall be construed as authorizing such 
payment for such purposes.
    ``Section 14512 states that local educational agencies or 
elementary and secondary schools may use up to 20 percent of 
its administrative funds from any program under the act for the 
payment of attorneys fees and related legal services in 
defending any legal action claiming that such agency, school or 
agent violated the constitutional prohibition against the 
establishment of religion.
    ``Section 14513 provides the provisions regarding general 
prohibitions under the act.
    ``Section 14514 states that nothing in the act shall be 
construed to authorize federal control over a state, local 
educational agency, or school's curriculum, program of 
instruction, or allocation of state and local resources.
    ``Section 14515 states that the Secretary shall issue 
regulations as necessary to ensure compliance with the act.
    ``Section 14516 provides for the Secretary to report to 
Congress regarding compliance of the act.
    ``Section 14517 states that states are not required to have 
content standards or student performance standards approved or 
certified by the federal government in order to receive 
assistance under the act.
    ``Section 14518 states the prohibition on federal 
endorsement of a national curriculum to be used in elementary 
or secondary schools.
    ``Section 14519 provides for privacy for students.
    ``Section 14520 prohibits a national database of personally 
identifiable student information.''

``Part F--Sense of Congress

    ``Section 14614 provides the provisions stating a Sense of 
Congress regarding reducing the reading deficit.
    ``Section 14615 provides the provision stating a Sense of 
Congress regarding science assessment.
    ``Section 14616 provides the provision stating a Sense of 
Congress regarding `America Achieves Academic Excellence.' ''
    Section 602--provides the provisions for programs and other 
acts that are repealed under the act.
    Section 603--states the effective date as October 1, 2000, 
or the date of enactment of the Education OPTIONS Act.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill, H.R. 4141, the Education Opportunities To 
Protect and Invest In Our Nation's Students (Education OPTIONS) 
Act, authorizes several programs of the Elementary and 
Secondary Education Act and provides states and school 
districts with increased flexibility. The bill does not prevent 
legislative branch employees from receiving the benefits of 
this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 4141 authorizes several programs of the 
Elementary and Secondary Education Act and provides states and 
school districts with increased flexibility. As such, the bill 
does not contain any unfunded mandates.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.


 


  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the body of this report.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 4141 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 2000.
Hon. William F. Goodling,
Chairman, Committee on Education and the Workforce, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4141, the 
Education Opportunity to Protect and Invest in our Nation's 
Students Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Audra 
Millen (for federal costs) and Susan Sieg Tompkins (for the 
state and local impact).
            Sincerely,
                                         Barry B. Anderson,
                                    (for Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 4141--Education Opportunity to Protect and Invest in our Nation's 
        Students Act

    Summary: Programs under the Elementary and Secondary 
Education Act of 1965 (ESEA) are authorized through 2000 under 
the General Education Provisions Act (GEPA). H.R. 4141 would 
extend the authorization for several of these programs through 
2005. The bill addresses programs that fund violence and drug 
prevention programs, technology education, an education block 
grant, and programs of national significance. Because most of 
these programs will qualify for an automatic one-year extension 
under GEPA, CBO has estimated costs through 2006.
    CBO estimates that authorizations under the bill relative 
to current law would total about $2.2 billion in 2001 and about 
$14 billion over the 2001-2006 period, CBO estimates that 
implementing H.R. 4141 would increase outlays by $10.4 billion 
assuming appropriations keep pace with inflation, and by $10 
billion without such inflation adjustments.
    The reauthorization of programs under H.R. 4141 would 
provide grants to state and local education agencies and tribal 
governments to assist specific populations of students in 
meeting state performance standards. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). Any costs incurred by 
state, local, or tribal governments would result from complying 
with conditions of aid.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4141 is shown in Table 1. The costs of 
this legislation fall within budget function 500 (education, 
training, employment, and social services).

                               TABLE. 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 4141
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                           2000    2001    2002    2003    2004    2005    2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                         With Adjustments For Inflation

Spending under current law:
    Budget authority authorization level\1\.............   1,927     762     150     152     155       0       0
    Estimated outlays...................................   1,829   2,064   1,060     357     207     158      46
Proposed changes:
    Estimated authorization level.......................       0   2,197   2,231   2,268   2,306   2,499   2,540
    Estimated outlays...................................       0     116   1,354   2,035   2,214   2,288   2,435
Spending under H.R. 4141:
    Estimated authorization level.......................   1,927   2,960   2,381   2,421   2,461   2,499   2,540
    Estimated outlays...................................   1,829   2,180   2,414   2,392   2,421   2,446   2,482

                                        Without Adjustments For Inflation

Spending under current law:
    Budget authority authorization level\1\.............   1,927     760     145     145     145       0       0
    Estimated outlays...................................   1,829   2,064   1,058     353     200     150      44
Proposed changes:
    Estimated authorization level.......................       0   2,162   2,162   2,162   2,162   2,305   2,305
    Estimated outlays...................................       0     114   1,331   1,980   2,124   2,160   2,261
Spending under H.R. 4141:
    Estimated authorization level.......................   1,927   2,922   2,307   2,307   2,307   2,305   2,305
    Estimated outlays...................................   1,829   2,178   2,389   2,333   2,324   2,309   2,305
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals because of rounding.

\1\ The 2000 level is the amount appropriated for that year for the programs that H.R. 4141 would reauthorize.
  The 2001 level includes $615 million from an advance appropriation already enacted. Remaining amounts for 2001
  and subsequent years are the estimated authorization levels under current law.

    CBO's estimate of the total spending under current law for 
2001 includes budget authority that was provided in advance 
under Department of Education Appropriations Act, 2000, 
contained in the Consolidated Appropriations Act, 2000 (Public 
Law 106-113) and outlays from both this advanced authority and 
funding from previous years. CBO's estimate of proposed changes 
under H.R. 4141 does not make any assumptions about advanced 
funding. Therefore, estimate of total spending in 2001 under 
H.R. 4141 includes the advance appropriation enacted for the 
2000-2001 academic year as well as the total estimated funding 
under H.R. 4141 for the 2001-2002 academic year.\1\
---------------------------------------------------------------------------
    \1\ Funds for education programs are generally provided on an 
academic-year basis, so appropriations made in 2000, including any 
advances for 2001, are intended for the 2000-2001 academic year.
---------------------------------------------------------------------------

Basis of estimate

    H.R. 4141 would reauthorize several existing education 
programs that fund violence and drug prevention programs, 
technology education, and programs of national significance. 
All of the bill's provisions would be subject to appropriation 
action. The bill would reauthorize funding for 2000 through 
2005; however, programmatic changes would not take effect until 
2001. Under GEPA, the programs would automatically be 
authorized for an additional year; therefore, CBO estimates 
cost through 2006. For the purposes of this estimate, CBO 
assumes that H.R. 4141 will be enacted by October 1, 2000, and 
that the full amounts authorized would be appropriated by the 
beginning of each fiscal year.
    In general, the bill would set authorization levels for 
2000 equal to the actual appropriations and would authorize the 
appropriation of such sums as necessary for the subsequent 
years, when the programmatic changes would become effective. 
CBO assumes spending levels for 2001 through 2006 will remain 
consistent with the 2000 amount unless revisions under the bill 
would alter the required funding level. For a small set of 
programs, the bill sets specific authorization levels for each 
year through 2005.
    With adjustments for inflation, CBO estimates the bill 
would increase authorized levels by $2.2 billion for 2001 and 
by $2.5 billion for 2006. Table 2 provides a detailed breakdown 
of CBO's estimates for the various components of titles II 
through IV of H.R. 4141, including adjustments for inflation. 
CBO estimates no additional costs would result from titles I or 
VI.

                     TABLE 2.--DETAILED EFFECTS OF H.R. 4141, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                           2000    2001    2002    2003    2004    2005    2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority/authorization level \1\............   1,927     762     150     152     155       0       0
    Estimated Outlays...................................   1,829   2,064   1,060     357     207     158      46
Proposed changes:
    Title II--Drug and Violence Prevention and
     Education:
        State grants for drug and violence prevention
         programs:
            Estimated authorization level...............       0     959     974     991   1,008   1,025   1,042
            Estimated outlays...........................       0      48     672     922     986   1,003   1,020
        National programs:
            Estimated authorization level...............       0      20      20      20      20      20      20
            Estimated outlays...........................       0       1      14      19      20      20      20
        Subtotal, Title II:
            Estimated authorization level...............       0     979     994   1,011   1,028   1,045   1,062
            Estimated outlays...........................       0      49     686     941   1,006   1,023   1,040
    Title III--Tech for Success:
        Tech for Success Grant Program:
            Estimated authorization level...............       0     746     757     771     784     795     808
            Estimated outlays...........................       0      39     337     640     725     765     786
        Ready to Learn Television:
            Estimated authorization level...............       0      16      17      17      17      17      18
            Estimated outlays...........................       0       1       7      14      16      17      17
        Telecommunication Program:
            Estimated authorization level...............       0       9       9       9       9       9       9
            Estimated outlays...........................       0       0       4       7       8       9       9
        Subtotal, Title III:
            Estimated authorization level...............       0     771     783     796     810     822     835
            Estimated outlays...........................       0      40     348     661     749     791     812
    Title IV--Innovative Education Programs:
            Estimated authorization level...............       0     372     378     384     391     398     404
            Estimated outlays...........................       0      19     261     358     382     389     396
    Title V--Programs of National Significance:
        Fund for the Improvement of Education:
            Estimated authorization level...............       0      50      50      50      50      50      50
            Estimated outlays...........................       0       6      40      49      50      50      50
        Arts Education:
            Estimated authorization level...............       0      12      12      12      12      13      13
            Estimated outlays...........................       0       1       8      11      12      12      12
        Public Charter Schools:
            Estimated authorization level...............       0       0       0       0       0     158     160
            Estimated outlays...........................       0       0       0       0       0       8     110
        Civic Education:
            Estimated authorization level...............       0      10      10      10      11      11      11
            Estimated outlays...........................       0       1       8      10      10      11      11
        Allen J. Ellender Fellowships:
            Estimated authorization level...............       0       4       4       5       5       5       5
            Estimated outlays...........................       0       0       3       4       5       5       5
        Subtotal, Title V:
            Estimated authorization level...............       0      76      77      77      77     236     239
            Estimated outlays...........................       0       8      59      74      77      85     188
Total proposed changes:
            Estimated authorization level...............       0   2,197   2,231   2,268   2,306   2,499   2,540
            Estimated outlays...........................       0     116   1,354   2,035   2,214   2,288   2,435
Total Spending under H.R. 4141:
            Estimated authorization level \1\...........   1,927   2,960   2,381   2,421   2,461   2,499   2,540
            Estimated outlays...........................   1,829   2,180   2,414   2,392   2,421   2,446   2,482
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals because of rounding.

\1\ The 2000 level is the amount appropriated for that year for the programs that H.R. 4141 would reauthorize.
  The 2001 level includes $615 million from an advance appropriation already enacted. Remaining amounts for 2001
  and subsequent years are the estimated authorization levels under current law.

    Most of the programs that would be reauthorized under H.R. 
4141 are funded through the education reform and school 
improvement budget accounts. The school improvement account 
includes several of the currently funded competitive grant 
programs, such as the Charter School and Arts in Education 
program, as well as formula grant programs that are forward-
funded and broad in their allowable usages, such as the 
Innovative Education Program Strategies block grant and the 
Safe and Drug Free Schools program. Programs in this account 
tend to have a pattern of spending 5 percent in the first year 
and 65 percent in the second year. The education reform account 
includes most of the technology education programs, which are 
predominantly competitive grant programs, as well as the 21st 
Century Community Learning Centers program, a relatively new 
competitive grant program. Spending under these programs tends 
to occur over a longer period, with a pattern of spending 5 
percent in the first year, 40 percent in the second, and 40 
percent in the third, with the remaining 15 percent over the 
subsequent three years.
            Title I--Transferability
    Title I would allow states and local education agencies 
(LEAs) to transfer funds between several formula grant 
programs. States would be granted transfer authority over all 
of their funds under these programs, whereas LEAs would need 
state approval to transfer more than 35 percent of funds under 
any single program. No money could be transferred out of funds 
provided under Title I of ESEA, but funds from other programs 
could supplement programs authorized under that title. CBO 
estimates that enactment of title I of H.R. 4141 would not 
introduce any additional costs or change the spending patterns 
of these programs.
            Title II--Drug and violence prevention education
    Title II would combine the 21st Century Community Learning 
Centers program (21st Century program), currently authorized 
under Part I of Title X of ESEA, and the Safe and Drug Free 
Schools and Communities Act, authorized under Title IV of ESEA, 
into a new Supporting Drug and Violence Prevention and 
Education for Students and Communities Act. Total funding for 
these two programs in 2000 was $1.05 billion. CBO estimates the 
total cost of implementing this title would be $928 million for 
2001. Assuming adjustments for inflation, we estimate total 
authorizations of $6.2 billion over the 2001-2006 period, with 
resulting outlays of $4.7 billion over that period.
    Current Law--The 21st Century program funds three-year 
competitive grants to LEAs to support before-school and after-
school programs. The 21st Century program was funded at $453 
million in 2000.
    The Safe and Drug Free Schools and Communities Act has two 
components. Part A provides formula grants to states for drug 
and violence prevention programs. One-half of the total funding 
is allocated based on a state's relative school-aged 
population, with the other half based on its relative share of 
funding under Title I of ESEA. From each state's allocation, 80 
percent is awarded to the State Education Agency (SEA) and 20 
percent to the governor for statewide programs. SEAs are 
allowed an administrative set-aside of 4 percent and required 
to set aside 0.2 percent for Native Hawaiians and 1 percent 
each for Native Indians and outlying areas. Of the remainder, 
70 percent must be awarded to LEAs based on enrollment and 30 
percent to LEAs with the greatest need. Funding for Part A for 
the 2000-2001 academic year was $439 million.
    The National Activities component, under part B of the Safe 
and Drug Free Schools and Communities Act, authorizes 
discretionary grants for demonstration projects and evaluations 
of drug and violence programs. Under the 1999 appropriations 
act, the Congress significantly increased funding for National 
Activities initiatives, directing the additional money to be 
used to enable LEAs to hire program coordinators for middle 
schools and for targeted assistance to LEAs. These directives 
resulted in the establishment of the Middle School Drug 
Prevention and School Safety Coordinators program (Middle 
School Coordinator program), and the Safe Schools/Healthy 
Students program, a joint initiative with the Departments of 
Education, Justice, and Health and Human Services. Total 
funding for National Programs for 2000 was $161 million, of 
which $82 million was directed for the Safe Schools/Healthy 
Students initiative and $50 million for the Middle School 
Coordinator program.
    Part A--State Grants for Drug and Violence Prevention 
Programs.--Part A of the Supporting Drug and Violence 
Prevention and Education for Students and Communities Act, 
would continue the state grant component of the Safe and Drug 
Free Schools and Communities Act, and expand the authorized use 
of funds to include both after-school programs and the hiring 
of program coordinators for drug and violence prevention 
programs in grades six through nine. The combined funding level 
for these three activities for the 2000-2001 academic year was 
$943 million.
    Under H.R. 4141, grants would be allocated among states and 
within states in basically the same manner that grants are 
currently allocated under the Safe and Drug Free Schools and 
Communities Act. However, because total funding for the new 
program would be almost twice the level under the current Safe 
and Drug Free state grant program alone, the set-aside 
percentages would be reduced accordingly. While the current 
governors' allocation is 20 percent of the state allocation for 
the Safe and Drug Free School and Communities program, it would 
be 10 percent of the total allocation under the new program. 
Likewise, the set-aside for Native Indians and outlying areas 
would be revised from the current 1 percent of the Safe and 
Drug Free School funds to 0.5 percent of the total funds under 
the new program or $5.2 million, whichever is greater. The set-
aside for Native Hawaiians would be continued.
    Because grants under the 21st Century and Middle School 
Coordinator programs are currently awarded directly to LEAs, 
the structure of the new program would not authorize the direct 
continuation of grants made under these programs prior to the 
enactment of H.R. 4141. However, since the new program would 
authorize the activities currently funded under these programs. 
CBO estimates that total funding for such activities would 
remain consistent with the 2000 funding level.
    Currently, funds from the 21st Century competitive grant 
program demonstrate a slower spending pattern than the formula 
grants to states under the Safe and Drug Free Schools and 
Communities Act. CBO estimates that the funds from this new 
program would demonstrate a spending pattern consistent with 
the Safe and Drug Free Schools and Communities state grants, 
since it would allocate funds in the same way.
    CBO estimates that the bill would authorize total funding 
for part A of the new Supporting Drug and Violence Prevention 
and Education for Students and Communities Act for 2001 at $959 
million, increasing to $1,042 million in 2006, assuming 
adjustments for inflation.
    Part B--National Programs.--H.R. 4141 would remove some 
activities currently authorized under the national programs 
component of the Safe and Drug Free Schools and Communities 
Act, but most current programs would continue to be authorized. 
Excluding funds for the coordinator initiative, whose 
activities would now be authorized under part A, the 2000 
funding level for national programs totaled $111 million.
    H.R. 4141 would require the Secretary of Education to 
establish a national clearinghouse for after-school programs 
out of funds made available for national programs. Based on 
information from the department, CBO estimates a total cost of 
the clearinghouse would be $7.5 million over five years, 
starting in 2001.
    In addition, part D of this title would authorize the 
Secretary to use funds appropriated for part B to award 
continuation grants for the 21st Century program and the Middle 
School Coordinator program. Based on information from the 
Department of Education, continuation of existing grants under 
the existing 21st Century program would cost $405 million in 
2001 and $253 million in 2002. For the Middle School 
Coordinator program, the department estimates continuation 
grants would cost $48 million in 2001 and $38 million in 2002.
    In contrast, H.R. 4141 would cap the authorized funding 
level for national programs at $20 million for each year of the 
reauthorization. Clearly, this level is insufficient to 
maintain the current funding level for existing programs under 
this part or to support continuation grants for the 21st 
Century program or the Middle School Coordinator program. CBO 
estimates a spending rate consistent with programs currently 
funded under this program, which would result in outlays of $94 
million over the 2001-2006 period.
            Title III--Tech for success
    Title would reauthorize several technology education 
programs, currently funded under Title III of ESEA. It would 
consolidate several activities into a new Tech for Success 
Grant Program, reauthorize the Ready to Learn Television 
Program, and expand the Telecommunications Demonstration 
Project for Mathematics. CBO estimates authorizations under 
this title would be $771 million for 2001 and $4.8 billion for 
the 2001-2006 period, with resulting outlays over this period 
of $3.4 billion. Comparable funding for 2000 was $756 million.
    Part A--Tech for Success Grant Program.--The Tech for 
Success Grant Program under H.R. 4141 would consolidate the 
activities currently funded under the Literacy Challenge Fund, 
the Innovation Challenge Fund, the Technology Leadership, 
Teacher Training, Community-based Centers, and the Star Schools 
programs, all currently authorized under Part A of Title III of 
ESEA. The combined funding level for these programs for 2000 
was $731 million. The Literacy Challenge Fund, the largest of 
these current programs with a 2000 funding level of $425 
million, is allocated to states based on their relative share 
of funds under Part A of Title I of ESEA and among LEAs on a 
competitive basis. The remaining programs fund competitive 
grants to various education entities.
    H.R. 4141 would allow 5 percent of total funds to be used 
for National Technology Initiatives, set aside the greater of 
$2.125 million or 0.305 percent of total funds for schools 
operated by the Bureau of Indian Affairs within the Department 
of the Interior, and set aside an equivalent amount for 
outlying areas.
    The bill would allocate 50 percent of available funds under 
the Tech for Success Grant Program to states based on their 
relative share of funds Part A of Title I of ESEA and 50 
percent based on enrollment. States would be allowed to set 
aside 5 percent of their funds for state-level activities. H.R. 
4141 would require states to distribute their remaining funds 
to LEAs, 80 percent based on a state-determined formula and 20 
percent through competitive grants.
    H.R. 4141 would require the Secretary to conduct a long-
term study on the effectiveness of technology education on 
student outcomes. Based on information from the department, CBO 
estimates a total cost of the study would be $8 million over 
four years. H.R. 4141 would authorize continuation of multiyear 
grants made under Title III of ESEA prior to enactment of H.R. 
4141. Funds available for grants under the new program would be 
reduced accordingly. The spending rate is currently the same 
for each of these programs, and CBO assumes spending under the 
Tech for Success Program would continue at the same rate.
    The bill would also expand the authorized use of funds to 
include purchasing laptop computers, would require that 20 
percent of funds be used for professional development 
activities, and would require schools that purchase computers 
for Internet use to filter harmful material. CBO estimates that 
these provisions would have no effect on spending.
    CBO estimates that the bill would authorize a funding level 
for 2001 for the Tech for Success Grant Program of $746 
million. We estimate that authorizations over the 2001-2006 
period would total $4.7 billion with resulting outlays of $3.3 
billion.
    Part B--Ready to Learn Television.--H.R. 4141 would 
reauthorize the Ready to Learn Television program, currently 
authorized under Part C of Title III of ESEA. The 2000 funding 
level was $16 million and H.R. 4141 would not introduce any 
significant revision to the program. Under H.R. 4141, CBO 
estimates authorizations for this program for the 2001-2006 
period totaling $102 million. CBO assumes spending would remain 
consistent with current rates.
    Part C--Telecommunications Program.--H.R. 4141 would 
introduce a new program that would expand on the existing 
Telecommunications Demonstration Project for Mathematics, 
currently authorized under Part D of Title III of ESEA. The 
current program supports an online professional development 
network for mathematics educators to share teaching strategies. 
The new program would be more extensive and include educators 
from all core funding for 2000 was $8.5 million and CBO 
estimates that authorized funding for the new program under 
H.R. 4141 would be $8.6 million for 2001. CBO assumes spending 
to remain consistent with current rates.
            Title IV--Innovative education programs
    H.R. 4141 would continue a block grant program, currently 
authorized under Title VI of ESEA. The bill would specify a few 
additional authorized activities, such as programs that provide 
same-gender classrooms or schools, community service projects, 
and public school choice initiatives. However, the current 
program authorizes a broad range of activities, and CBO 
estimates authorized funding would remain consistent with the 
2000-2001 academic year level of $366 million. CBO estimates 
the total cost of implementing this title would require an 
appropriation of $372 million in 2001. CBO estimates total 
authorizations over the 2001-2006 period of $2.3 billion, with 
outlays of $1.8 billion over that period, assuming adjustments 
for inflation.
            Title V--Programs of national significance
    Title V would reauthorize certain programs currently funded 
under the Fund for the Improvement of Education, extend the 
authorization of the Charter Schools program, and reauthorize 
the Civic Education, Arts in Education, and Ellender Fellowship 
Programs. CBO estimates that enactment of this title would 
increase authorizations by $76 million in 2001 and $781 million 
over the 2001-2006 period. We estimate outlays over the six-
year period of $492 million. Total funding for these programs 
in 2000 was $412 million.
    Part A--Fund for the Improvement of Education.--H.R. 4141 
would streamline the authorized activities under the Fund for 
the Improvement of Education, currently authorized under Part A 
of Title X of ESEA. It would cap authorized spending for the 
program at $50 million, less than one-fourth of the 2000 
funding level of $244 million.
    Part B--Arts in Education.--H.R. 4141 would reauthorize the 
Arts in Education program, currently authorized under Part D of 
Title X of ESEA. It would not extend the authority for the 
Cultural Partnerships for At-Risk Youth, which has never been 
funded. CBO estimates authorizations for the 2001-2006 period 
for the Arts in Education program under H.R. 4141 would be $73 
million. Funding for 2000 was $11.5 million.
    Part C--Charter Schools.--H.R. 4141 would extend the 
authorization of the Charter School program through 2005 plus 
the one-year extension under GEPA. The Charter School program 
is currently authorized through 2003 under the Charter School 
Expansion Act of 1998 and through 2004 under GEPA. Thus, CBO 
estimates no additional costs for this program for the 2001-
2004 period. We estimate authorizations of $158 million in 2005 
and $160 million in 2006, assuming adjustments for inflation.
    Part D--Civic Education.--H.R. 4141 would reauthorize the 
Civic Education program, currently authorized under Part F of 
Title X of ESEA. Assuming adjustments for inflation, CBO 
estimates that H.R. 4141 would provide additional 
authorizations of $63 million for the 2001-2006 period for this 
program. The 2000 funding level was $9.85 million. CBO 
estimates the program will continue to spend funds at its 
current rate.
    Part E--Allen J. Ellender Fellowship Program.--H.R. 4141 
would authorize $4.4 million for 2001 to continue the Allen J. 
Ellender Fellowship program, and such sums as may be necessary 
for the following four years. The funding level for 2000 was 
$1.5 million.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
HR 4141 would reauthorize certain sections of the Elementary 
and Secondary Education Act of 1965 that provide over $2 
billion in grants to state and local education agencies and 
tribal governments to support their efforts to improve 
educational opportunities and performance for specific 
populations of students. The bill contains no intergovernmental 
mandates as defined in UMRA; any costs to state, local, or 
tribal governments as a result of enactment of this bill would 
be incurred voluntarily, as conditions of aid.
    Estimated impact on the private sector: The bill contains 
no private-sector mandates as defined in UMRA.
    Previous CBO estimates: On March 31, 2000, CBO transmitted 
a cost estimate for S. 2, as ordered reported by the Senate 
Committee on Health, Education, Labor, and Pensions on March 9, 
2000. That bill would reauthorize several education programs, 
including those addressed in this bill, with some variations 
from the authorizations under H.R. 4141. For example, S. 2 
would not consolidate the current Safe and Drug Free Schools 
program and the 21st Century programs, would authorize a higher 
funding level for the Fund for the Improvement of Education, 
would increase funding for Charter Schools, and would 
consolidate other programs into the existing Innovative 
Education Program Strategies block grant.
    H.R. 4141 marks the sixth in a series of bills ordered 
reported during the 106th Congress that will comprise the 
House's comprehensive reauthorization of ESEA and related 
education acts. CBO prepared estimates of the five previous 
bills:
         H.R. 1995, as ordered reported by the House 
        Committee on Education and the Workforce on June 30, 
        1999, would consolidate funding for teacher training 
        initiatives. (See CBO estimate dated July 1, 1999.)
         H.R. 2300, as ordered reported by the House 
        Committee on Education and the Workforce on October 13, 
        1999, would authorize the Straight A's program to 
        consolidate funding under several education programs. 
        (See CBO estimate dated October 15, 1999.)
         H.R. 2, as reported by the House Committee on 
        Education and the Workforce on October 18, 1999, 
        addressed Education for the Disadvantaged, Rural 
        Education, Education for the Homeless, Education for 
        Indians, Native Hawaiians, and Alaska Natives, and the 
        Magnet School and Charter School programs. (See CBO 
        estimate dated October 19, 1999.)
         H.R. 3616, as ordered reported by the House 
        Committee on Education and the Workforce on February 
        16, 2000, would reauthorize the Impact Aid program. 
        (See CBO estimate dated February 28, 2000.)
         H.R. 3222, as ordered reported by the House 
        Committee on Education and the Workforce on February 
        16, 2000, would reauthorize the Even Start Family 
        Literacy and Inexpensive Book Distribution programs. 
        (See CBO estimate dated February 28, 2000.)
    Estimate prepared by: Federal costs: Audra Millen; impact 
on State, local, and Tribal governments: Susan Sieg Tompkins; 
impact on the private sector: Michelle Jewett.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

 Statement of Oversight Findings of the Committee on Government Reform

    With respect to the requirement of clause 3(c)(4) of Rule 
XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform on the 
subject of H.R. 4141.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by H.R. 4141. The 
Committee believes that the amendments made by this bill to the 
Elementary and Secondary Education Act are within Congress' 
authority under Article I, section 8, clause 1 of the 
Constitution.

                           Committee Estimate

    Clauses 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 4141. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

           *       *       *       *       *       *       *


                  [TITLE III--TECHNOLOGY FOR EDUCATION

[SEC. 3101. SHORT TITLE.

  [This title may be cited as the ``Technology for Education 
Act of 1994''.

           [PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS

[SEC. 3111. FINDINGS.

  [The Congress finds that--
          [(1) technology can produce far greater opportunities 
        for all students to learn to high standards, promote 
        efficiency and effectiveness in education, and help 
        propel our Nation's school systems into very immediate 
        and dramatic reform, without which our Nation will not 
        meet the National Education Goals by the target year 
        2000;
          [(2) the use of technology as a tool in the teaching 
        and learning process is essential to the development 
        and maintenance of a technologically literate citizenry 
        and an internationally competitive workforce;
          [(3) the acquisition and use of technology in 
        education throughout the United States has been 
        inhibited by--
                  [(A) the absence of Federal leadership;
                  [(B) the inability of many State and local 
                educational agencies to invest in and support 
                needed technologies;
                  [(C) the limited exposure of students and 
                teachers to the power of technology as a cost-
                effective tool to improve student learning and 
                achievement;
                  [(D) the lack of appropriate electrical and 
                telephone connections in the classroom; and
                  [(E) the limited availability of appropriate 
                technology-enhanced curriculum, instruction, 
                professional development, and administrative 
                support resources and services in the 
                educational marketplace;
          [(4) policies at the Federal, State, and local levels 
        concerning technology in education must address 
        disparities in the availability of technology to 
        different groups of students, give priority to serving 
        students in greatest need, and recognize that 
        educational telecommunications and technology can 
        address educational equalization concerns and school 
        restructuring needs by providing universal access to 
        high-quality teaching and programs, particularly in 
        urban and rural areas;
          [(5) the increasing use of new technologies and 
        telecommunications systems in business has increased 
        the gap between schooling and work force preparation, 
        and underscores the need for technology policies at the 
        Federal, State, tribal, and local levels that address 
        preparation for school-to-work transitions;
          [(6) technology can enhance the ongoing professional 
        development of teachers and administrators by providing 
        constant access to updated research in teaching and 
        learning by means of telecommunications, and, through 
        exposure to technology advancements, keep teachers and 
        administrators excited and knowledgeable about 
        unfolding opportunities for the classroom;
          [(7) planned and creative uses of technology, 
        combined with teachers adequately trained in the use of 
        technology, can reshape our Nation's traditional method 
        of providing education and empower teachers to create 
        an environment in which students are challenged through 
        rigorous, rich classroom instruction provided at a pace 
        suited to each student's learning style, and in which 
        students have increased opportunities to develop higher 
        order thinking and technical skills;
          [(8) schools need new ways of financing the 
        acquisition and maintenance of educational technology;
          [(9) the needs for educational technology differ from 
        State to State;
          [(10) technology can provide students, parents, 
        teachers, other education professionals, communities, 
        and industry with increased opportunities for 
        partnerships and with increased access to information, 
        instruction, and educational services in schools and 
        other settings, including homes, libraries, preschool 
        and child-care facilities, adult and family education 
        programs, and postsecondary institutions;
          [(11) the Department, consistent with the overall 
        national technology policy established by the 
        President, must assume a vital leadership and 
        coordinating role in developing the national vision and 
        strategy to infuse advanced technology throughout all 
        educational programs;
          [(12) Federal support can ease the burden at the 
        State and local levels by enabling the acquisition of 
        advanced technology and initiating the development of 
        teacher training and support as well as new educational 
        products;
          [(13) leadership at the Federal level should consider 
        guidelines to ensure that educational technology is 
        accessible to all users with maximum interoperability 
        nationwide;
          [(14) the rapidly changing nature of technology 
        requires coordination and flexibility in Federal 
        leadership; and
          [(15) technology has the potential to assist and 
        support the improvement of teaching and learning in 
        schools and other settings.

[SEC. 3112. STATEMENT OF PURPOSE.

  [The purpose of this part is to support a comprehensive 
system for the acquisition and use by elementary and secondary 
schools in the United States of technology and technology-
enhanced curricula, instruction, and administrative support 
resources and services to improve the delivery of educational 
services. Such system shall include--
          [(1) national leadership with respect to the need 
        for, and the provision of, appropriate technology-
        enhanced curriculum, instruction, and administrative 
        programs to improve learning in the United States, and 
        to promote equal access for all students to educational 
        opportunities in order to achieve the National 
        Education Goals by the year 2000;
          [(2) funding mechanisms which will support the 
        development, interconnection, implementation, 
        improvement, and maintenance of an effective 
        educational technology infrastructure, including 
        activities undertaken by State and local educational 
        agencies to promote and provide equipment, training for 
        teachers and school library and media personnel, and 
        technical support;
          [(3) support for technical assistance, professional 
        development, information and resource dissemination, in 
        order to help States, local educational agencies, 
        teachers, school library and media personnel, and 
        administrators successfully integrate technology into 
        kindergarten through 12th grade classrooms and library 
        media centers;
          [(4) support for the development of educational and 
        instructional programming in core subject areas, which 
        shall address the National Education Goals;
          [(5) strengthening and building upon, but not 
        duplicating, existing telecommunications 
        infrastructures dedicated to educational purposes;
          [(6) development and evaluation of new and emerging 
        educational technologies, telecommunications networks, 
        and state-of-the-art educational technology products 
        that promote the use of advanced technologies in the 
        classroom and school library media center;
          [(7) assessment data regarding state-of-the-art uses 
        of technologies in United States education upon which 
        commercial and noncommercial telecommunications 
        entities, and governments can rely for decisionmaking 
        about the need for, and provision of, appropriate 
        technologies for education in the United States;
          [(8) ensuring that uses of educational technology are 
        consistent with the overall national technology policy 
        established by the President, and ensuring that Federal 
        technology-related policies and programs will 
        facilitate the use of technology in education;
          [(9) ensuring that activities supported under this 
        part will form the basis for sound State and local 
        decisions about investing in, sustaining, and expanding 
        uses of technology in education;
          [(10) establishing working guidelines to ensure 
        maximum interoperability nationwide and ease of access 
        for the emerging technologies so that no school system 
        will be excluded from the technological revolution;
          [(11) ensuring that, as technological advances are 
        made, the educational uses of these advances are 
        considered and their applications are developed; and
          [(12) encouragement of 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.

[SEC. 3113. DEFINITIONS.

  [For purposes of this title--
          [(1) the term ``adult education'' has the same 
        meaning given such term by section 203 of the Adult 
        Education and Family Literacy Act;
          [(2) 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) the term ``information infrastructure'' means a 
        network of communication systems designed to exchange 
        information among all citizens and residents of the 
        United States;
          [(4) 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) 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) the term ``Office'' means the Office of 
        Educational Technology;
          [(7) the term ``public telecommunications entity'' 
        has the same meaning given to such term by section 
        397(12) of the Communications Act of 1934;
          [(8) 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) 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) the term ``State library administrative 
        agency'' has the same meaning given to such term in 
        section 3 of the Library Services and Construction Act; 
        and
          [(11) 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, and video and audio tapes.

[SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

  [(a) Authorization of Appropriations.--
          [(1) Subparts 1, 2, and 3.--There are authorized to 
        be appropriated $200,000,000 for fiscal year 1995 and 
        such sums as may be necessary for each of the four 
        succeeding fiscal years to carry out subparts 1, 2, and 
        3, of which--
                  [(A)(i) $3,000,000 shall be available to 
                carry out subpart 1 (National Programs for 
                Technology in Education) for any such year for 
                which the amount appropriated under this 
                subsection is less than $75,000,000; and
                  [(ii) $5,000,000 shall be available to carry 
                out subpart 1 for any such year for which the 
                amount appropriated under this subsection is 
                equal to or greater than $75,000,000;
                  [(B) $10,000,000 shall be available to carry 
                out subpart 3 (Regional Technical Support and 
                Professional Development) for each such year; 
                and
                  [(C) the remainder shall be available to 
                carry out subpart 2 (State and Local Programs 
                for School Technology Resources) for each such 
                year.
          [(2) Subpart 4.--For the purpose of carrying out 
        subpart 4, there are authorized to be appropriated 
        $50,000,000 for fiscal year 1995 and such sums as may 
        be necessary for each of the four succeeding fiscal 
        years.
  [(b) Funding Rule.--
          [(1) Appropriations of less than $75,000,000.--For 
        any fiscal year for which the amount appropriated under 
        subsection (a)(1) is less than $75,000,000, from the 
        remainder of funds made available under subsection 
        (a)(1)(C) the Secretary shall award grants for the 
        National Challenge Grants in accordance with section 
        3136.
          [(2) Appropriations equal to or greater than 
        $75,000,000.--For any fiscal year for which the amount 
        appropriated under subsection (a)(1) is equal to or 
        greater than $75,000,000, from the remainder of funds 
        made available under subsection (a)(1)(C) the Secretary 
        shall award grants to State educational agencies from 
        allotments under section 3131, except that the 
        Secretary may reserve, from such remainder, such funds 
        as the Secretary determines necessary to meet 
        outstanding obligations for such fiscal year to 
        continue the National Challenge Grants for Technology 
        awarded under section 3136.

[SEC. 3115. 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. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

  [(a) In General.--The Secretary shall develop and publish not 
later than 12 months after the date of the enactment of the 
Improving America's Schools Act of 1994, and update when the 
Secretary determines appropriate, a 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) develop the national long-range plan in 
        consultation with other Federal departments or 
        agencies, State and local education practitioners and 
        policymakers, 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 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 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; and
                  [(F) increased opportunities for the 
                professional development of teachers in the use 
                of new technologies;
          [(5) how the Secretary will determine, in 
        consultation with appropriate individuals, 
        organizations, industries, and agencies, the 
        feasibility and desirability of establishing guidelines 
        to facilitate an easy exchange of data and effective 
        use of technology in education;
          [(6) how the Secretary will promote the exchange of 
        information among States, local educational agencies, 
        schools, consortia, and other entities concerning the 
        effective use of technology in education;
          [(7) how the Secretary will utilize the outcomes of 
        the evaluation undertaken pursuant to section 3123 to 
        promote the purposes of this part; and
          [(8) the Secretary's long-range measurable goals and 
        objectives relating to the purposes of this part.

[SEC. 3122. 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 United States 
National Commission on Libraries and Information Sciences, 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 in accordance with the purpose and 
        requirements of section 317 of the Goals 2000: Educate 
        America Act.
          [(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, such as--
          [(1) providing assistance to technical assistance 
        providers to enable such providers to improve 
        substantially the services such providers offer to 
        educators 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 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, guidelines 
        to facilitate maximum interoperability, efficiency and 
        easy exchange of data for effective use of technology 
        in education;
          [(5) research on, and the development of, 
        applications for education of the most advanced and 
        newly emerging technologies which research shall be 
        coordinated, when appropriate, with the Office of 
        Educational Research and Improvement, and other Federal 
        agencies;
          [(6) 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, and other educators; 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;
          [(7) the development, demonstration, and evaluation 
        of applications of existing technology in preschool 
        education, elementary and secondary education, training 
        and lifelong learning, and professional development of 
        educational personnel;
          [(8) the development and evaluation of software and 
        other products, including multimedia television 
        programming, that incorporate advances in technology 
        and help achieve the National 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;
          [(12) a biennial assessment of, and report to the 
        public regarding, the 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; and
          [(16) 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.

[SEC. 3123. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.

  [The Secretary, through the Office of Educational Technology, 
shall conduct a study to evaluate, and report to the Congress 
on, the feasibility of several alternative models for providing 
sustained and adequate funding for schools throughout the 
United States so that such schools are able to acquire and 
maintain technology-enhanced curriculum, instruction, and 
administrative support resources and services. Such report 
shall be submitted to the Congress not later than one year 
after the date of enactment of the Improving America's Schools 
Act of 1994.

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

[SEC. 3131. 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 3114(a)(1)(C) 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 
        one percent of the amount made available under section 
        3115(a)(1)(C) for such year.
  [(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 Secretary 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, but with such proportionate amount for any of 
        such other State educational agencies being reduced to 
        the extent such amount exceeds the sum the Secretary 
        estimates such State needs and will be able to use 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. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

  [(a) Grants to States.--
          [(1) In general.--From amounts made available under 
        section 3131, the Secretary, through the Office of 
        Educational Technology, shall award grants to State 
        educational agencies having applications approved under 
        section 3133.
          [(2) Use of grants.--(A) 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 3134.
          [(B) In awarding grants under subparagraph (A), each 
        State educational agency shall ensure that each such 
        grant is of sufficient duration, and of sufficient 
        size, scope, and quality, to carry out the purposes of 
        this part effectively.
  [(b) Technical Assistance.--Each State educational agency 
receiving a grant under paragraph (1) shall--
          [(1) identify the local educational agencies served 
        by the State educational agency that--
                  [(A) have the highest number or percentage of 
                children in poverty; and
                  [(B) demonstrate to such State educational 
                agency the greatest need for technical 
                assistance in developing the application under 
                section 3133; and
          [(2) offer such technical assistance to such local 
        educational agencies.

[SEC. 3133. 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 the Goals 2000: Educate 
America Act or other 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; and
          [(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 and library media 
                personnel 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.

[SEC. 3134. LOCAL USES OF FUNDS.

  [Each local educational agency, to the extent possible, shall 
use the funds made available under section 3132(a)(2) for--
          [(1) developing, adapting, or expanding existing and 
        new applications of technology to support the school 
        reform effort;
          [(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 ongoing professional development in 
        the integration of quality educational technologies 
        into school curriculum and long-term planning for 
        implementing educational technologies;
          [(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; and
          [(6) providing educational services for adults and 
        families.

[SEC. 3135. LOCAL APPLICATIONS.

  [Each local educational agency desiring assistance from a 
State educational agency under section 3132(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 (three- to five-
        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, administrators, and school library 
                media personnel served by the local educational 
                agency to further the use of technology in the 
                classroom or library media center; and
                  [(ii) a list of the source or sources of 
                ongoing training and technical assistance 
                available to schools, teachers and 
                administrators served by the local educational 
                agency, such as State technology offices, 
                intermediate educational support units, 
                regional educational laboratories or 
                institutions of higher education;
                  [(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 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; and
                  [(B) provide access for teachers, parents and 
                students to the best teaching practices and 
                curriculum resources through technology; and
          [(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 the National Education 
                Goals and any challenging State content 
                standards and State student performance 
                standards that may be developed.
  [(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 or the Goals 2000: Educate America Act, the State 
educational agency may approve such plan, or a component of 
such plan, notwithstanding the requirements of subsection (e) 
if the State educational agency determines that such approval 
would further the purposes of this subpart.

[SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.

  [(a) Grants Authorized.--
          [(1) In general.--From amounts made available under 
        section 3115(b)(1) 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 one 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.
  [(b) Use of Grants.--Grants awarded under subsection (a) 
shall be used for activities similar to the activities 
described in section 3134.
  [(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, administrators, 
        and school library media personnel served by the local 
        educational agency to further the use of technology in 
        the classroom or library media center;
          [(4) the project will ensure successful, effective, 
        and sustainable use of technologies acquired under this 
        subsection; and
          [(5) members of the consortia or other appropriate 
        entities will contribute substantial financial and 
        other resources to achieve the goals of the project.
  [(d) Application.--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.

[SEC. 3137. FEDERAL ADMINISTRATION.

  [(a) Evaluation Procedures.--The Secretary shall develop 
procedures for State and local evaluations of the programs 
under this subpart.
  [(b) Evaluation Summary.--The Secretary shall submit to the 
Congress four years after the enactment of the Improving 
America's Schools Act of 1994 a summary of the State 
evaluations of programs under this subpart in accordance with 
the provisions of section 14701.

  [Subpart 3--Regional Technical Support and Professional Development

[SEC. 3141. 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 under part C of title XIII, 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 give priority to such consortia and 
        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 the National Education Goals and are 
                suited for a school's particular needs, and 
                compile and share information regarding 
                creative and effective applications of 
                technology in the classroom and school library 
                media centers in order to support the purposes 
                of this part;
                  [(C) collaborate with such State educational 
                agencies, local educational agencies, or 
                schools requesting to participate in the 
                tailoring of software programs and other 
                supporting materials to meet challenging State 
                content standards or challenging State student 
                performance standards that may be developed; 
                and
                  [(D) provide technical assistance to 
                facilitate use of the electronic dissemination 
                networks by State and local educational 
                agencies and schools throughout the region.
          [(2) Professional development.--Each consortium 
        receiving a grant under this section shall, to the 
        extent practicable--
                  [(A) develop and implement, in collaboration 
                with State educational agencies and 
                institutions of higher education, technology-
                specific, ongoing professional development, 
                such as--
                          [(i) intensive school year and summer 
                        workshops that use teachers, school 
                        librarians, and school library 
                        personnel to train other teachers, 
                        school librarians, and other school 
                        library media personnel; and
                          [(ii) distance professional 
                        development, including--
                                  [(I) interactive training 
                                tele-courses using researchers, 
                                educators, and 
                                telecommunications personnel 
                                who have experience in 
                                developing, implementing, or 
                                operating educational and 
                                instructional technology as a 
                                learning tool;
                                  [(II) onsite courses teaching 
                                teachers to use educational and 
                                instructional technology and to 
                                develop their own instructional 
                                materials for effectively 
                                incorporating technology and 
                                programming in their own 
                                classrooms;
                                  [(III) methods for successful 
                                integration of instructional 
                                technology into the curriculum 
                                in order to improve student 
                                learning and achievement;
                                  [(IV) video conferences and 
                                seminars which offer 
                                professional development 
                                through peer interaction with 
                                experts as well as other 
                                teachers using technologies in 
                                their classrooms; and
                                  [(V) mobile education 
                                technology and training 
                                resources;
                  [(B) develop training resources that--
                          [(i) are relevant to the needs of the 
                        region and schools within the region;
                          [(ii) are relevant to the needs of 
                        adult literacy staff and volunteers, 
                        including onsite courses on how to--
                                  [(I) use instructional 
                                technology; and
                                  [(II) develop instructional 
                                materials for adult learning; 
                                and
                          [(iii) are aligned with the needs of 
                        teachers and administrators in the 
                        region;
                  [(C) establish a repository of professional 
                development and technical assistance resources;
                  [(D) identify and link technical assistance 
                providers to State and local educational 
                agencies, as needed;
                  [(E) ensure that training, professional 
                development, and technical assistance meet the 
                needs of educators, parents, and students 
                served by the region;
                  [(F) assist colleges and universities within 
                the region to develop and implement preservice 
                training programs for students enrolled in 
                teacher education programs; and
                  [(G) assist local educational agencies and 
                schools in working with community members and 
                parents to develop support from communities and 
                parents for educational technology programs and 
                projects.
          [(3) Information and resource dissemination.--Each 
        consortium receiving a grant under this section shall, 
        to the extent practicable--
                  [(A) assist State and local educational 
                agencies in the identification and procurement 
                of financial, technological and human resources 
                needed to implement technology plans;
                  [(B) provide outreach and, at the request of 
                a State or local educational agency, work with 
                such agency to assist in the development and 
                validation of instructionally based technology 
                education resources; and
                  [(C) coordinate activities and establish 
                partnerships with organizations and 
                institutions of higher education that represent 
                the interests of the region as such interests 
                pertain to the application of technology in 
                teaching, learning, instructional management, 
                dissemination, collection and distribution of 
                educational statistics, and the transfer of 
                student information.
          [(4) Coordination.--Each consortium receiving a grant 
        under this section shall work collaboratively, and 
        coordinate the services the consortium provides, with 
        appropriate regional and other entities assisted in 
        whole or in part by the Department.

                    [Subpart 4--Product Development

[SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.

  [(a) Purpose.--It is the purpose of this subpart to--
          [(1) support development of curriculum-based learning 
        resources using state-of-the-art technologies and 
        techniques designed to improve student learning; and
          [(2) support development of long-term comprehensive 
        instructional programming and associated support 
        resources that ensure maximum access by all educational 
        institutions.
  [(b) Federal Assistance Authorized.--
          [(1) In general.--The Secretary shall provide 
        assistance, on a competitive basis, to eligible 
        consortia to enable such entities to develop, produce, 
        and distribute state-of-the-art technology-enhanced 
        instructional resources and programming for use in the 
        classroom or to support professional development for 
        teachers.
          [(2) Grants and loans authorized.--In carrying out 
        the purposes of this section, the Secretary is 
        authorized to pay the Federal share of the cost of the 
        development, production, and distribution of state-of-
        the-art technology enhanced instructional resources and 
        programming--
                  [(A) by awarding grants to, or entering into 
                contracts or cooperative agreements with, 
                eligible consortia; or
                  [(B) by awarding loans to eligible consortia 
                which--
                          [(i) shall be secured in such manner 
                        and be repaid within such period, not 
                        exceeding 20 years, as may be 
                        determined by the Secretary;
                          [(ii) shall bear interest at a rate 
                        determined by the Secretary which shall 
                        be not more than the total of one-
                        quarter of 1 percent per annum added to 
                        the rate of interest paid by the 
                        Secretary on funds obtained from the 
                        Secretary of the Treasury; and
                          [(iii) may be forgiven by the 
                        Secretary, in an amount not to exceed 
                        25 percent of the total loan, under 
                        such terms and conditions as the 
                        Secretary may consider appropriate.
          [(3) Matching requirement.--The Secretary may require 
        any recipient of a grant or contract under this subpart 
        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.
          [(4) Eligible consortium.--For the purpose of this 
        subsection, the term ``eligible consortium'' means a 
        consortium--
                  [(A) that shall include--
                          [(i) a State or local educational 
                        agency; and
                          [(ii) a business, industry, or 
                        telecommunications entity; and
                  [(B) that may include--
                          [(i) a public or private nonprofit 
                        organization; or
                          [(ii) a postsecondary institution.
          [(5) Priorities.--In awarding assistance under this 
        section, the Secretary shall give priority to 
        applications describing programs or systems that--
                  [(A) promote the acquisition of higher-order 
                thinking skills and promise to raise the 
                achievement levels of all students, 
                particularly disadvantaged students who are not 
                realizing their potential;
                  [(B) are aligned with challenging State 
                content standards and State and local 
                curriculum frameworks;
                  [(C) may be adapted and applied nationally at 
                a reasonable cost over a broad technology 
                platform;
                  [(D) convert technology resources developed 
                with support from the Department of Defense and 
                other Federal agencies for effective use in the 
                classroom;
                  [(E) show promise of reducing the costs of 
                providing high-quality instruction;
                  [(F) show promise of expanding access to 
                high-quality instruction in content areas which 
                would otherwise not be available to students in 
                rural and urban communities or who are served 
                by other educational agencies with limited 
                financial resources;
                  [(G) are developed in consultation with 
                classroom teachers;
                  [(H) are developed through consultation and 
                collaboration with appropriate education 
                entities in designing the product to ensure 
                relevance to the voluntary national content 
                standards, the voluntary national student 
                performance standards and State curriculum 
                frameworks; and
                  [(I) are developed so that the product can be 
                adapted for use by adults in need of literacy 
                services, including English as a second 
                language and preparation for a secondary school 
                diploma or its recognized equivalent.
          [(6) Requirements for federal assistance.--Each 
        eligible consortium desiring Federal assistance under 
        this section shall submit an application to the 
        Secretary at such time and in such manner as the 
        Secretary may prescribe. Each application shall 
        include--
                  [(A) a description of how the product will 
                improve the achievement levels of students;
                  [(B) a description of how the activities 
                assisted under this section will promote 
                professional development of teachers and 
                administrators in the uses and applications of 
                the product, including the development of 
                training materials;
                  [(C) a description of design, development, 
                field testing, evaluation, and distribution of 
                products, where appropriate;
                  [(D) an assurance that the product shall 
                effectively serve a significant number or 
                percentage of economically disadvantaged 
                students;
                  [(E) plans for dissemination of products to a 
                wide audience of learners;
                  [(F) a description of how the product can be 
                adapted for use by students with disabilities 
                including provisions for closed captioning or 
                descriptive video, where appropriate;
                  [(G) a description of how ownership and 
                rights to the use and marketing of any product 
                developed by the consortium, including 
                intellectual property rights, will be allocated 
                among consortium participants; and
                  [(H) a description of the contributions, 
                including services and funds, to be made by 
                each member of the consortium, and how any 
                revenues derived from the sale of any product 
                developed by the consortium shall be 
                distributed.
  [(c) Consumer Report.--The Secretary shall provide for the 
independent evaluation of products developed under this section 
and shall disseminate information about products developed 
pursuant to provisions of this section to State and local 
educational agencies, and other organizations or individuals 
that the Secretary determines to be appropriate, through print 
and electronic media that are accessible to the education 
community at large.
  [(d) Proceeds.--The Secretary shall not prohibit an eligible 
consortium or any of the members of such consortium from 
receiving financial benefits from the distribution of any 
products resulting from the assistance received under this 
section. Notwithstanding any other provision of law, any 
profits or royalties received by a State educational agency, 
local educational agency, or other nonprofit member of an 
eligible consortium receiving assistance under this section 
shall be used to support further development of curriculum-
based learning resources, services, and programming or to 
provide access to such products for a wider 
audience.

                     [PART B--STAR SCHOOLS PROGRAM

[SEC. 3201. SHORT TITLE.

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

[SEC. 3202. FINDINGS.

  [The Congress finds that--
          [(1) the Star Schools program has helped to encourage 
        the use of distance learning strategies to serve multi-
        State regions primarily by means of satellite and 
        broadcast television;
          [(2) in general, distance learning programs have been 
        used effectively to provide students in small, rural, 
        and isolated schools with courses and instruction, such 
        as science and foreign language instruction, that the 
        local educational agency is not otherwise able to 
        provide; and
          [(3) distance learning programs may also be used to--
                  [(A) provide students of all ages in all 
                types of schools and educational settings with 
                greater access to high-quality instruction in 
                the full range of core academic subjects that 
                will enable such students to meet challenging, 
                internationally competitive, educational 
                standards;
                  [(B) expand professional development 
                opportunities for teachers;
                  [(C) contribute to achievement of the 
                National Education Goals; and
                  [(D) expand learning opportunities for 
                everyone.

[SEC. 3203. PURPOSE.

  [It is the purpose of this part to encourage improved 
instruction in mathematics, science, and foreign languages 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 audio and visual 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. 3204. 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 live, 
        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 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 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 one additional three-year 
        period.
  [(c) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated $35,000,000 for fiscal year 1995, 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 one fiscal year.
          [(2) Instructional programming.--Not less than 25 
        percent of the funds available to the Secretary in any 
        fiscal year under this part shall be used for the cost 
        of instructional programming.
          [(3) Special rule.--Not less than 50 percent of the 
        funds available in any fiscal year under this part 
        shall be used for the cost of facilities, equipment, 
        teacher training or retraining, technical assistance, 
        or programming, for local educational agencies which 
        are eligible to receive assistance under part A of 
        title I.
  [(e) Federal Share.--
          [(1) In general.--The Federal share of the cost of 
        projects funded under this section shall not exceed--
                  [(A) 75 percent for the first and second 
                years for which an eligible telecommunications 
                partnership receives a grant under this part;
                  [(B) 60 percent for the third and fourth such 
                years; and
                  [(C) 50 percent for the fifth such year.
          [(2) Reduction or waiver.--The Secretary may reduce 
        or waive the requirement of the non-Federal share under 
        paragraph (1) upon a showing of financial hardship.
  [(f) Authority To Accept Funds From Other Agencies.--The 
Secretary is authorized to accept funds from other Federal 
departments or agencies to carry out the purposes of this 
section, including funds for the purchase of equipment.
  [(g) Coordination.--The Department, the National Science 
Foundation, the Department of Agriculture, the Department of 
Commerce, and any other Federal department or agency operating 
a telecommunications network for educational purposes, shall 
coordinate the activities assisted under this part with the 
activities of such department or agency relating to a 
telecommunications network for educational purposes.
  [(h) Closed Captioning and Descriptive Video.--Each entity 
receiving funds under this part is encouraged to provide--
          [(1) closed captioning of the verbal content of such 
        program, where appropriate, to be broadcast by way of 
        line 21 of the vertical blanking interval, or by way of 
        comparable successor technologies; and
          [(2) descriptive video of the visual content of such 
        program, as appropriate.

[SEC. 3205. ELIGIBLE ENTITIES.

  [(a) Eligible Entities.--
          [(1) Required participation.--The Secretary may make 
        a grant under section 3204 to any eligible entity, if 
        at least one 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 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. 3206. APPLICATIONS.

  [(a) Applications Required.--Each eligible entity which 
desires to receive a grant under section 3204 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 the National Education Goals, how such 
        project will assist all students to have an opportunity 
        to learn to challenging State 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;
                  [(D) satellite time;
                  [(E) production facilities;
                  [(F) other 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 3204, shall give priority 
to applications describing projects that--
          [(1) propose high-quality plans to assist in 
        achieving one or more of the National Education Goals, 
        will provide instruction consistent with State content 
        standards, or will otherwise provide significant and 
        specific assistance to States and local educational 
        agencies undertaking systemic education reform;
          [(2) will provide services to programs serving 
        adults, especially parents, with low levels of 
        literacy;
          [(3) will serve schools with significant numbers of 
        children counted for the purposes of part A of title I;
          [(4) ensure that the eligible entity will--
                  [(A) serve the broadest range of 
                institutions, programs providing instruction 
                outside of the school setting, programs serving 
                adults, especially parents, with low levels of 
                literacy, institutions of higher education, 
                teacher training centers, research institutes, 
                and private industry;
                  [(B) have substantial academic and teaching 
                capabilities, including the capability of 
                training, retraining, and inservice upgrading 
                of teaching skills and the capability to 
                provide professional development;
                  [(C) provide a comprehensive range of courses 
                for educators to teach instructional strategies 
                for students with different skill levels;
                  [(D) provide training to participating 
                educators in ways to integrate 
                telecommunications courses into existing school 
                curriculum;
                  [(E) provide instruction for students, 
                teachers, and parents;
                  [(F) serve a multistate area; and
                  [(G) give priority to the provision of 
                equipment and linkages to isolated areas; and
          [(5) involve a telecommunications entity (such as a 
        satellite, cable, telephone, computer, or public or 
        private television stations) participating in the 
        eligible entity and donating equipment or in-kind 
        services for telecommunications linkages.
  [(d) Geographic Distribution.--In approving applications for 
grants authorized under section 3204, the Secretary shall, to 
the extent feasible, ensure an equitable geographic 
distribution of services provided under this part.

[SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.

  [(a) Reservation.--From the amount appropriated pursuant to 
the authority of section 3204(c)(1) in each fiscal year, the 
Secretary may reserve not more than 5 percent of such amount 
for national leadership, evaluation, and peer review 
activities.
  [(b) Method of Funding.--The Secretary may fund the 
activities described in subsection (a) directly or through 
grants, contracts, and cooperative agreements.
  [(c) Uses of Funds.--
          [(1) Leadership.--Funds reserved for leadership 
        activities under subsection (a) may be used for--
                  [(A) disseminating information, including 
                lists and descriptions of services available 
                from grant recipients under this part; and
                  [(B) other activities designed to enhance the 
                quality of distance learning activities 
                nationwide.
          [(2) Evaluation.--Funds reserved for evaluation 
        activities under subsection (a) may be used to conduct 
        independent evaluations of the activities assisted 
        under this part and of distance learning in general, 
        including--
                  [(A) analyses of distance learning efforts, 
                including such efforts that are assisted under 
                this part and such efforts that are not 
                assisted under this part; and
                  [(B) comparisons of the effects, including 
                student outcomes, of different technologies in 
                distance learning efforts.
          [(3) Peer review.--Funds reserved for peer review 
        activities under subsection (a) may be used for peer 
        review of--
                  [(A) applications for grants under this part; 
                and
                  [(B) activities assisted under this part.

[SEC. 3208. DEFINITIONS.

  [As used in this part--
          [(1) the term ``educational institution'' means an 
        institution of higher education, a local educational 
        agency, or a State educational agency;
          [(2) 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 tape, disc, film, or live, and presented by 
        means of telecommunications devices; and
          [(3) the term ``public broadcasting entity'' has the 
        same meaning given such term in section 397 of the 
        Communications Act of 1934.

[SEC. 3209. ADMINISTRATIVE PROVISIONS.

  [(a) Continuing Eligibility.--
          [(1) In general.--In order to be eligible to receive 
        a grant under section 3204 for a second 3-year grant 
        period an eligible entity shall demonstrate in the 
        application submitted pursuant to section 3206 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 3204 in acquiring satellite time, 
where appropriate, as economically as possible.

[SEC. 3210. OTHER ASSISTANCE.

  [(a) Special Statewide Network.--
          [(1) In general.--The Secretary, through the Office 
        of Educational Technology, may provide assistance to a 
        statewide telecommunications network under this 
        subsection if such network--
                  [(A) provides 2-way full motion interactive 
                video and audio communications;
                  [(B) links together public colleges and 
                universities and secondary schools throughout 
                the State; and
                  [(C) meets any other requirements determined 
                appropriate by the Secretary.
          [(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, audio and text 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 the National 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 one 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, as envisioned 
        by the Goals 2000: Educate America Act.
          [(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--READY-TO-LEARN TELEVISION

[SEC. 3301. 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 3302(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 the 
National Education Goals.
  [(b) Availability.--In making such grants, contracts, or 
cooperative agreements, the Secretary shall ensure that 
recipients make programming widely available with support 
materials as appropriate to young children, their parents, 
child care workers, and Head Start providers to increase the 
effective use of such programming.

[SEC. 3302. EDUCATIONAL PROGRAMMING.

  [(a) Awards.--The Secretary shall award grants, contracts, or 
cooperative agreements to eligible entities to--
          [(1) facilitate the development directly or through 
        contracts with producers of children and family 
        educational television programming, educational 
        programming for preschool and elementary school 
        children, and accompanying support materials and 
        services that promote the effective use of such 
        programming; and
          [(2) enable such 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 to the widest possible audience appropriate 
        to be served by the programming 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 nonprofit entity (including a public 
        telecommunications entity) able to demonstrate a 
        capacity for the development and 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. 3303. DUTIES OF SECRETARY.

  [The Secretary is authorized--
          [(1) to establish and administer a Special Projects 
        of National Significance program to award grants, 
        contracts, or cooperative agreements to public and 
        nonprofit private entities, or local public television 
        stations or such public television stations that are 
        part of a consortium with one 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;
          [(2) to 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) to develop and disseminate training materials, 
        including--
                  [(A) 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
                  [(B) support materials to promote the 
                effective use of materials developed under 
                paragraph (2);
        among parents, Head Start providers, in-home and center 
        based day care providers, early childhood development 
        personnel, and elementary school teachers, public 
        libraries, and after school program personnel caring 
        for preschool and elementary school children;
          [(4) coordinate activities 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 Head Start, Even Start, 
                and State training activities funded under the 
                Child Care Development Block Grant Act of 1990 
                regarding the availability and utilization of 
                materials developed under paragraph (3) to 
                enhance parent and child care provider skills 
                in early childhood development and education.

[SEC. 3304. APPLICATIONS.

  [Each eligible entity desiring a grant, contract, or 
cooperative agreement under section 3301 or 3303 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. 3305. REPORTS AND EVALUATION.

  [(a) Annual Report to Secretary.--An entity receiving funds 
under section 3301 shall prepare and submit to the Secretary an 
annual report which contains such information as the Secretary 
may require. At a minimum, the report shall describe the 
program activities undertaken with funds received under this 
section, including--
          [(1) the programming that has been developed directly 
        or indirectly by the 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 entity to 
        develop public-private partnerships to secure non-
        Federal support for the development and 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 
which includes--
          [(1) a summary of the information made available 
        under section 3302(a); and
          [(2) a description of the training materials made 
        available under section 3303(3), the manner in which 
        outreach has been conducted to inform parents and child 
        care providers of the availability of such materials, 
        and the manner in which such materials have been 
        distributed in accordance with such section.

[SEC. 3306. ADMINISTRATIVE COSTS.

  [With respect to the implementation of section 3302, entities 
receiving a grant, contract, or cooperative agreement from the 
Secretary may use not more than 5 percent of the amounts 
received under such section for the normal and customary 
expenses of administering the grant, contract, or cooperative 
agreement.

[SEC. 3307. 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. 3308. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out this part, $30,000,000 for fiscal year 1995, and such 
sums as may be necessary for each of the four succeeding fiscal 
years. Not less than 60 percent of the amounts appropriated 
under this subsection for each fiscal year shall be used to 
carry out section 3302.
  [(b) Special Projects.--Of the amount appropriated under 
subsection (b) for each fiscal year, at least 10 percent of 
such amount shall be used for each such fiscal year for 
activities under section 3303(1)(C).

   [PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS

[SEC. 3401. PROJECT AUTHORIZED.

  [The Secretary is authorized to make grants to a nonprofit 
telecommunications entity, or partnership of such entities, for 
the purpose of carrying out a national telecommunications-based 
demonstration project to improve the teaching of mathematics. 
The demonstration project authorized by this part shall be 
designed to assist elementary and secondary school teachers in 
preparing all students for achieving State content standards.

[SEC. 3402. APPLICATION REQUIRED.

  [(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 
        existing publicly funded telecommunications 
        infrastructure to deliver video, voice and data in an 
        integrated service to train teachers in the use of new 
        standards-based curricula materials and learning 
        technologies;
          [(2) assure that the project for which assistance is 
        sought will be conducted in cooperation with 
        appropriate State educational agencies, local 
        educational agencies, State or local nonprofit public 
        telecommunications entities, and a national mathematics 
        education professional association that has developed 
        content standards;
          [(3) assure that a significant portion of the 
        benefits available for elementary and secondary schools 
        from the project for which assistance is sought will be 
        available to schools of local educational agencies 
        which have a high percentage of children counted for 
        the purpose of part A of title I; and
          [(4) contain such additional assurances as the 
        Secretary may reasonably require.
  [(b) Approval of Applications; Number of Demonstration 
Sites.--In approving applications under this section, the 
Secretary shall assure that the demonstration project 
authorized by this part is conducted at elementary and 
secondary school sites in at least 15 States.

[SEC. 3403. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
part, $5,000,000 for the fiscal year 1995, and such sums as may 
be necessary for each of the four succeeding fiscal years.

     [PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM

[SEC. 3501. SHORT TITLE.

  [This part may be cited as the ``Elementary Mathematics and 
Science Equipment Act''.

[SEC. 3502. STATEMENT OF PURPOSE.

  [It is the purpose of this part to raise the quality of 
instruction in mathematics and science in the Nation's 
elementary schools by providing equipment and materials 
necessary for hands-on instruction through assistance to State 
and local educational agencies.

[SEC. 3503. PROGRAM AUTHORIZED.

  [The Secretary is authorized to make allotments to State 
educational agencies under section 3504 to enable such agencies 
to award grants to local educational agencies for the purpose 
of providing equipment and materials to elementary schools to 
improve mathematics and science education in such schools.

[SEC. 3504. ALLOTMENTS OF FUNDS.

  [(a) In General.--From the amount appropriated under section 
3509 for any fiscal year, the Secretary shall reserve--
          [(1) not more than one-half of 1 percent for 
        allotment among Guam, American Samoa, the Virgin 
        Islands, and the Northern Mariana Islands according to 
        their respective needs for assistance under this part; 
        and
          [(2) one-half of 1 percent for programs for Indian 
        students served by schools funded by the Secretary of 
        the Interior which are consistent with the purposes of 
        this part.
  [(b) Allotment.--
          [(1) In general.--The remainder of the amount so 
        appropriated (after meeting requirements in subsection 
        (a)) shall be allotted among State educational agencies 
        so that--
                  [(A) one-half of such remainder shall be 
                distributed by allotting to each State 
                educational agency an amount which bears the 
                same ratio to such one-half of such remainder 
                as the number of children aged 5 to 17, 
                inclusive, in the State bears to the number of 
                such children in all States; and
                  [(B) one-half of such remainder shall be 
                distributed according to each State's share of 
                allocations under part A of title I.
          [(2) Minimum.--Except as provided in paragraph (3), 
        no State educational agency shall receive an allotment 
        under this subsection for any fiscal year in an amount 
        that is--
                  [(A) less than one-half of 1 percent of the 
                amount made available under this subsection for 
                such fiscal year; or
                  [(B) less than the amount allotted to such 
                State for fiscal year 1988 under title II of 
                the Education for Economic Security Act.
          [(3) Ratable reductions.--(A) If the sums made 
        available under this part for any fiscal year are 
        insufficient to pay the full amounts that all State 
        educational agencies are eligible to receive under 
        paragraph (2)(B) for such year, the Secretary shall 
        ratably reduce the allotment to such agencies for such 
        year.
          [(B) If additional funds become available for making 
        payments under paragraph (2)(B) for such fiscal year, 
        allotments that were reduced under subparagraph (A) 
        shall be increased on the same basis as such allotments 
        were reduced.
  [(c) Reallotment of Unused Funds.--The amount of any State 
educational agency's allotment under subsection (b) for any 
fiscal year to carry out this part which the Secretary 
determines will not be required for that fiscal year to carry 
out this part shall be available for reallotment from time to 
time, on such dates during that year as the Secretary may 
determine, to other State educational agencies in proportion to 
the original allotments to those State educational agencies 
under subsection (b) for that year but with such proportionate 
amount for any of those other State educational agencies being 
reduced to the extent it exceeds the sum the Secretary 
estimates that the State educational agency needs and will be 
able to use for that year, and the total of those reductions 
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 part of the State 
educational agency's allotment under subsection (b) for that 
year.
  [(d) Definition.--For the purposes of this part the term 
``State'' means each of the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico.
  [(e) Data.--The number of children aged 5 to 17, inclusive, 
in the State and in all States shall be determined by the 
Secretary on the basis of the most recent satisfactory data 
available to the Secretary.

[SEC. 3505. STATE APPLICATION.

  [(a) Application.--Each State educational agency desiring to 
receive an allotment under this part shall file an application 
with the Secretary which covers a period of 5 fiscal years. 
Such application shall be filed at such time, in such manner, 
and containing or accompanied by such information as the 
Secretary may reasonably require.
  [(b) Contents of Application.--Each application described in 
subsection (a) shall--
          [(1) provide assurances that--
                  [(A) the State educational agency shall use 
                the allotment provided under this part to award 
                grants to local educational agencies within the 
                State to enable such local educational agencies 
                to provide assistance to schools served by such 
                agency to carry out the purpose of this part;
                  [(B) the State educational agency will 
                provide such fiscal control and funds 
                accounting as the Secretary may require;
                  [(C) every public elementary school in the 
                State is eligible to receive assistance under 
                this part once over the 5-year duration of the 
                program assisted under this part;
                  [(D) funds provided under this part will 
                supplement, not supplant, State and local funds 
                made available for activities authorized under 
                this part;
                  [(E) during the 5-year period described in 
                the application, the State educational agency 
                will evaluate its standards and programs for 
                teacher preparation and inservice professional 
                development for elementary mathematics and 
                science;
                  [(F) the State educational agency will take 
                into account the needs for greater access to 
                and participation in mathematics and science by 
                students and teachers from historically 
                underrepresented groups, including females, 
                minorities, individuals with limited English 
                proficiency, the economically disadvantaged, 
                and individuals with disabilities; and
                  [(G) that the needs of teachers and students 
                in areas with high concentrations of low-income 
                students and sparsely populated areas will be 
                given priority in awarding assistance under 
                this part;
          [(2) provide, if appropriate, a description of how 
        funds paid under this part will be coordinated with 
        State and local funds and other Federal resources, 
        particularly with respect to programs for the 
        professional development and inservice training of 
        elementary school teachers in science and mathematics; 
        and
          [(3) describe procedures--
                  [(A) for submitting applications for programs 
                described in section 3506 for distribution of 
                assistance under this part within the State; 
                and
                  [(B) for approval of applications by the 
                State educational agency, including appropriate 
                procedures to assure that such agency will not 
                disapprove an application without notice and 
                opportunity for a hearing.
  [(c) State Administration.--Not more than 5 percent of the 
funds allotted to each State educational agency under this part 
shall be used for the administrative costs of such agency 
associated with carrying out the program assisted under this 
part.

[SEC. 3506. LOCAL APPLICATION.

  [(a) Application.--A local educational agency that desires to 
receive a grant under this part shall submit an application to 
the State educational agency. Each such application shall 
contain assurances that each school served by the local 
educational agency shall be eligible for assistance under this 
part only once.
  [(b) Contents of Application.--Each application described in 
subsection (a) shall--
          [(1) describe how the local educational agency plans 
        to set priorities on the use and distribution among 
        schools of grant funds received under this part to meet 
        the purpose of this part;
          [(2) include assurances that the local educational 
        agency has made every effort to match on a dollar-for-
        dollar basis from private or public sources the funds 
        received under this part, except that no such 
        application shall be penalized or denied assistance 
        under this part based on failure to provide such 
        matching funds;
          [(3) describe, if applicable, how funds under this 
        part will be coordinated with State, local, and other 
        Federal resources, especially with respect to programs 
        for the professional development and inservice training 
        of elementary school teachers in science and 
        mathematics; and
          [(4) describe the process which will be used to 
        determine different levels of assistance to be awarded 
        to schools with different needs.
  [(c) Priority.--In awarding grants under this part, the State 
educational agency shall give priority to applications that--
          [(1) assign highest priority to providing assistance 
        to schools which--
                  [(A) are most seriously underequipped; or
                  [(B) serve large numbers or percentages of 
                economically disadvantaged students;
          [(2) are attentive to the needs of underrepresented 
        groups in science and mathematics;
          [(3) demonstrate how science and mathematics 
        equipment will be part of a comprehensive plan of 
        curriculum planning or implementation and teacher 
        training supporting hands-on laboratory activities; and
          [(4) assign priority to providing equipment and 
        materials for students in grades 1 through 6.

[SEC. 3507. PROGRAM REQUIREMENTS.

  [(a) Coordination.--Each State educational agency receiving 
an allotment under this part shall--
          [(1) disseminate information to school districts and 
        schools, including private nonprofit elementary 
        schools, regarding the program assisted under this 
        part;
          [(2) evaluate applications of local educational 
        agencies;
          [(3) award grants to local educational agencies based 
        on the priorities described in section 3506(c); and
          [(4) evaluate local educational agencies' end-of-year 
        summaries and submit such evaluation to the Secretary.
  [(b) Limitations on Use of Funds.--
          [(1) In general.--Except as provided in paragraph 
        (2), grant funds and matching funds under this part 
        only shall be used to purchase science equipment, 
        science materials, or mathematical manipulative 
        materials and shall not be used for computers, computer 
        peripherals, software, textbooks, or staff development 
        costs.
          [(2) Capital improvements.--Grant funds under this 
        part may not be used for capital improvements. Not more 
        than 50 percent of any matching funds provided by the 
        local educational agency may be used for capital 
        improvements of classroom science facilities to support 
        the hands-on instruction that this part is intended to 
        support, such as the installation of electrical 
        outlets, plumbing, lab tables or counters, or 
        ventilation mechanisms.

[SEC. 3508. FEDERAL ADMINISTRATION.

  [(a) Technical Assistance and Evaluation Procedures.--The 
Secretary shall provide technical assistance and, in 
consultation with State and local representatives of the 
program assisted under this part, shall develop procedures for 
State and local evaluations of the programs assisted under this 
part.
  [(b) Report.--The Secretary shall report to the Congress each 
year on the program assisted under this part in accordance with 
section 10701.

[SEC. 3509. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated $30,000,000 for 
fiscal year 1995, and such sums as may be necessary for each of 
the four succeeding fiscal years, to carry out this part.

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

[SEC. 4001. SHORT TITLE.

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

[SEC. 4002. FINDINGS.

  [The Congress finds as follows:
          [(1) The seventh National Education Goal provides 
        that by the year 2000, all schools in America will be 
        free of drugs and violence and the unauthorized 
        presence of firearms and alcohol, and offer a 
        disciplined environment that is conducive to learning.
          [(2) The widespread illegal use of alcohol and other 
        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) Our Nation's schools and communities are 
        increasingly plagued by violence and crime. 
        Approximately 3,000,000 thefts and violent crimes occur 
        in or near our Nation's schools every year, the 
        equivalent of more than 16,000 incidents per school 
        day.
          [(4) Violence that is linked to prejudice and 
        intolerance victimizes entire communities leading to 
        more violence and discrimination.
          [(5) The tragic consequences of violence and the 
        illegal use of alcohol and drugs by students are felt 
        not only by students and such students' families, but 
        by such students' communities and the Nation, which can 
        ill afford to lose such students' skills, talents, and 
        vitality.
          [(6) While use of illegal drugs is a serious problem 
        among a minority of teenagers, alcohol use is far more 
        widespread. The proportion of high school students 
        using alcohol, though lower than a decade ago, remains 
        unacceptably high. By the 8th grade, 70 percent of 
        youth report having tried alcohol and by the 12th 
        grade, about 88 percent have used alcohol. Alcohol use 
        by young people can and does have adverse consequences 
        for users, their families, communities, schools, and 
        colleges.
          [(7) Alcohol and tobacco are widely used by young 
        people. Such use can, and does, have adverse 
        consequences for young people, their families, 
        communities, schools, and colleges. Drug prevention 
        programs for youth that address only controlled drugs 
        send an erroneous message that alcohol and tobacco do 
        not present significant problems, or that society is 
        willing to overlook their use. To be credible, messages 
        opposing illegal drug use by youth should address 
        alcohol and tobacco as well.
          [(8) Every day approximately 3,000 children start 
        smoking. Thirty percent of all secondary school seniors 
        are smokers. Half of all new smokers begin smoking 
        before the age of 14, 90 percent of such smokers begin 
        before the age of 21, and the average age of the first 
        use of smokeless tobacco is under the age of 10. Use of 
        tobacco products has been linked to serious health 
        problems. Drug education and prevention programs that 
        include tobacco have been effective in reducing teenage 
        use of tobacco.
          [(9) Drug and violence prevention programs are 
        essential components of a comprehensive strategy to 
        promote school safety and to reduce the demand for and 
        use of drugs throughout the Nation. Schools and local 
        organizations in communities throughout the Nation have 
        a special responsibility to work together to combat the 
        growing epidemic of violence and illegal drug use and 
        should measure the success of their programs against 
        clearly defined goals and objectives.
          [(10) Students must take greater responsibility for 
        their own well-being, health, and safety if schools and 
        communities are to achieve the goals of providing a 
        safe, disciplined, and drug-free learning environment.

[SEC. 4003. PURPOSE.

  [The purpose of this title is to support programs to meet the 
seventh National Education Goal by preventing violence in and 
around schools and by strengthening programs that prevent the 
illegal use of alcohol, tobacco, and drugs, involve parents, 
and are coordinated with related Federal, State, 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 (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, early 
        intervention, rehabilitation referral, and education;
          [(3) States for development, training, technical 
        assistance, and coordination activities;
          [(4) public and private nonprofit organizations to 
        conduct training, demonstrations, and evaluation, and 
        to provide supplementary services for the prevention of 
        drug use and violence among students and youth; and
          [(5) institutions of higher education to establish, 
        operate, expand, and improve programs of school drug 
        and violence prevention, education, and rehabilitation 
        referral for students enrolled in colleges and 
        universities.

[SEC. 4004. FUNDING.

  [There are authorized to be appropriated--
          [(1) $630,000,000 for fiscal year 1995, and such sums 
        as may be necessary for each of the four succeeding 
        fiscal years, for State grants under subpart 1; and
          [(2) $25,000,000 for fiscal year 1995, and such sums 
        as may be necessary for each of the four succeeding 
        fiscal years, for national programs under subpart 2.

    [PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

   [Subpart 1--State Grants for Drug and Violence Prevention Programs

[SEC. 4011. RESERVATIONS AND ALLOTMENTS.

  [(a) Reservations.--From the amount made available under 
section 4004(a) 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 $1,000,000 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 part A of title I for the 
                preceding year (or, for fiscal year 1995 only, 
                sections 1005 and 1006 of this Act as such 
                sections were in existence on the day preceding 
                the date of enactment of the Improving 
                America's Schools Act of 1994) 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 two years of such allotment. Such 
        reallotments shall be made on the same basis as 
        allotments are made under paragraph (1).
          [(4) Definitions.--For the purpose of this 
        subsection--
                  [(A) the term ``State'' means each of the 50 
                States, the District of Columbia, and the 
                Commonwealth of Puerto Rico; and
                  [(B) the term ``local educational agency'' 
                includes educational service agencies and 
                consortia of such agencies.

[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) describes how funds under this subpart will be 
        coordinated with programs under this Act, the Goals 
        2000: Educate America Act, and other Acts, as 
        appropriate, in accordance with the provisions of 
        section 14306;
          [(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 prevalence 
        of drug use and violence by youth in schools and 
        communities;
          [(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 separately by such officer or agency, 
        respectively, but 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); and
          [(5) 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 statement of the State educational agency's 
        measurable goals and objectives for drug and violence 
        prevention and a description of the procedures such 
        agency will use for assessing and publicly reporting 
        progress toward meeting those goals and objectives;
          [(2) 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;
          [(3) a description of how the State educational 
        agency will use funds under section 4113(b);
          [(4) 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;
          [(5) an explanation of the criteria the State 
        educational agency will use to identify which local 
        educational agencies receive supplemental funds under 
        section 4113(d)(2)(A)(ii) and how the supplemental 
        funds will be allocated among such local educational 
        agencies; and
          [(6) a description of the procedures the State 
        educational agency will use to review applications from 
        local educational agencies under section 4115.
  [(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--
          [(1) a statement of the chief executive officer's 
        measurable goals and objectives for drug and violence 
        prevention and a description of the procedures to be 
        used for assessing and publicly reporting progress 
        toward meeting such goals and objectives;
          [(2) 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;
          [(3) 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;
          [(4) 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;
          [(5) a description of the special outreach activities 
        that will be carried out to maximize the participation 
        of community-based organizations of demonstrated 
        effectiveness which provide services in low-income 
        communities; and
          [(6) a description of how funds will be used to 
        support community-wide comprehensive drug and violence 
        prevention planning.
  [(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 
1995 a one-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 1995 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.--
          [(1) In general.--Except as provided in paragraph 
        (2), 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.
          [(2) Exception.--(A) If a State has, on or before 
        January 1, 1994, established an independent State 
        agency for the purpose of administering all of the 
        funds described in section 5121 of this Act (as such 
        section was in effect on the day preceding the date of 
        the enactment of the Improving America's Schools Act of 
        1994), then--
                  [(i) an amount equal to 80 percent of the 
                total amount allocated to such 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; and
                  [(ii) an amount equal to 20 percent of such 
                total amount shall be used by such independent 
                State agency for drug and violence prevention 
                activities in accordance with this section.
          [(B) Not more than 5 percent of the amount reserved 
        under subparagraph (A)(ii) may be used for 
        administrative costs of the independent State agency 
        incurred in carrying out the activities described in 
        such subparagraph.
          [(C) For purposes of this paragraph, the term 
        ``independent State agency'' means an independent 
        agency with a board of directors or a cabinet level 
        agency whose chief executive officer is appointed by 
        the chief executive officer of the State and confirmed 
        with the advice and consent of the senate of such 
        State.
  [(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) 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 
                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 programs for youth 
                violence and drug abuse prevention;
                  [(D) demonstration projects in drug and 
                violence prevention;
                  [(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.--A State educational agency may 
use not more than 4 percent of the amount reserved under 
subsection (a) for the administrative costs of carrying out its 
responsibilities under this part.
  [(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) Of the amount distributed 
        under paragraph (1), a State educational agency shall 
        distribute--
                  [(i) 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) 30 percent of such amount to local 
                educational agencies that the State educational 
                agency determines have the greatest need for 
                additional funds to carry out drug and violence 
                prevention programs authorized by this subpart.
          [(B) Where appropriate and to the extent consistent 
        with the needs assessment conducted by the State, not 
        less than 25 percent of the amount distributed under 
        subparagraph (A)(ii) for a fiscal year shall be 
        distributed to local educational agencies located in 
        rural and urban areas.
          [(C)(i) A State educational agency shall distribute 
        funds under subparagraph (A)(ii) to not more than 10 
        percent of the local educational agencies in the State, 
        or five such agencies, whichever is greater.
          [(ii) In determining which local educational agencies 
        have the greatest need for additional funds, the State 
        educational agency shall consider objective data such 
        as--
                  [(I) high rates of alcohol or drug use among 
                youth;
                  [(II) high rates of victimization of youth by 
                violence and crime;
                  [(III) high rates of arrests and convictions 
                of youth for violent or drug- or alcohol-
                related crime;
                  [(IV) the extent of illegal gang activity;
                  [(V) high incidence of violence associated 
                with prejudice and intolerance;
                  [(VI) high rates of referrals of youths to 
                drug and alcohol abuse treatment and 
                rehabilitation programs;
                  [(VII) high rates of referrals of youths to 
                juvenile court;
                  [(VIII) high rates of expulsions and 
                suspensions of students from schools; and
                  [(IX) high rates of reported cases of child 
                abuse and domestic violence.
  [(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 the local educational agencies 
determined by the State educational agency under subsection 
(d)(2)(C)(ii) to have the greatest need for additional funds.
  [(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(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) Law enforcement education partnerships.--A chief 
        executive officer shall use not less than 10 percent of 
        the 20 percent of the total amount described in 
        paragraph (1) for each fiscal year for law enforcement 
        education partnerships in accordance with subsection 
        (d).
          [(3) Administrative costs.--A chief executive officer 
        may use not more than 5 percent of the 20 percent of 
        the total amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
  [(b) Programs Authorized.--
          [(1) In general.--A chief executive officer shall use 
        funds made available under subsection (a)(1) for grants 
        to or contracts with parent groups, community action 
        and job training agencies, community-based 
        organizations, 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 (c) 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.
  [(c) Authorized Activities.--Grants and contracts under 
subsection (b) shall be used for programs and activities such 
as--
          [(1) disseminating information about drug and 
        violence prevention;
          [(2) training parents, law enforcement officials, 
        judicial officials, social service providers, health 
        service providers and community leaders about drug and 
        violence prevention, comprehensive health education, 
        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, 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 community-wide 
        violence and safety assessments and surveys;
          [(11) service-learning projects that encourage drug- 
        and violence-free lifestyles; and
          [(12) evaluating programs and activities assisted 
        under this section.
  [(d) Law Enforcement Education Partnerships.--A chief 
executive officer shall use funds under subsection (a)(2) to 
award grants to State, county or local law enforcement agencies 
(including district attorneys) in consortium with local 
educational agencies or community-based agencies for the 
purposes of carrying out drug abuse and violence prevention 
activities, such as--
          [(1) Project Drug Abuse Resistance Education and 
        other programs which provide classroom instruction by 
        uniformed law enforcement officials that is designed to 
        teach students to recognize and resist pressures to 
        experiment that influence such children to use 
        controlled substances or alcohol;
          [(2) Project Legal Lives and other programs in which 
        district attorneys provide classroom instruction in the 
        law and legal system which emphasizes interactive 
        learning techniques, such as mock trial competitions;
          [(3) partnerships between law enforcement and child 
        guidance professionals; and
          [(4) before- and after-school activities.

[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) 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) 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 drug and 
                violence prevention programs, projects, and 
                activities conducted within the boundaries of 
                the local educational agency;
                  [(ii) advise the local educational agency 
                regarding--
                          [(I) how best to coordinate such 
                        agency's activities under this subpart 
                        with other related programs, projects, 
                        and activities; and
                          [(II) the agencies that administer 
                        such programs, projects, and 
                        activities; and
                  [(iii) review program evaluations and other 
                relevant material and make recommendations 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) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence 
        prevention, which shall include a description of--
                  [(A) how the plan will be coordinated with 
                programs under this Act, the Goals 2000: 
                Educate America Act, and other Acts, as 
                appropriate, in accordance with the provisions 
                of section 14306;
                  [(B) the local educational agency's 
                measurable goals for drug and violence 
                prevention, and a description of how such 
                agency will assess and publicly report progress 
                toward attaining these goals;
                  [(C) how the local educational agency will 
                use its distribution under this subpart;
                  [(D) how the local educational agency will 
                coordinate such agency's programs and projects 
                with community-wide efforts to achieve such 
                agency's goals for drug and violence 
                prevention; and
                  [(E) how the local educational agency will 
                coordinate such agency's programs and projects 
                with other Federal, State, and local programs 
                for drug-abuse prevention, including health 
                programs; and
          [(3) 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 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)(2) and the 
        extent to which such plan is coordinated with programs 
        under this Act, the Goals 2000: Educate America Act, in 
        accordance with the provisions of section 14306.
          [(B) 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 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 employees;
                  [(B) prevent violence and promote school 
                safety; and
                  [(C) create a disciplined environment 
                conducive to learning; and
          [(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.
  [(b) Authorized Activities.--A comprehensive drug and 
violence prevention program carried out under this subpart may 
include--
          [(1) age-appropriate, developmentally based drug 
        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, promote a sense of individual 
        responsibility, and provide information about effective 
        techniques for resisting peer pressure to use illegal 
        drugs;
          [(2) programs of drug prevention, comprehensive 
        health education, 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 prevention;
                  [(B) the professional development 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;
                          [(ii) early intervention activities 
                        that prevent family dysfunction, 
                        enhance school performance, and boost 
                        attachment to school and family; and
                          [(iii) 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;
          [(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 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;
          [(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) acquiring and installing metal detectors and 
        hiring security personnel;
          [(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) drug abuse resistance education programs, 
        designed to teach students to recognize and resist 
        pressures to use alcohol or other drugs, which may 
        include activities such as classroom instruction by 
        uniformed law enforcement officers, resistance 
        techniques, resistance to peer pressure and gang 
        pressure, and provision for parental involvement; and
          [(10) the evaluation of any of the activities 
        authorized under this subsection.
  [(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) Administrative Provisions.--Notwithstanding any other 
provisions of law, any funds expended prior to July 1, 1995, 
under part B of the Drug-Free Schools and Communities Act of 
1986 (as in effect prior to enactment of the Improving 
America's Schools Act) for the support of a comprehensive 
school health program shall be deemed to have been authorized 
by part B of such Act.

[SEC. 4117. EVALUATION AND REPORTING.

  [(a) National Impact Evaluation.--
          [(1) Biennial evaluation.--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 conduct 
        an independent biennial evaluation of the national 
        impact of programs assisted under this subpart and of 
        other recent and new initiatives to combat violence in 
        schools and submit a report of the findings of such 
        evaluation to the President and the Congress.
          [(2) Data collection.--(A) The National Center for 
        Education Statistics shall collect data to determine 
        the frequency, seriousness, and incidence of violence 
        in elementary and secondary schools in the States. The 
        Secretary shall collect the data using, wherever 
        appropriate, data submitted by the States pursuant to 
        subsection (b)(2)(B).
          [(B) Not later than January 1, 1998, the Secretary 
        shall submit to the Congress a report on the data 
        collected under this subsection, together with such 
        recommendations as the Secretary determines 
        appropriate, including estimated costs for implementing 
        any recommendation.
  [(b) State Report.--
          [(1) In general.--By October 1, 1997, and every third 
        year 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; and
                  [(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.
          [(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 
                prevalence of drug use and violence by youth in 
                schools and communities; and
                  [(C) made readily available to the public.
  [(c) Local Educational Agency Report.--Each local educational 
agency receiving funds under this subpart shall submit to the 
State educational agency such information, and at such 
intervals, that the State requires to complete the State report 
required by subsection (b), including information on the 
prevalence of drug use and violence by youth in the schools and 
the community. Such information shall be made readily available 
to the public.

[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, the 
Chair of the Ounce of Prevention Council, 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 postsecondary 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 training 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 
        14701 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;
          [(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 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. 4123. HATE CRIME PREVENTION.

  [(a) Grant Authorization.--From funds made available to carry 
out this subpart under section 4004(1) 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.

  [For the purposes of 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) 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.
          [(6) School personnel.--The term ``school personnel'' 
        includes teachers, administrators, guidance counselors, 
        social workers, psychologists, nurses, librarians, and 
        other support staff who are employed by a school or who 
        perform services for the school on a contractual basis.

[SEC. 4132. MATERIALS.

  [(a) ``Wrong 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 
wrong and harmful.
  [(b) Curriculum.--The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part, 
but may evaluate the effectiveness of such curricula and other 
strategies in drug and violence prevention.

[SEC. 4133. PROHIBITED USES OF FUNDS.

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

[SEC. 4134. QUALITY RATING.

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

                      TITLE III--TECH FOR SUCCESS

SEC. 3001. SHORT TITLE.

  This title may be cited as the ``Tech for Success Act of 
2000''.

SEC. 3002. PURPOSE.

  The purposes of this title are as follows:
          (1) To provide assistance to states and localities 
        for implementing innovative technology initiatives 
        which lead to increased student academic achievement 
        and which may be evaluated for effectiveness and 
        replicated if successful.
          (2) To encourage the establishment or expansion of 
        initiatives, especially those involving public/private 
        partnerships, designed to increase access to 
        technology, particularly in high need local educational 
        agencies.
          (3) To promote initiatives which provide school 
        administrators and teachers with the capacity to 
        effectively utilize technology in ways which integrate 
        such technology with challenging State content and 
        student performance standards, through such means as 
        high quality professional development programs.
          (4) To support the development of electronic networks 
        and other innovative methods, such as distance 
        learning, of delivering challenging courses and 
        curricula for students who would otherwise not have 
        access to such courses and curricula, especially in 
        isolated regions.
          (5) To support the rigorous evaluation of programs 
        funded under this title, especially the impact of such 
        initiatives on student academic performance, and 
        ensuring timely information on the results of such 
        evaluations are widely accessible through electronic 
        means.
          (6) To support local efforts for the use of 
        technology to promote parent and family involvement in 
        education and communication among parents, teachers and 
        students.

                 PART A--TECH FOR SUCCESS GRANT PROGRAM

                     Subpart 1--General Provisions

SEC. 3101. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

  (a) In General.--There are authorized to be appropriated to 
carry out this part--
          (1) $731,305,000 for fiscal year 2000; and
          (2) such sums as may be necessary for each of the 5 
        succeeding fiscal years.
  (b) Allocation of Funds Between National and State and Local 
Initiatives.--Except as provided in subsection (c), the amount 
of funds made available under subsection (a) shall be allocated 
as follows:
          (1) Not less than 95 percent shall be made available 
        for State and local technology initiatives pursuant to 
        subpart 2.
          (2) Not more than 5 percent may be made available for 
        activities of the Secretary under subpart 3.
  (c) Continuation of Funding for Former Programs.--
          (1) In general.--Using funds made available under 
        subsection (a), the Secretary is authorized to continue 
        funding multiyear grants under this title (as in effect 
        prior to the enactment of the Education OPTIONS Act) 
        which were awarded prior to fiscal year 2001 for the 
        duration of the original grant period.
          (2) Reduction in amount available.--The amount of 
        funds allocated under subsection (b) between State and 
        local technology initiatives and activities of the 
        Secretary shall be reduced by the amount used by the 
        Secretary to continue funding former programs under 
        paragraph (1).

SEC. 3102. DEFINITIONS.

  For purposes of this part, the following definitions shall 
apply:
          (1) In this part and part B, the term ``distance 
        learning'' means the transmission of educational or 
        instructional programming to geographically dispersed 
        individuals and groups via telecommunications.
          (2) The term ``eligible local entity'' means--
                  (A) a high need local educational agency; or
                  (B) an eligible local partnership.
          (3) The term ``eligible local partnership'' means a 
        partnership that includes at least one high need local 
        educational agency and at least one--
                  (A) local educational agency that can 
                demonstrate that teachers in schools served by 
                that agency are using technology effectively in 
                their classrooms;
                  (B) institution of higher education;
                  (C) for-profit business or organization that 
                develops, designs, manufactures, or produces 
                technology products or services, or has 
                substantial expertise in the application of 
                technology;
                  (D) public or private non-profit organization 
                with demonstrated experience in the application 
                of educational technology; or
                  (E) local educational agency which has the 
                potential to become an exemplary model for 
                wide-scale adoption by other local educational 
                agencies on how to effectively integrate 
                technology and proven research-based teaching 
                practices which result in improvement in 
                classroom instruction in the core academic 
                subject areas, and the preparation of students 
                to meet challenging State content and student 
                performance standards.
          (4) The term ``emerging technologies'' means the 
        applications that can result from the development of 
        high-speed, broad band telecommunications networks and 
        more powerful computer systems.
          (5) The term ``high need local educational agency'' 
        means a local educational agency which serves an 
        elementary or secondary school located in an area--
                  (A) in which there is a high percentage of 
                individuals from families with incomes below 
                the poverty line, as defined by the Office of 
                Management and Budget and revised annually in 
                accordance with section 673(2) of the Community 
                Services Block Grant Act (42 U.S.C. 9902(2)); 
                or
                  (B) which is identified by the State as an 
                area with--
                          (i) limited access to advanced 
                        telecommunications services,
                          (ii) a high ratio of students to 
                        computers within the school, or
                          (iii) a high proportion of teachers 
                        who are not computer-proficient.
          (6) The term ``scientifically based research''--
                  (A) means the application of rigorous, 
                systematic, and objective procedures to obtain 
                valid knowledge relevant to education 
                technology; and
                  (B) shall include research which--
                          (i) employs systematic, empirical 
                        methods which draw on observation or 
                        experiment,
                          (ii) involves rigorous data analyses 
                        which are adequate to test the stated 
                        hypotheses and justify the general 
                        conclusions drawn,
                          (iii) relies on measurements or 
                        observational methods which provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations, and
                          (iv) has been accepted by a peer 
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.

        Subpart 2--State and Local Technology for Success Grants

SEC. 3111. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.

  (a) In General.--Except as otherwise provided in this 
subpart, each State shall be eligible to receive a grant under 
this subpart for a fiscal year in an allotment determined as 
follows:
          (1) 50 percent shall bear the same relationship to 
        the amount made available under section 3101(b)(1) for 
        such year as the amount such state received under part 
        A for title I for such year bears to the amount 
        received for such year under such part by all States.
          (2) 50 percent shall be determined on the basis of 
        the State's relative population of individuals age 5 
        through 17, as determined by the Secretary on the basis 
        of the most recent satisfactory data.
  (b) Reservation of Funds for Bureau of Indian Affairs and 
Outlying Areas.--Of the amount made available to carry out this 
subpart under section 3101(b)(1) for a fiscal year--
          (1) the Secretary shall reserve .305 percent (or 
        $2,125,000, whichever is greater) for the Secretary of 
        the Interior for programs under this subpart for 
        schools operated or funded by the Bureau of Indian 
        Affairs; and
          (2) the Secretary shall reserve .305 percent (or 
        $2,125,000, whichever is greater) to provide assistance 
        to the outlying areas.
  (c) Minimum Allotment.--The amount of any State's allotment 
under subsection (a) for any fiscal year may not be less than 
one-half of one percent of the amount made available under 
section 3101(b)(1) for such year.
  (d) Reallotment of Unused Funds.--If any State does not apply 
for an allotment under this subpart for a fiscal year, the 
Secretary shall reallot the amount of the State's allotment to 
the remaining States in accordance with this section.

SEC. 3112. USE OF ALLOTMENT BY STATE.

  (a) In General.--Except as provided in subsection (b), of the 
amount provided to a State from its allotment under section 
3111--
          (1) the State may use not more than 5 percent to 
        carry out activities under section 3115; and
          (2) not less than 95 percent shall be distributed to 
        local educational agencies by the State as follows:
                  (A) At least 80 percent shall be used for 
                activities described in section 3116, to be 
                distributed through a formula developed by the 
                State which shall target funds to high need 
                local educational agencies which have submitted 
                plans to the State under section 3114, and 
                which may (at the option of the State)--
                          (i) be the formula used by the State 
                        to award grants to local educational 
                        agencies under section 3132 (as in 
                        effect prior to the enactment of the 
                        Education OPTIONS Act); and
                          (ii) set a minimum amount that may be 
                        provided to any recipient.
                  (B) Not more than 20 percent shall be awarded 
                through a State-determined competitive process 
                to eligible local entities which have submitted 
                plans to the State under section 3114, to be 
                used to carry out activities consistent with 
                this part.
  (b) Continuation of Funding for Former Programs.--
          (1) In general.--From funds made available under this 
        subpart, a State is authorized to continue funding 
        multiyear grants awarded prior to fiscal year 2001 
        under section 3132 of this title (as in effect prior to 
        the enactment of the Education OPTIONS Act), for the 
        duration of the original grant period.
          (2) Reduction in amount available for other 
        activities.--The amount available for a State to use 
        under subsection (a) shall be reduced by the amount 
        used by the State to continue funding former programs 
        under paragraph (1).

SEC. 3113. STATE PLANS.

  (a) In General.--To be eligible to receive a grant under this 
subpart, a State shall submit a new or updated statewide, long-
range strategic educational technology plan to the Secretary at 
such time, in such manner, and containing such information as 
the Secretary may reasonably require.
  (b) Contents.--Each State plan submitted under this section 
shall include the following:
          (1) A description of how the State will use funds 
        provided under this subpart to improve the academic 
        achievement of all students and to improve the capacity 
        of all teachers to provide instruction in the State, 
        through the use of education technology.
          (2) A description of the State's goals for using 
        advanced technology to improve student achievement 
        aligned to challenging State content and student 
        performance standards, including a description of how 
        the State will take steps to ensure that all students 
        in the State, particularly those residing in districts 
        served by high need local educational agencies, will 
        have increased access to educational technology.
          (3) A description of the process the State will use 
        for the evaluation of the extent to which education 
        technology funded under this part has been successfully 
        integrated into teaching strategies and school 
        curriculum, has increased the ability of teachers to 
        teach, and has enabled students to meet challenging 
        State content and student performance standards.
          (4) A description of how the State will encourage the 
        development and utilization of innovative strategies 
        for the delivery of specialized or rigorous academic 
        courses and curricula through the use of technology and 
        distance learning, particularly for those areas of the 
        State which are isolated and which would not otherwise 
        have access to such courses and curricula.
          (5) An assurance that financial assistance provided 
        under this subpart shall supplement, not supplant, 
        State and local funds.
          (6) A description of how the State plans to ensure 
        that every teacher within a school funded under this 
        part will be computer-literate and proficient (as 
        determined by the State) by 2004.
  (c) Deemed Approval.--A State plan submitted to the Secretary 
under this section shall be deemed to be approved by the 
Secretary unless the Secretary makes a written determination 
prior to the expiration of the 90-day period which begins on 
the date the Secretary receives the application that the plan 
is in violation of the provisions of this part.
  (d) Disapproval.--The Secretary may issue a final disapproval 
of a State's application under this subpart only after giving 
the State notice and an opportunity for a hearing.
  (e) Dissemination of Information on State Plans.--The 
Secretary shall establish a process under which information on 
State plans under this subpart is made widely available to 
schools and the general public, including through dissemination 
on the Internet, in a timely and user-friendly manner.

SEC. 3114. LOCAL PLANS.

  (a) In General.--An applicant seeking to receive funds from a 
State under this subpart shall submit a new or updated long-
range local strategic educational technology plan consistent 
with the objectives of the statewide education technology plan 
described in section 3113(a) to the State at such time, in such 
manner, and accompanied by such information as the State may 
reasonably require.
  (b) Contents of Local Plan.--Each local plan described in 
this section shall include the following:
          (1) A description of how the applicant will use 
        Federal funds provided under this subpart to improve 
        the academic achievement of all students and to improve 
        the capacity of all teachers to provide instruction 
        through the use of education technology.
          (2) A description of the applicant's specific goals 
        for using advanced technology to improve student 
        achievement aligned to challenging State content and 
        student performance standards, including a description 
        of how the applicant will take steps to ensure that all 
        students in the local educational area (particularly 
        those in high poverty and high need schools) have 
        increased access to educational technology, and a 
        description of how such technology will be used to 
        improve the academic achievement for such students.
          (3) A description of how the applicant will promote--
                  (A) the utilization of teaching strategies 
                and curricula, based upon scientifically based 
                research, which effectively integrate 
                technology into instruction, leading to 
                improvements in student academic achievement as 
                measured by challenging State content and 
                student performance standards; and
                  (B) sustained and intensive, high quality 
                professional development, based upon 
                scientifically based research, which increases 
                teacher capacity to create improved learning 
                environments through the integration of 
                technology into instruction through proven 
                strategies and improved content as described in 
                subparagraph (A).
          (4) A description of how the applicant will integrate 
        technology across the curriculum and a time line for 
        such integration, including a description of how the 
        applicant will make effective use of new and emerging 
        technologies and teaching practices that are linked to 
        such emerging technologies to provide challenging 
        content and improved classroom instruction.
          (5) A description of how the applicant will 
        coordinate education technology activities funded under 
        this subpart, including (but not limited to) 
        professional development, with any such activities 
        provided under other Federal, State, and local 
        programs, including those authorized under title I, 
        title II, title VI, and (where applicable) the 
        Individuals with Disabilities Education Act and the 
        Carl D. Perkins Vocational and Technical Education Act 
        of 1998.
          (6) A description of the process the applicant will 
        use for the evaluation of the extent to which funds 
        provided under this subpart were effective in 
        integrating technology into school curriculum, 
        increasing the ability of teachers to teach, and 
        enabling students to meet challenging State content and 
        student performance standards.
          (7) If requested by the State--
                  (A) a description of how the applicant will 
                use funds provided under this subpart in a 
                manner which is consistent with any broad 
                education technology priorities which may be 
                established by the State consistent with this 
                part; and
                  (B) an assurance that any technology obtained 
                with funds provided under this subpart will 
                have compatibility and interconnectivity with 
                technology obtained with funds provided 
                previously under this title (as in effect prior 
                to the enactment of the Education OPTIONS Act).
          (8) A description of the applicant's Internet 
        filtering or blocking technology and related 
        enforcement policies.

SEC. 3115. STATE ACTIVITIES.

  (a) In General.--From funds made available under section 
3112(a)(1), a State shall carry out activities and assist local 
efforts to carry out the purposes of this part, which may 
include the following activities:
          (1) Developing or assisting applicants in the 
        development and utilization of innovative strategies to 
        deliver rigorous academic programs through the use of 
        technology and distance learning, and providing other 
        technical assistance to such applicants throughout the 
        State, with a priority to high need local educational 
        agencies.
          (2) Establishing or supporting joint public and 
        private initiatives to provide interest-free or reduced 
        loans for the acquisition of educational technology for 
        high need local educational agencies and students 
        attending schools within such districts.
          (3) Assisting applicants in providing sustained and 
        intensive high-quality professional development based 
        upon scientifically based research in the integration 
        of advanced technologies (including emerging 
        technologies) into curriculum and in using those 
        technologies to create new learning environments, 
        including training in the use of technology to--
                  (A) access data and resources to develop 
                curricula and instructional materials;
                  (B) enable teachers to use the Internet to 
                communicate with other teachers and to retrieve 
                web-based learning resources; and
                  (C) lead to improvements in classroom 
                instruction in the core academic subject areas, 
                which effectively prepare students to meet 
                challenging State content and student 
                performance standards.
          (4) Assisting applicants in providing all students 
        (including students from nontraditional populations, 
        students with disabilities, and students with limited 
        English proficiency) with access to educational 
        technology.
          (5) Establishing or expanding access to technology in 
        neighborhoods served by high need local educational 
        agencies, with special emphasis for access provided 
        through technology centers in partnership with 
        libraries and with the support of the private sector.
          (6) Developing enhanced performance measurement 
        systems to determine the effectiveness of education 
        technology programs funded under this subpart, 
        especially in determining the extent to which education 
        technology funded under this part has been successfully 
        integrated into teaching strategies and school 
        curriculum, has increased the ability of teachers to 
        teach, and has enabled students to meet challenging 
        State content and student performance standards.
  (b) Limitation on Administrative Costs.--Of the 5 percent of 
the State's allotment under section 3111 which may be used to 
carry out activities under this section, not more than 10 
percent may be used by the State for administrative costs.

SEC. 3116. LOCAL ACTIVITIES.

  (a) Professional Development.--A recipient of funds made 
available under section 3112(a)(2)(A) shall use not less than 
20 percent of such funds to provide sustained and intensive, 
high-quality professional development, based on scientifically 
based research, in the integration of advanced technologies 
(including emerging technologies) into curriculum and in using 
those technologies to create new learning environments, 
including training in the use of technology to--
          (1) access data and resources to develop curricula 
        and instructional materials;
          (2) enable teachers to use the Internet to 
        communicate with other teachers and retrieve web-based 
        learning resources; and
          (3) lead to improvements in classroom instruction in 
        the core academic subject areas, which effectively 
        prepare students to meet challenging State content and 
        student performance standards.
  (b) Other Activities.--In addition to the activities 
described in subsection (a), a recipient of funds made 
available under section 3112(a)(2)(A) shall use such funds to 
carry out other activities consistent with this part, which may 
include the following:
          (1) Adapting or expanding existing and new 
        applications of technology to enable teachers to 
        increase student academic achievement through the use 
        of teaching practices and advanced technologies which 
        are based upon scientifically based research and are 
        designed to prepare students to meet challenging State 
        content and student performance standards, and for 
        developing and utilizing innovative strategies to 
        deliver rigorous academic programs.
          (2) Developing, expanding, or acquiring education 
        technology as a means to improve the academic 
        achievement of all students.
          (3) The establishment or expansion of initiatives, 
        especially those involving public/private partnerships, 
        designed to increase access to technology, particularly 
        for high need local educational agencies.
          (4) Using technology to promote parent and family 
        involvement and support communications between parents, 
        teachers, and students.
          (5) Acquiring filtering, blocking, or other 
        technologies and activities which are designed to 
        protect students from harmful materials which may be 
        accessed on the Internet.
          (6) Using technology to collect, manage, and analyze 
        data to inform school improvement efforts.
          (7) Implementing enhanced performance measurement 
        systems to determine the effectiveness of education 
        technology programs funded under this subpart, 
        especially in determining the extent to which education 
        technology funded under this part has been successfully 
        integrated into teaching strategies and school 
        curriculum, has increased the ability of teachers to 
        teach, and has enabled students to meet challenging 
        State content and student performance standards.
          (8) Preparing one or more teachers in elementary, 
        middle, and secondary schools as technology leaders who 
        are provided with the means to serve as experts and 
        train other teachers in the effective use of 
        technology.
          (9) Establishing or expanding access to technology in 
        neighborhoods served by high need local educational 
        agencies, with special emphasis for access provided 
        through technology centers in partnership with 
        libraries and with the support of the private sector.
          (10) Carrying out a program under which the recipient 
        enters into an agreement with an entity for providing--
                  (A) one laptop computer for each child in the 
                third through twelfth grades in the school 
                district (in such installments over such period 
                of time as the recipient and entity may provide 
                in the agreement) ;
                  (B) training and ongoing support in the use 
                of such laptop computers for students, 
                teachers, and parents;
                  (C) hardware and software for such laptop 
                computers for instruction and professional 
                development; and
                  (D) assistance in using the technology 
                provided to incorporate State and local 
                academic goals into the curricula.
  (c) Internet Filtering.--
          (1) In general.--No funds made available under this 
        subpart to a local educational agency or elementary or 
        secondary school may be used to purchase computers used 
        to access the Internet, or to pay for direct costs 
        associated with accessing the Internet, unless such 
        agency or school has in place, on computers that are 
        accessible to minors, and during use by such minors, 
        technology which filters or blocks--
                  (A) material that is obscene;
                  (B) child pornography; and
                  (C) material harmful to minors.
          (2) Disabling during adult use.--An administrator, 
        supervisor, or other authority may disable the 
        technology described in paragraph (1) during use by an 
        adult, to enable unfiltered access for bona fide 
        research or other lawful purposes.
          (3) Rule of construction.--Nothing in this section 
        shall be construed to prohibit a local educational 
        agency or elementary or secondary school from filtering 
        or blocking materials other than those referred to in 
        subparagraph (A), (B), or (C) of paragraph (1).
          (4) Definitions.--
                  (A) Material harmful to minors.--The term 
                ``material harmful to minors'' has the meaning 
                given such term in section 231(e)(6) of the 
                Communications Act of 1934.
                  (B) Child pornography.--The term ``child 
                pornography'' has the meaning given such term 
                in section 2256(8) of title 18, United States 
                Code.
                  (C) Minor.--The term ``minor'' has the 
                meaning given such term in section 2256(1) of 
                title 18, United States Code.
          (5) Severability.--If any provision of this 
        subsection is held invalid, the remainder of such 
        subsection and this Act shall not be affected thereby.

               Subpart 3--National Technology Initiatives

SEC. 3121. NATIONAL TECHNOLOGY INITIATIVES.

  (a) In General.--Using funds made available under section 
3101(b)(2), the Secretary may carry out the following 
initiatives:
          (1) The funding of programs built upon scientifically 
        based research, which utilize technology in education, 
        through the competitive awarding of grants or 
        contracts, pursuant to a peer review process, to 
        States, local educational agencies (including eligible 
        local entities), institutions of higher education, and 
        public and private or nonprofit or for-profit agencies.
          (2) The provision of technical assistance to States, 
        local educational agencies, and other grantees under 
        this part (directly or through the competitive award of 
        grants or contracts) in order to assist such States, 
        local educational agencies, and other grantees to 
        achieve the purposes of this part.
          (3) Acting through the Office of Educational 
        Technology, the updating of the national long-range 
        educational technology plan developed pursuant to 
        section 3121 (as in effect prior to the enactment of 
        the Education OPTIONS Act) in accordance with the 
        requirements of such section, in order to promote the 
        purposes of this title and to ensure the coordination 
        of Federal efforts to promote the effective use of 
        educational technology.
  (b) Study of Use of Technology To Improve Academic 
Achievement.--Using funds made available under section 
3101(b)(2), the Secretary shall conduct an independent, long-
term study utilizing scientifically based research methods and 
control groups, on the effectiveness of the uses of educational 
technology on improving student academic achievement, and shall 
include in the study an identification of effective uses of 
educational technology that have a measurable positive impact 
on student achievement.
  (c) Priorities.--In funding initiatives under subsection (a), 
the Secretary shall place a priority on projects which--
          (1) develop innovative models using electronic 
        networks or other forms of distance learning to provide 
        challenging courses which are otherwise not readily 
        available to students in a particular school district, 
        particularly in rural areas; and
          (2) increase access to technology to those residing 
        in districts served by high need local educational 
        agencies.

SEC. 3122. REQUIREMENTS FOR RECIPIENTS OF FUNDS.

  (a) Application.--In order to receive a grant or contract 
under this subpart, an entity shall submit an application to 
the Secretary (at such time and in such form as the Secretary 
may require), and shall include in the application--
          (1) a description of the project proposed to be 
        carried out with the grant or contract and how it would 
        carry out the purposes of this subpart; and
          (2) a detailed plan for the independent evaluation of 
        the project built upon scientifically based research 
        principles to determine the impact on the academic 
        achievement of students served under such project, as 
        measured by challenging State content and student 
        performance standards.
  (b) 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 subpart to share in the cost of the 
        activities assisted under such grant or contract, which 
        may be in the form of cash or in-kind contributions 
        fairly valued.
          (2) Increase.--The Secretary may increase the non-
        Federal share required of a recipient of a grant or 
        contract under this subpart after the first year such 
        recipient receives funds under such grant or contract.
          (3) Maximum.--The non-Federal share required under 
        this subsection may not exceed 50 percent of the cost 
        of the activities assisted pursuant to a grant or 
        contract under this subpart.
          (4) Notice.--The Secretary shall publish in the 
        Federal Register the non-Federal share required under 
        this subsection.

SEC. 3123. EVALUATION AND DISSEMINATION.

  (a) Evaluation Authority.--In order to identify effective 
uses of educational technology that have a measurable positive 
impact on student achievement, the Secretary shall--
          (1) develop tools and provide resources, including 
        technical assistance, for recipients of funds under 
        this subpart to effectively evaluate their activities; 
        and
          (2) conduct independent evaluations of the activities 
        assisted under this subpart.
  (b) Post-Grant Evaluation Information and Dissemination.--
          (1) In general.--The Secretary shall establish a 
        process under which information on each project funded 
        with a grant or contract under this subpart is made 
        widely available to schools and the general public, 
        including through dissemination on the Internet, in a 
        timely and user-friendly manner.
          (2) Specific information required.--The information 
        made available and disseminated under paragraph (1) 
        shall at a minimum include the following:
                  (A) Upon the awarding of such a grant or 
                contract under this subpart, the identification 
                of the grant or contract recipient, the amount 
                of the grant or contract, the stated goals of 
                the grant or contract, the methods by which the 
                grant or contract will be evaluated in meeting 
                such stated goals, and the timeline for meeting 
                such goals.
                  (B) Not later than 12 months after the 
                awarding of such a grant or contract, 
                information on the progress of the grant or 
                contract recipient in carrying out the grant or 
                contract, including a detailed description of 
                the use of the funds provided, the extent to 
                which the stated goals have been reached, and 
                the results (or progress of) the evaluation of 
                the project, meeting the requirements of 
                scientifically based research, funded under the 
                grant or contract.
                  (C) Not later than 24 months after the 
                awarding of such a grant or contract (and 
                updated thereafter as appropriate), a follow up 
                to the information described in subparagraph 
                (B).

                   PART B--READY TO LEARN TELEVISION

SEC. 3201. PROGRAM AUTHORIZED.

  (a) In General.--The Secretary is authorized to award grants 
to or enter into contracts or cooperative agreements with 
eligible entities described in subsection (c) to--
          (1) develop, produce, and distribute educational and 
        instructional video programming for preschool and 
        elementary school children and their parents in order 
        to facilitate student academic achievement;
          (2) facilitate the development (directly or through 
        contracts with producers of children and family 
        educational television programming) of educational 
        programming for preschool and elementary school 
        children and accompanying support materials and 
        services that directly promote the effective use of 
        such programming;
          (3) facilitate the development of programming and 
        digital content especially designed for nationwide 
        distribution over digital broadcasting channels and the 
        Internet, containing Ready to Learn-based children's 
        programming and resources for parents and caregivers;
          (4) enable such entities to contract with other 
        entities (such as public telecommunications entities) 
        so that programs funded under this section are 
        disseminated and distributed by the most appropriate 
        distribution technologies to the widest possible 
        audience appropriate to be served by the programming; 
        and
          (5) develop and disseminate training and support 
        materials, including interactive programs and programs 
        adaptable to distance learning technologies which are 
        designed to--
                  (A) promote school readiness; and
                  (B) promote the effective use of programming 
                developed under paragraphs (2) and (3) among 
                parents, Head Start providers, Even Start and 
                providers of family literacy services, child 
                care providers, early childhood development 
                personnel, and elementary school teachers, 
                public libraries, and after school program 
                personnel caring for preschool and elementary 
                school children.
  (b) Availability.--In making grants, contracts, or 
cooperative agreements under this section, the Secretary shall 
ensure that recipients increase the effective use of the 
programming funded under this section by making it widely 
available with support materials as appropriate to young 
children, their parents, child care workers, Head Start 
providers, and Even Start and providers of family literacy 
services.
  (c) Eligible Entities Described.--In this part, an ``eligible 
entity'' means a nonprofit entity (including a public 
telecommunications entity) which is able--
          (1) to demonstrate a capacity for the development and 
        national distribution of educational and instructional 
        television programming of high quality which is 
        accessible by a large majority of disadvantaged 
        preschool and elementary school children; and
          (2) to demonstrate--
                  (A) a capacity to contract with the producers 
                of children's television programming for the 
                purpose of developing educational television 
                programming of high quality which is accessible 
                by a large majority of disadvantaged preschool 
                and elementary school children, and
                  (B) consistent with the entity's mission and 
                nonprofit nature, a capacity to negotiate such 
                contracts in a manner which returns to the 
                entity an appropriate share of any ancillary 
                income from sales of any program-related 
                products.
  (d) Cap on Administrative Costs.--An entity receiving a 
grant, contract, or cooperative agreement from the Secretary 
under this section may not use more than 5 percent of the 
amounts received under the grant, contract, or cooperative 
agreement for the expenses of administering the grant, 
contract, or cooperative agreement.
  (e) Coordination of Activities.--An entity receiving a grant, 
contract, or cooperative agreement from the Secretary under 
this section shall work with the Secretary and the Secretary of 
Health and Human Services to--
          (1) maximize the utilization by preschool and 
        elementary school children of the programming funded 
        under this section and to make such programming widely 
        available to federally funded programs serving such 
        populations; and
          (2) coordinate with Federal programs that have major 
        training components for early childhood development 
        (including Head Start, Even Start, family literacy 
        services, and State training activities funded under 
        the Child Care Development Block Grant Act of 1990) 
        regarding the availability and utilization of materials 
        developed with funds provided under this section to 
        enhance parent and child care provider skills in early 
        childhood development and education.

SEC. 3202. APPLICATIONS.

  Any 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. 3203. REPORTS AND EVALUATION.

  (a) Annual Report by Grant Recipients to Secretary.--Each 
entity receiving funds under section 3201 shall prepare and 
submit to the Secretary an annual report which contains such 
information as the Secretary may require. At a minimum, the 
report shall describe the program activities undertaken with 
funds received under such section, including information 
regarding--
          (1) the programming that has been developed directly 
        or indirectly by the entity and the target population 
        of the programs developed;
          (2) the support and training materials that have been 
        developed to accompany the programming and the method 
        by which such materials are distributed to consumers 
        and users of the programming;
          (3) the means by which the programming has been 
        distributed, including the distance learning 
        technologies that have been utilized to make 
        programming available and the geographic distribution 
        achieved through such technologies; and
          (4) the initiatives undertaken by the entity to 
        develop public-private partnerships to secure non-
        Federal support for the development and distribution 
        and broadcast of educational and instructional 
        programming.
  (b) Report to Congress.--The Secretary shall prepare and 
submit to the relevant committees of Congress a biannual report 
on the activities funded and carried out under this part, and 
shall include in the report--
          (1) a summary of the programming developed using 
        funds provided under section 3201; and
          (2) a description of the training materials developed 
        using funds provided under section 3201, the manner in 
        which outreach has been conducted to inform parents and 
        child care providers of the availability of such 
        materials, and the manner in which such materials have 
        been distributed.

SEC. 3204. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
part $16,000,000 for fiscal year 2000, and such sums as may be 
necessary for each of the 5 succeeding fiscal years. Not less 
than 60 percent of the amounts authorized to be appropriated 
under this section for any fiscal year shall be used to carry 
out paragraphs (2) and (3) of section 3201(a).

                   PART C--TELECOMMUNICATIONS PROGRAM

SEC. 3301. PROGRAM AUTHORIZED.

  (a) In General.--The Secretary is authorized to carry out any 
of the following activities:
          (1) Awarding grants to a nonprofit telecommunications 
        entity (or a partnership of such entities) for the 
        purpose of carrying out a national telecommunications-
        based program to improve the teaching of core academic 
        subjects and to assist elementary and secondary school 
        teachers in preparing all students to achieve State 
        content standards.
          (2) Awarding grants to or entering into contracts or 
        cooperative agreements with a local public 
        telecommunications entity to develop, produce, and 
        distribute educational and instructional video 
        programming which is designed for use by elementary and 
        secondary school students, created for or adaptable to 
        State content standards, and capable of distribution 
        through digital broadcasting and school digital 
        networks.
  (b) Applications.--
          (1) In general.--Any telecommunications entity or 
        partnership of such entities desiring a grant under 
        this part shall submit an application to the Secretary.
          (2) Specific requirements for national 
        telecommunications-based program.--Each application for 
        a grant subsection (a)(1) shall--
                  (A) demonstrate that the applicant will use 
                the existing publicly funded telecommunications 
                infrastructure, the Internet, and school 
                digital networks (where available) to deliver 
                video, voice, and data in an integrated service 
                to train teachers in the use of materials and 
                learning technologies for achieving State 
                content standards;
                  (B) assure that the program for which 
                assistance is sought will be conducted in 
                cooperation with States as appropriate, local 
                educational agencies, and State or local 
                nonprofit public telecommunications entities;
                  (C) assure that a significant portion of the 
                benefits available for elementary and secondary 
                schools from the program for which assistance 
                is sought will be available to schools of local 
                educational agencies which have a high 
                percentage of children counted for the purpose 
                of part A of title I; and
                  (D) contain such additional assurances as the 
                Secretary may reasonably require.
  (c) Approval of Applications; Number of Demonstration 
Sites.--In approving applications under this section, the 
Secretary shall assure that--
          (1) the national telecommunications-based program 
        under subsection (a)(1) is conducted at elementary and 
        secondary school sites in at least 15 States; and
          (2) grants under subsection (a)(2) are awarded on a 
        competitive basis and for a period of 3 years to 
        entities which--
                  (A) enter into multiyear collaborative 
                arrangements for content development with State 
                educational agencies, local educational 
                agencies, institutions of higher education, 
                businesses, or other agencies and 
                organizations, and
                  (B) contribute non-Federal matching funds 
                (including funds provided for transitions to 
                digital broadcasting as well as in-kind 
                contributions) to the activities assisted with 
                the grant in an amount not less than 100 
                percent of the amount of the grant.

SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
part $8,500,000 for fiscal year 2000, and such sums as may be 
necessary for each of the 5 succeeding fiscal years.

  TITLE IV--SUPPORTING DRUG AND VIOLENCE PREVENTION AND EDUCATION FOR 
                        STUDENTS AND COMMUNITIES

SEC. 4001. SHORT TITLE.

  This title may be cited as the ``Supporting Drug and Violence 
Prevention and Education for Students and Communities Act of 
2000''.

SEC. 4002. FINDINGS.

  Congress finds as follows:
          (1) Students need drug-free and safe schools and 
        communities in order to maximize their academic 
        performance and their future opportunities.
          (2) Drug use among children ages 12 through 17 
        doubled from the historic low year of 1992, when 5.3 
        percent of youth in that age group were current users, 
        as compared to 11.4 percent in 1997. While youth use of 
        some drugs, including hallucinogens, has slightly 
        dropped since 1997, use of other drugs, such as 
        ecstasy, has increased in 1999 (up 1.1 percent in use 
        among 10th graders).
          (3) Drug use by youth increases the likelihood that a 
        child will be delinquent, engage in high-risk sexual 
        activity, not finish high school, and commit theft, 
        violence, and vandalism.
          (4) Drug use among rural youth is higher than that of 
        youth in large urban centers, and these rural youth 
        abuse quite serious drugs, including methamphetamine 
        and cocaine. Many rural communities have few resources 
        for helping youth avoid drug use.
          (5) Drug and violence prevention programs and 
        activities need to include efforts to prevent underage 
        use of tobacco and alcohol, and are more likely to 
        succeed when such efforts are included. Drug and 
        violence prevention research calls for aggressive 
        activities to prevent the use of these gateway drugs.
          (6) Students continue to face physical harm while at 
        school. From 1993 to 1997, between 7 to 8 percent of 
        students in grades 9 through 12 were threatened or 
        injured with a weapon on school property over a 12-
        month period. Roughly 12 percent of students in grades 
        9 through 12 reported being in a physical fight on 
        school property during a 12-month period between 1993 
        and 1997.
          (7) While schools statistically are one of the safest 
        places for youth, students report an increase in their 
        perception that they risk harm while at school, perhaps 
        partly due to the recent instances of extreme violence 
        in schools.
          (8) Drug and violence prevention programs that 
        incorporate ``protective factors'' tend to reduce drug 
        use and violence. Protective factors include a student 
        feeling connected to parents and family, practicing 
        religion and prayer, having parents present at key 
        times of the day, having high educational expectations, 
        feeling part of the school, and having high self-
        esteem.
          (9) After school programs, because they keep youth in 
        supervised settings, prevent drug use and violence at 
        least during the time of those programs. Research 
        indicates that the juvenile crime rate triples between 
        the hours of 3 p.m. and 6 p.m., and children in 
        particular are most likely to be victims of a violent 
        crime committed by a non-family member between 2 p.m. 
        and 6 p.m.

SEC. 4003. PURPOSE.

  The purpose of this title is to support programs that prevent 
the use of drugs, that prevent violence, that involve parents 
and communities, and that are coordinated with related Federal, 
State, and community efforts and resources to foster a learning 
environment in which students increase their academic 
achievement, through the provision of Federal assistance to--
          (1) States for grants to local educational agencies 
        and consortia of such agencies to establish, operate, 
        and improve local programs of drug and violence 
        prevention in elementary and secondary schools;
          (2) States for grants to, and contracts with, 
        community-based organizations and other public and 
        private nonprofit and for-profit agencies and 
        organizations for programs of drug and violence 
        prevention and education;
          (3) States for grants to local educational agencies, 
        community-based organizations, and private nonprofit 
        and for-profit organizations for before and after 
        school programs for youth and continuing educational 
        opportunities for individuals of all ages; and
          (4) public and private nonprofit and for-profit 
        organizations to conduct training, demonstrations, and 
        evaluations, and to provide supplementary services for 
        drug and violence prevention.

SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated--
          (1) $1,033,377,000 for fiscal year 2000, and such 
        sums as may be necessary for each of the five 
        succeeding fiscal years, for State grants under part A; 
        and
          (2) $20,000,000 for fiscal year 2000, and for each of 
        the five succeeding fiscal years, for national programs 
        under part B.

     PART A--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 part for each fiscal year, 
the Secretary--
          (1) shall reserve 0.5 percent (or $5,166,885, 
        whichever is greater) of such amount for grants under 
        this subpart to Guam, American Samoa, the United States 
        Virgin Islands, and the Commonwealth of the Northern 
        Mariana Islands, to be allotted in accordance with the 
        Secretary's determination of their respective needs; 
        and
          (2) shall reserve 0.5 (or $5,166,885, whichever is 
        greater) of such amount for the Secretary of the 
        Interior to carry out programs under this part for 
        Indian youth.
  (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 part A of title I for the 
                preceding year and the sum of such amounts 
                received by all the States.
          (2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less 
        than one-half of 1 percent of the total amount allotted 
        to all the States under this subsection.
  (c) Reallotment of Unused Funds.--If any State does not apply 
for an allotment under this subpart for a fiscal year, the 
Secretary shall reallot the amount of the State's allotment to 
the remaining States in accordance with this section.

SEC. 4112. WITHIN-STATE DISTRIBUTION.

  (a) Governor's Allocation.--
          (1) In general.--The chief executive officer of a 
        State may reserve not more than 10 percent of the total 
        amount allocated to a State under section 4111 for each 
        fiscal year for drug and violence prevention programs 
        and activities in accordance with section 4115.
          (2) Law enforcement education partnerships.--The 
        chief executive officer of a State shall use not less 
        than 10 percent and not more than 20 percent of the 
        amount described in paragraph (1) for each fiscal year 
        for law enforcement education partnerships in 
        accordance with section 4115(b)(3).
          (3) Administrative costs.--The chief executive 
        officer of a State may use not more than 3 percent of 
        the amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
          (4) Grant awards.--The chief executive officer of a 
        State shall use the remainder of funds not reserved 
        under paragraphs (2) and (3) to award competitive 
        grants and contracts for programs or activities that 
        improve comprehensive community-wide prevention efforts 
        or provide direct services to youth at the local level. 
        Such officer shall award grants based on--
                  (A) the quality of the activity or program 
                proposed; and
                  (B) how closely the program or activity is 
                aligned with the appropriate principles of 
                effectiveness described in section 4115(a).
  (b) State Funds.--
          (1) In general.--An amount equal to the total amount 
        allotted to a State under section 4111, less the amount 
        reserved under subsection (a) and paragraphs (2) and 
        (3) of this subsection, for each fiscal year shall be 
        made available to the State and its local educational 
        agencies for drug and violence prevention activities in 
        accordance with section 4115.
          (2) State activities.--A State shall use not more 
        than 2 percent of the amount available under paragraph 
        (1) for State activities described in section 4115(c).
          (3) State administration.--A State may use not more 
        than 2 percent of the amount made available under 
        paragraph (1) for the administrative costs of carrying 
        out its responsibilities under this part.
  (c) Distribution to Local Educational Agency.--
          (1) In general.--(A) A State shall distribute not 
        less than 96 percent of the amount made available under 
        subsection (b) for each fiscal year as follows:
                  (i) 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.
                  (ii) 30 percent of such amount to local 
                educational agencies that the State determines 
                have the greatest need for additional funds to 
                carry out drug and violence prevention programs 
                in accordance with subparagraph (B), a portion 
                of which shall be distributed in accordance 
                with subparagraph (F).
          (B) In awarding funds under clause (ii) of 
        subparagraph (A), a State shall give special 
        consideration to agencies that pursue a comprehensive 
        approach to drug and violence prevention by providing 
        or incorporating mental health services in their 
        programs.
          (C) Of the amount received under paragraph (1), a 
        local educational agency may use not more than 2 
        percent for the administrative costs of carrying out 
        its responsibilities under this part.
          (D) In determining which local educational agencies 
        have the greatest need for additional funds, a State 
        shall consider objective data such as--
                  (i) high rates of drug use among youth;
                  (ii) high rates of victimization of youth by 
                violence and crime;
                  (iii) high rates of arrests and convictions 
                of youth for violent or drug related crime;
                  (iv) high incidence of illegal gang activity;
                  (v) high rates of referrals of youths to drug 
                abuse treatment and rehabilitation programs;
                  (vi) high rates of referrals of youths to 
                juvenile court;
                  (vii) high rates of expulsions and 
                suspensions of students from schools;
                  (viii) high rates of reported cases of child 
                abuse and domestic violence;
                  (ix) local fiscal capacity to fund drug and 
                violence prevention activities and programs 
                without Federal assistance;
                  (x) high rates of drug related emergencies or 
                deaths;
                  (xi) high degree of geographically rural 
                isolation; and
                  (xii) local fiscal capacity to fund before 
                and after school activities for youth without 
                Federal assistance.
          (E) The distribution of funds shall reflect the 
        geographical diversity of local educational agencies in 
        the State.
          (F) Of the amount made available for distribution 
        under paragraph (2)(A)(ii), a State shall distribute 30 
        percent of such amount for grants to local educational 
        agencies in need of assistance to plan, implement, or 
        expand alternative education programs (which may 
        include in-school suspensions, Saturday school, 
        alternative schools within schools, charter schools 
        with a focus on alternative programs and services, and 
        alternative schools) giving priority to programs or 
        activities that serve students who have been suspended 
        or expelled from school. Such programs and services may 
        include--
                          (i) programs and activities designed 
                        to reduce the incidence of suspensions 
                        and expulsions;
                          (ii) mental health services;
                          (iii) behavior management, social 
                        skills instruction and other programs 
                        and activities designed to increase a 
                        student's sense of community, such as 
                        service learning and character 
                        education;
                          (iv) tutoring, mentoring, and other 
                        activities to improve academic 
                        performance;
                          (v) support services to help a 
                        student transition back into regular 
                        school programs; and
                          (vi) parental and family involvement 
                        activities.
          (2) Return of funds to state; reallocation.--
                  (A) Return.--Except as provided in 
                subparagraph (B), upon the expiration of the 1-
                year period beginning on the date that a local 
                educational agency receives its allocation--
                          (i) such agency shall return to the 
                        State any funds from such allocation 
                        that remain unobligated; and
                          (ii) the State shall reallocate any 
                        such amount to local educational 
                        agencies that have plans for using such 
                        amount for programs or activities on a 
                        timely basis.
                  (B) Carryover.--In any fiscal year, a local 
                educational agency, may retain for obligation 
                in the succeeding fiscal year--
                          (i) an amount equal to not more than 
                        25 percent of the allocation it 
                        received under this title for such 
                        fiscal year; or
                          (ii) upon a demonstration of good 
                        cause by such agency or consortium and 
                        approval by the State, an amount that 
                        exceeds 25 percent of such allocation.

SEC. 4113. STATE APPLICATION.

  (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) describes how funds under this subpart will be 
        coordinated with programs under this Act, and other 
        drug and violence prevention programs, as appropriate, 
        in accordance with the provisions of section 14306;
          (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 of drug use and violence by youth in 
        schools and communities;
          (3) contains assurances that the sections of the 
        application concerning the funds provided to the chief 
        executive officer and the State were developed in 
        consultation and coordination with appropriate State 
        officials and others, including the chief executive 
        officer, the chief State school officer, the head of 
        the State alcohol and drug abuse agency, the heads of 
        the State health and mental health agencies, the head 
        of the State criminal justice planning agency, the head 
        of the State child welfare agency, the head of the 
        State board of education, or their designees, and 
        representatives of parents, students, and community-
        based organizations, including religious organizations;
          (4) contains an assurance that the State will 
        cooperate with, and assist, the Secretary in conducting 
        data collection as required by section 4116;
          (5) contains an assurance that the chief executive 
        officer of the State and the chief State school officer 
        will coordinate program administration and activities 
        under this part and will coordinate with drug and 
        violence prevention efforts established by other State 
        agencies; and
          (6) contains an assurance that the local educational 
        agencies in the State will comply with the provisions 
        of section 14503 pertaining to the participation of 
        private school children and teachers in the programs 
        and activities under this part.
  (b) Governor's Application.--An application submitted under 
this section shall also contain a comprehensive plan for the 
use of funds under section 4115(b) by the chief executive 
officer that includes--
          (1) a statement of the chief executive officer's 
        performance measures for drug and violence prevention. 
        The chief executive officer's performance measures 
        shall consist of--
                  (A) performance indicators for drug and 
                violence prevention, and;
                  (B) levels of performance for each 
                performance indicator;
          (2) a description of the procedures to be used for 
        assessing and publicly reporting progress toward 
        meeting such performance measures;
          (3) a description of how the chief executive officer 
        will coordinate such officer's activities under this 
        part with the chief State school officer and with State 
        agencies and organizations involved with drug and 
        violence prevention efforts;
          (4) a description of how funds allocated under 
        section 4112(a) will be used--
                  (A) to enhance the efforts of other State 
                agencies and local educational agencies with 
                regard to the provision of school-based drug 
                and violence prevention efforts and services; 
                and
                  (B) to serve populations not normally served 
                by the State educational agency, such as school 
                dropouts and youth in detention centers;
          (5) a description of how the chief executive officer 
        will award funds under section 4115(b) in order to 
        support activities and programs that meet the 
        principles of effectiveness and a plan for monitoring 
        the performance of, and providing technical assistance 
        to, recipients of such funds;
          (6) a description of the special outreach activities 
        that will be carried out to maximize the participation 
        of community-based organizations, including religious 
        organizations;
          (7) a description of how funds will be used to 
        support community-wide comprehensive drug and violence 
        prevention planning, implementation strategies, and 
        programs, including before and after school and 
        continuing education programs; and
          (8) an assurance that drug prevention programs 
        supported under this part convey a clear and consistent 
        message that the use of drugs is wrong and harmful.
  (c) State Application.--The State shall include in its 
application a comprehensive plan for the use of funds under 
section 4115(c), including the following:
          (1) A statement of the State's performance measures 
        for drug and violence prevention that shall be 
        developed in consultation between the State and local 
        officials and that consist of--
                  (A) performance indicators for drug and 
                violence prevention; and
                  (B) levels of performance for each 
                performance indicator.
          (2) A description of the procedures the State will 
        use for assessing and publicly reporting progress 
        toward meeting those performance measures;
          (3) 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 
        4115(d); and
          (4) A description of how the State educational agency 
        will coordinate such agency's activities under this 
        part with the chief executive officer's drug and 
        violence prevention programs and with the drug and 
        violence prevention efforts of other State agencies.
  (d) General Approval.--A State application submitted to the 
Secretary under this title shall be deemed to be approved by 
the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 90-day period 
beginning on the date that the Secretary receives the 
application, that the application is in violation of this 
title.
  (e) Disapproval.--The Secretary shall not finally disapprove 
a State application, except after giving the State notice and 
opportunity for a hearing.

SEC. 4114. LOCAL EDUCATIONAL AGENCY APPLICATION.

  (a) In General.--In order to be eligible to receive a 
distribution under section 4112(c) for any fiscal year, a local 
educational agency shall submit, at such time as the State 
requires, an application to the State. Such an application 
shall be amended, as necessary, to reflect changes in the 
activities and programs of the local educational agency.
  (b) Development.--
          (1) Consultation.--A local educational agency shall 
        develop its application through timely and meaningful 
        consultation with a local or substate regional advisory 
        council, as described in subsection (c).
          (2) Design and development.--To ensure timely and 
        meaningful consultation, a local educational agency 
        shall, in accordance with subsection (c), establish and 
        consult with a local or substate regional advisory 
        council on issues regarding the design and development 
        of the program or activity, including efforts to meet 
        the principles of effectiveness described in section 
        4115(a). Such meetings with the advisory council shall 
        occur beginning at the initial stages of design and 
        development of the program or activity.
  (c) Advisory Council.--
          (1) Representation.--In establishing a local or 
        substate regional advisory council, the local 
        educational agency shall include, 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, private for-profit organizations, 
        religious organizations, and other groups with interest 
        and expertise in drug and violence prevention, 
        including before and after school and continuing 
        education programs.
          (2) Duties.--In addition to assisting the local 
        educational agency to develop an application under this 
        section, the advisory council shall, on an ongoing 
        basis--
                  (A) disseminate information about drug and 
                violence prevention programs and activities 
                conducted within the boundaries of the local 
                educational agency;
                  (B) advise the local educational agency 
                regarding--
                          (i) how best to coordinate such 
                        agency's activities under this part 
                        with other related drug and violence 
                        prevention strategies, programs, and 
                        activities; and
                          (ii) the agencies that administer 
                        such programs, projects, and 
                        activities; and
                  (C) review program and activity evaluations 
                and other relevant material and make 
                recommendations to the local educational agency 
                on how to improve such agency's drug and 
                violence prevention programs and activities.
  (d) Contents of Applications.--An application submitted by a 
local educational agency under this section shall contain--
          (1) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence 
        prevention, which shall include a description of--
                  (A) how the plan will be coordinated with 
                programs under this Act, and other Acts dealing 
                with drug and violence prevention, as 
                appropriate, in accordance with the provisions 
                of section 14306;
                  (B) the local educational agency's 
                performance measures for drug and violence 
                prevention, that shall consist of--
                          (i) performance indicators for drug 
                        and violence prevention; and
                          (ii) levels of performance for each 
                        performance indicator;
                  (C) how such agency will assess and publicly 
                report progress toward attaining its 
                performance measures;
                  (D) the drug and violence prevention activity 
                or program (including before and after school 
                programs and continuing education activities) 
                to be funded, including how the activity or 
                program will meet the principles of 
                effectiveness described in section 4115(a), and 
                the means of evaluating such activity or 
                program;
                  (E) how the local educational agency will 
                coordinate such agency's activities and 
                programs with community-wide efforts to achieve 
                such agency's performance measures for drug and 
                violence prevention;
                  (F) how the local educational agency will 
                coordinate such agency's activities and 
                programs with other Federal, State, and local 
                programs for youth drug and violence 
                prevention, including before and after school 
                programs and continuing education activities;
          (2) a certification that a meaningful assessment has 
        been conducted to determine community needs, available 
        resources in the private sector, and capacity in the 
        private sector, the findings of such assessments, and a 
        description of the mechanisms used to provide effective 
        notice to the community of an intention to submit an 
        application under this title;
          (3) an assurance that drug prevention programs 
        supported under this part convey a clear and consistent 
        message that the use of drugs is wrong and harmful; and
          (4) such other information and assurances as the 
        State may reasonably require.
  (e) Peer Review.--
          (1) In general.--In reviewing local applications 
        under this section, a State shall use a peer review 
        process or other methods of assuring the quality of 
        such applications.
          (2) Considerations.--(A) In determining whether to 
        approve the application of a local educational agency 
        under this section, a State shall consider the quality 
        of the local educational agency's comprehensive plan, 
        including the degree to which the principles of 
        effectiveness described in section 4115(a) are met.
          (B) General approval.--A local educational agency's 
        application submitted to the State under this title 
        shall be deemed to be approved by the State unless the 
        State makes a written determination, prior to the 
        expiration of the 90-day period beginning on the date 
        that the State receives the application, that the 
        application is in violation of this title.
          (C) Disapproval.--The State shall not finally 
        disapprove a local educational agency application, 
        except after giving such agency notice and opportunity 
        for a hearing.

SEC. 4115. AUTHORIZED ACTIVITIES.

  (a) Principles of Effectiveness.--
          (1) In general.--For a program or activity developed 
        pursuant to this part to meet the principles of 
        effectiveness, such program or activity shall--
                  (A) be based upon an assessment of objective 
                data--
                          (i) regarding the drug and violence 
                        problems in the elementary and 
                        secondary schools and communities to be 
                        served, including an objective analysis 
                        of the current conditions and 
                        consequences regarding drug use and 
                        violence, including delinquency and 
                        serious discipline problems, among 
                        students who attend such schools 
                        (including private school students who 
                        participate in the drug and violence 
                        prevention program) that is based on 
                        ongoing local assessment or evaluation 
                        activities;
                          (ii) regarding the current drug and 
                        violence prevention strategies, 
                        programs, and activities, including 
                        before and after school programs and 
                        continuing education activities, in 
                        such schools and communities; and
                          (iii) regarding student academic 
                        achievement and current programs and 
                        activities to increase student academic 
                        achievement;
                  (B) be based upon an established set of 
                performance measures aimed at ensuring that all 
                elementary and secondary schools and 
                communities served by the local educational 
                agency have a drug-free, safe, and orderly 
                learning environment; and
                  (C) be based upon scientifically based 
                research that provides evidence that the 
                program to be used will prevent or reduce drug 
                use and violence, including delinquency and 
                serious discipline problems among youth.
          (2) Periodic evaluation.--The program or activity 
        shall undergo a periodic evaluation to assess its 
        progress toward achieving its goals and objectives. The 
        results shall be used to refine, improve, and 
        strengthen the program, and to refine the performance 
        measures. The results shall also be made available to 
        the public upon request, with public notice of such 
        availability provided.
          (3) Waiver.--A local educational agency or community-
        based organization may apply to the State for a waiver 
        of the requirement of paragraph (1)(C) to allow 
        innovative activities or programs that demonstrate 
        substantial likelihood of success in drug and violence 
        prevention or in beneficially serving the community.
  (b) Governors' Activities.--
          (1) In general.--A chief executive officer of a State 
        shall use funds made available under section 4112(a) 
        for competitive grants or contracts with local 
        educational agencies, parent groups, community-based 
        organizations, religious organizations, and other 
        public entities and private organizations, including 
        for-profit organizations, and consortia thereof, 
        including community anti-drug coalitions--
                  (A) to support drug and violence prevention 
                strategies, programs, and activities, including 
                before and after school activities, continuing 
                education programs, and alternative education 
                activities, that provide comprehensive 
                community-wide prevention efforts or direct 
                services to prevent drug use and violence in 
                schools and communities; and
                  (B) to reward drug and violence prevention 
                programs of exceptional quality.
          (2) Considerations.--In making such grants and 
        contracts, a chief executive officer of a State--
                  (A) shall require that any program or 
                activity meet the principles of effectiveness;
                  (B) shall give priority to programs and 
                activities for populations that need special 
                services or additional resources (such as youth 
                in juvenile detention facilities, runaway or 
                homeless children and youth, pregnant and 
                parenting teenagers, and school dropouts); and
                  (C) may require partnerships between local 
                educational agencies and other groups or 
                organizations, including religious 
                organizations, in order to receive funds.
          (3) Required activities.--A chief executive officer 
        of a State shall use funds made available under section 
        4112(a)(2) to award grants to State, county or local 
        law enforcement agencies (including district attorneys) 
        in consortium with local educational agencies or 
        community-based agencies for the purposes of carrying 
        out drug and violence prevention activities, such as--
                  (A) programs that provide classroom 
                instruction by uniformed law enforcement 
                officials designed to teach students to 
                recognize and resist pressures to experiment 
                with drugs and that meet the principles of 
                effectiveness;
                  (B) programs in which district attorneys 
                provide classroom instruction in the law and 
                legal system, which emphasizes interactive 
                learning techniques such as mock trial 
                competitions; or
                  (C) partnerships between law enforcement and 
                child guidance professionals, which may include 
                mental health providers.
  (c) State Activities.--A State shall use the funds described 
in section 4112(b)(2) to plan, develop, and implement capacity 
building, technical assistance, accountability, program 
improvement services, and coordination activities for local 
educational agencies that are designed to support the 
implementation of drug and violence prevention programs, 
including before and after school programs and continuing 
education activities. A State may carry out these activities 
directly, or through grants and contracts.
  (d) Local Educational Agency Activities.--
          (1) Program requirements.--A local educational agency 
        shall use funds described in section 4112(c) to 
        develop, implement, and evaluate a comprehensive drug 
        and violence prevention program, which is coordinated 
        with other school and community-based services and 
        programs, that shall--
                  (A) be consistent with the principles of 
                effectiveness described in subsection (a);
                  (B) be designed to--
                          (i) prevent or reduce drug use or 
                        violence, including through the 
                        prevention of delinquency, serious 
                        discipline problems and poor academic 
                        performance; and
                          (ii) create a well disciplined 
                        environment conducive to learning, 
                        which includes consultation between 
                        teachers and school personnel to 
                        identify early warning signs of drug 
                        use and violence and to provide 
                        behavioral interventions as part of 
                        classroom management efforts;
                  (C) include activities to promote the 
                involvement of parents in the activity or 
                program, to promote coordination with community 
                groups and coalitions, including religious 
                organizations, and government agencies, and to 
                distribute information about the local 
                educational agency's needs, goals, and programs 
                under this part; and
                  (D) address before and after school 
                activities and continuing education needs of 
                youth and adults in the community.
          (2) Authorized activities.--Each local educational 
        agency, or consortium of such agencies, that receives a 
        subgrant under section 4112(c) may use such funds to 
        carry out youth drug and violence prevention 
        activities, including before and after school programs 
        and continuing education activities, in the elementary 
        and secondary schools and communities, such as--
                  (A) developmentally appropriate drug and 
                violence prevention programs that serve 
                students in both elementary and secondary 
                school and that incorporate a variety of 
                prevention strategies and activities, which may 
                include--
                          (i) teaching students that most 
                        people do not use drugs;
                          (ii) teaching students to recognize 
                        social and peer pressure to use drugs;
                          (iii) teaching students skills for 
                        resisting drug use;
                          (iv) engaging students in the 
                        learning process;
                          (v) using developmentally appropriate 
                        teaching materials;
                          (vi) incorporating activities in 
                        secondary schools that reinforce 
                        prevention activities implemented in 
                        elementary schools; and
                          (vii) involving families and 
                        communities in setting clear 
                        expectations against drug use and 
                        enforcing consequences for drug use;
                  (B) before and after school programs and 
                continuing education opportunities for 
                individuals of all ages, such as--
                          (i) integrated educational, 
                        recreational, or cultural programs, 
                        including curriculum based 
                        entrepreneurial education programs, 
                        remedial education programs, and 
                        extended learning programs;
                          (ii) literacy education programs 
                        (including family literacy services);
                          (iii) youth science education 
                        programs;
                          (iv) consumer, economic, and personal 
                        finance education programs;
                          (v) senior citizen and adult 
                        education programs (including programs 
                        for individuals who leave school before 
                        graduating from secondary school, 
                        regardless of the age of such 
                        individual);
                          (vi) parenting skills education 
                        programs;
                          (vii) educational children's day care 
                        services;
                          (viii) summer and weekend school 
                        programs in conjunction with recreation 
                        programs;
                          (ix) expanded library service hours 
                        to serve community needs;
                          (x) distance learning, technology, 
                        and Internet education programs for 
                        individuals of all ages;
                          (xi) educational services for 
                        individuals with disabilities;
                          (xii) peer resistance education; and
                          (xiii) arts and music education;
                  (C) training and development of school 
                personnel in youth drug and violence 
                prevention, including training in early 
                identification, intervention, and prevention of 
                threatening behavior;
                  (D) parental involvement and training in 
                youth drug and violence prevention, including 
                early identification of potential youth 
                violence;
                  (E) community involvement activities 
                pertaining to youth drug and violence 
                prevention;
                  (F) law enforcement and security activities, 
                including the acquisition and installation of 
                metal detectors and the hiring and training of 
                security personnel, that are related to youth 
                drug and violence prevention;
                  (G) comprehensive school security 
                assessments;
                  (H) creating and maintaining safe zones of 
                passage to and from school to prevent violence 
                and drug use and trafficking;
                  (I) counseling, mentoring, and referral 
                services, and other student assistance 
                practices and programs, including training of 
                teachers by school-based mental health service 
                providers in appropriate identification and 
                intervention techniques for disciplining and 
                teaching students at risk of violent behavior;
                  (J) services and activities that reduce the 
                need for suspension and expulsion in 
                maintaining classroom order and school 
                discipline;
                  (K) establishing and implementing a system 
                for transferring suspension and expulsion 
                records by a local educational agency to any 
                public or private elementary or secondary 
                school;
                  (L) allowing students attending unsafe public 
                elementary and secondary schools, as determined 
                by the State, to attend a safe public school, 
                including a public charter school, in the same 
                State as the unsafe public elementary and 
                secondary school, and allowing payment of 
                reasonable transportation costs for such 
                students;
                  (M) establishing or enhancing programs or 
                initiatives that improve academic achievement;
                  (N) the development and implementation of 
                character education and training programs that 
                reflect the values of parents, teachers, and 
                local communities, and incorporate elements of 
                good character, including honesty, citizenship, 
                courage, justice, respect, personal 
                responsibility, and trustworthiness;
                  (O) testing students for illegal drug use or 
                conducting student locker searches for illegal 
                drugs or drug paraphernalia;
                  (P) establishing of school uniform policies;
                  (Q) emergency intervention services following 
                traumatic crisis events, such as a shooting, 
                major accident, or a drug-related incident, 
                that has disrupted the learning environment;
                  (R) establishing and maintaining a school 
                violence hotline;
                  (S) conducting background checks of school 
                personnel;
                  (T) expanding and improving school-based 
                mental health services, including early 
                identification of drug use and violence, 
                assessment, and direct individual or group 
                counseling services provided to students, 
                parents, and school personnel by qualified 
                school based mental health services personnel;
                  (U) hiring and training coordinators of drug 
                and violence prevention programs serving 
                students in grades six through nine;
                  (V) mentoring and tutoring services for 
                students provided by senior citizen volunteers;
                  (W) alternative education programs or 
                services for students who have been expelled or 
                suspended from the regular educational 
                settings, including programs or services to 
                assist students to reenter the regular 
                education setting upon return from treatment or 
                alternative education programs; and
                  (X) partnerships between the courts and the 
                schools that address alternative education 
                programs.
                  (Y) the evaluation of any of the activities 
                authorized under this subsection.
          (3) School protection--Each local educational agency, 
        or consortium of such agencies, that receives a 
        subgrant under section 4112(c) and has reported 
        expulsions under part C during the past 3 years, may 
        develop a plan with local law enforcement agencies to 
        protect students and employees of public schools 
        against gun violence that may include, but not be 
        limited to, promoting the benefits of child safety 
        locks for firearms.
          (4) Study.--Each local educational agency, or 
        consortium of such agencies, that receives a subgrant 
        under section 4112(c) and has a high rate of 
        expulsions, as reported under part C, may use a portion 
        of its subgrant to study the effectiveness of promoting 
        the benefits of child safety locks for firearms with 
        the purpose of reducing the danger of firearms harming 
        public school students and employees.

SEC. 4116. EVALUATION AND REPORTING.

  (a) Data Collection.--
          (1) In general.--The National Center for Education 
        Statistics shall collect data for the following 
        purposes:
                  (A) To determine the frequency, seriousness, 
                and incidence of drug use by youth in schools 
                and communities in the States using, if 
                appropriate, data submitted by the States 
                pursuant to subsection (b).
                  (B) To determine the frequency, degree of 
                harm, and morbidity of violent incidents, 
                particularly firearm-related injuries and 
                fatalities, by youth in schools and communities 
                in the States, including information with 
                respect to--
                          (i) the relationship between victims 
                        and perpetrators;
                          (ii) demographic characteristics of 
                        victims and perpetrators; and
                          (iii) type and characteristic of the 
                        firearm used in the shooting.
          (2) Report.--The Secretary shall submit to the 
        Congress a report on the data collected under this 
        subsection.
  (b) State Report.--
          (1) In general.--Not later than October 1, 2003, and 
        every third year thereafter, the chief executive 
        officer of a State, in consultation with the State 
        educational agency, shall submit to the Secretary a 
        report on the implementation and outcomes of State and 
        local programs under section 4115.
          (2) Special rule.--The report required by this 
        subsection shall be--
                  (A) based on the State's ongoing evaluation 
                activities, and shall include data on the 
                prevalence of drug use and violence by youth in 
                schools and communities; and
                  (B) made available to the public upon 
                request, with public notice of such 
                availability provided.
  Local Educational Agency Report.--Each local educational 
agency receiving funds under this part shall submit to the 
State such information, and at such intervals, as the State 
reasonably requires to complete the State report required by 
subsection (b), including information on the prevalence of drug 
use and violence by youth in the schools and the community and 
the progress of the local educational agency toward meeting its 
performance measures. The report shall be made available to the 
public upon request, with public notice of such availability 
provided.

                       PART B--NATIONAL PROGRAMS

SEC. 4121. FEDERAL ACTIVITIES.

  (a) Program Authorized.--
          (1) In general.--From funds made available to carry 
        out this part 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, the Chair of the Ounce of Prevention 
        Council, 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 in elementary and secondary schools based on 
        the needs reported by States and local educational 
        agencies.
          (2) Coordination.--The Secretary shall carry out 
        programs described in paragraph (1) directly, or 
        through grants, contracts, or cooperative agreements 
        with public and private nonprofit and for-profit 
        organizations, including religious organizations, and 
        individuals, or through agreements with other Federal 
        agencies, and shall coordinate such programs with other 
        appropriate Federal activities.
          (3) Programs.--Programs described in paragraph (1) 
        may include--
                  (A) demonstrations and rigorous 
                scientifically based evaluations of innovative 
                approaches to drug and violence prevention 
                based on needs reported by State and local 
                educational agencies;
                  (B) the provision of information on drug 
                abuse education and prevention to the Secretary 
                of Health and Human Services for dissemination 
                by the clearinghouse for alcohol and drug abuse 
                information established under section 
                501(d)(16) of the Public Health Service Act; 
                and
                  (C) continuing technical assistance to chief 
                executive officers, State agencies, and local 
                educational agencies to build capacity to 
                develop and implement high-quality, effective 
                programs consistent with the principles of 
                effectiveness.
  (b) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for funds under this section.

SEC. 4122. NATIONAL CLEARINGHOUSE FOR AFTER SCHOOL PROGRAMS.

  From funds made available to carry this part under section 
4004(2), the Secretary, in consultation with the Secretary of 
Health and Human Services, through the Commissioner on 
Children, Youth, and Families, the Attorney General, and 
representatives with relevant experience from State child care 
agencies and child care resource and referral centers, shall 
establish a national clearinghouse to provide technical 
assistance regarding establishment and operation of after 
school programs and models of after school programs. The 
national clearinghouse shall be available to the public, 
including via Internet, and shall serve as a resource for child 
care organizations, communities, and individuals seeking to 
improve the quality and availability of after school programs.

                         PART C--GUN POSSESSION

SEC. 4131. GUN-FREE SCHOOL REQUIREMENTS.

  (a) Requirements.--
          (1) State law.--Each State receiving funds under this 
        Act shall have in effect a State law requiring each 
        local educational agency--
                  (A) to expel from school for a period of not 
                less than one year a student who is determined 
                to have brought a firearm to a school under the 
                jurisdiction of a local educational agency in 
                that State, except that such State law shall 
                allow the chief administering officer of such 
                local educational agency to modify such 
                expulsion requirement for a student on a case-
                by-case basis; and
                  (B) to have a policy requiring each 
                elementary and secondary school to refer to the 
                criminal justice or juvenile delinquency system 
                any student who brings a firearm to school.
          (2) Construction.--Nothing in this part shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
  (b) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
  (c) Application to State.--Each local educational agency 
requesting assistance from a State that is 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 (a); 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, including the number of children with 
                disabilities expelled from such school; and
                  (C) the type of firearm concerned.
  (d) Reporting.--Each State shall report the information 
described in subsection (b) to the Secretary on an annual 
basis.
  (e) Definitions.--For the purpose of this part--
          (1) the term ``firearm'' has the same meaning given 
        to such term under section 921(a)(3) of title 18, 
        United States Code; and
          (2) the term ``school'' does not include a home 
        school, regardless of whether a home school is treated 
        as a private school under State law.

                       PART D--GENERAL PROVISIONS

SEC. 4141. DEFINITIONS.

  For the purposes of this title, the following terms have the 
following meanings:
          (1) Community-based organization.--The term 
        ``community-based organization'' means a private 
        nonprofit organization that is representative of a 
        community or significant segments of a community and 
        that provides educational or related services to 
        individuals in the community.
          (2) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V in section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          (3) Drug.--The term ``drug'' includes controlled 
        substances; the illegal use of alcohol and tobacco; and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
          (4) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                  (A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or 
                education related to the illegal use of drugs;
                  (B) with respect to violence, the promotion 
                of school safety, such that students and school 
                personnel are free from violent and disruptive 
                acts, on school premises, going to and from 
                school, and at school-sponsored activities, 
                through the creation and maintenance of a 
                school environment that is free of weapons and 
                fosters individual responsibility and respect 
                for the rights of others; and
                  (C) with respect to before and after school 
                programs and continuing education activities, 
                educational activities for individuals of all 
                ages in the community that operate with a goal 
                of drug and violence prevention in the school 
                or community.
          (5) Local educational agency.--The term ``local 
        educational agency'' includes educational service 
        agencies and consortia of such agencies.
          (6) 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.
          (7) School-aged population.--The term ``school-aged 
        population'' means the population aged 5 through 17, as 
        determined by the Secretary on the basis of the most 
        recent satisfactory data available from the Department 
        of Commerce.
          (8) School based mental health services provider.--
        The term ``school based mental health services 
        provider'' includes a State licensed or State certified 
        school counselor, school psychologist, school social 
        worker, or other State licensed or certified mental 
        health professional qualified under State law to 
        provide such services to children and adolescents.
          (9) School personnel.--The term ``school personnel'' 
        includes teachers, administrators, guidance counselors, 
        social workers, psychologists, nurses, librarians, and 
        other support staff who are employed by a school or who 
        perform services for the school on a contractual basis.
          (10) Scientifically based research.--The term 
        ``scientifically based research''--
                  (A) means the application of rigorous, 
                systematic, and objective procedures to obtain 
                valid knowledge relevant to youth drug and 
                violence prevention activities and programs; 
                and
                  (B) shall include research that--
                          (i) employs systemic, empirical 
                        methods that draw on observation or 
                        experiment;
                          (ii) involves rigorous data analyses 
                        that are adequate to test the stated 
                        hypotheses and justify the general 
                        conclusions drawn;
                          (iii) relies on measurements or 
                        observational methods that provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations; and
                          (iv) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
          (11) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

SEC. 4142. MESSAGE AND MATERIALS.

  (a) ``Wrong and Harmful'' Message.--Drug prevention programs 
supported under this title shall convey a clear and consistent 
message that the use of drugs is wrong and harmful.
  (b) Curriculum.--The Secretary shall not prescribe the use of 
specific curricula for programs supported under this part.

SEC. 4143. REQUIRED POLICY.

  Each State educational agency and local educational agency 
that receives funds under this title shall have a policy that 
prohibits cigarette vending machines, and the illegal 
possession or use of drugs and alcohol, in any form, at any 
time, and by any person, in school buildings, on school 
grounds, or at any school-sponsored event.

SEC. 4144. PARENTAL CONSENT.

  Upon receipt of written notification from the parents or 
legal guardians of a student, the local educational agency 
shall withdraw such student from any program or activity funded 
under this title. The local educational agency shall make 
reasonable efforts to inform parents or legal guardians of the 
content of such programs or activities funded under this title, 
other than classroom instruction.

SEC. 4145. PROHIBITED USES OF FUNDS.

  No funds under this title may be used for--
          (1) construction (except for minor remodeling needed 
        to accomplish the purposes of this part);
          (2) medical services, drug treatment or 
        rehabilitation, except for pupil services or referral 
        to treatment for students who are victims of, or 
        witnesses to, use of drugs or crime; and
          (3) activities or programs that discriminate against 
        or denigrate the religious or moral beliefs of students 
        who participate in such activities or programs or of 
        the parents or legal guardians of such students.

SEC. 4146. 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 and 
        violence prevention programs implemented in public 
        elementary and secondary schools in the State in 
        accordance with subsection (b); and
          (2) to identify and designate, upon application by a 
        public elementary 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 
        and of violent occurrences by students enrolled in the 
        school over a period of time to be determined by the 
        chief executive officer of the State or the individual, 
        entity, or agency described in subsection (a), as the 
        case may be;
          (2) the rate of suspensions or expulsions of students 
        enrolled in the school for drug and violence offenses;
          (3) the effectiveness of the drug and violence 
        prevention program as proven by scientifically based 
        research;
          (4) the involvement of parents and community members 
        in the design of the drug and violence prevention 
        program; and
          (5) the extent of review of existing community drug 
        and violence prevention programs before implementation 
        of the public school program.
  (c) Request for Quality Program School Designation.--A school 
that wishes to receive a quality program school designation 
shall submit a request and documentation of compliance with 
this section to the chief executive officer of the State or the 
individual, entity, or agency described in subsection (a), as 
the case may be.
  (d) Public Notification.--Not less than once a year, the 
chief executive officer of each State or the individual, 
entity, or agency described in subsection (a), as the case may 
be, shall make available to the public a list of the names of 
each public school in the State that has received a quality 
program school designation in accordance with this section.

SEC. 4147. CONTINUATION AWARDS.

  From funds made available under section 4004(2), the 
Secretary is authorized to continue funding multi-year grants 
awarded prior to fiscal year 2001 under part I of title X, as 
such part was in effect on the day preceding the date of the 
enactment of the Education OPTIONS Act, or the Middle School 
Coordinator Initiative (as described in title III of the 
Department of Education Act, 2000, (as enacted into law by 
section 1004(a)(4) of Public Law 106-113) and prior 
appropriations Acts, prior to the date of the enactment of the 
Education OPTIONS Act for the duration of the original grant 
period.

SEC. 4148. GENERAL ACCOUNTING OFFICE REPORT.

  Not later than 1 year after the date of the enactment of the 
Education OPTIONS Act, the General Accounting Office shall 
transmit to Congress a report containing the following:
          (1) For each State, a description of the types of 
        after school programs that are available for students 
        in kindergarten through grade 12, including programs 
        sponsored by the Boys and Girls Clubs of America, the 
        Boy Scouts of America, the Girl Scouts of America, 
        YMCA's, private nonprofit and for-profit organizations, 
        and athletic and other programs operated by public 
        schools and other State and local agencies.
          (2) For 15 communities selected to represent a 
        variety of regional, population, and demographic 
        profiles, a detailed analysis of the after school 
        programs that are available for students in 
        kindergarten through grade 12, including programs 
        sponsored by the Boys and Girls Clubs of America, the 
        Boy Scouts of America, the Girl Scouts of America, 
        YMCA's, mentoring programs, athletic programs, and 
        programs operated by public schools, churches, day care 
        centers, parks, recreation centers, family day care, 
        community organizations, law enforcement agencies, 
        service providers, and for-profit and non-profit 
        organizations.
          (3) For each State, a description of significant 
        areas of unmet need in the quality and availability of 
        after school programs.
          (4) For each State, a description of barriers which 
        prevent or deter the participation of children in after 
        school programs.
          (5) A list of activities, other than after school 
        programs, in which students in kindergarten through 
        grade 12 participate when not in school, including 
        jobs, volunteer opportunities, and other non-school 
        affiliated programs.
          (6) An analysis of the value of the activities listed 
        pursuant to paragraph (5) relevant to the well-being 
        and educational development of students in kindergarten 
        through grade 12.

SEC. 4149. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE 
                    ORGANIZATIONS.

  (a) In General.--A State may administer and provide services 
under the programs and activities described in this title 
through grants and contracts with charitable, religious, or 
private organizations.
  (b) Religious Organizations.--The purpose of this section is 
to allow States to provide grants to or to contract with 
religious organizations on the same basis as any other 
nongovernmental provider without impairing the religious 
character of such organizations, and without diminishing the 
religious freedom of beneficiaries of assistance funded under 
such program.
  (c) Nondiscrimination Against Religious Organizations.--In 
the event a State exercises its authority under subsection (a), 
religious organizations are eligible, on the same basis as any 
other private organization, as grant recipients or contractors, 
to provide assistance under any program described in this title 
if the programs sponsored by such religious organization are 
implemented in a manner consistent with the Establishment 
Clause of the United States Constitution. Except as provided in 
subsection (i), neither the Federal Government, a State, nor a 
local educational agency receiving funds under this title shall 
discriminate against an organization that is or applies to be a 
contractor to provide assistance on the basis that the 
organization has a religious character.
  (d) Religious Character and Freedom.--
          (1) Religious organizations.--A religious 
        organization with a grant or contract under this title 
        shall retain its religious character and control over 
        the definition, development, practice, and expression 
        of its religious beliefs.
          (2) Additional safeguards.--Neither the Federal 
        Government, a State, nor local government shall require 
        a religious organization to--
                  (A) alter its form of internal governance; or
                  (B) remove religious art, icons, scripture, 
                or other symbols;
        in order to be eligible to receive a grant or contract 
        under this title.
  (e) Employment Practices.--A religious organization's 
exemption provided under section 702 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-1), regarding employment practices, shall 
not be affected by its participation in, or receipt of funds 
from, programs under this title.
  (f) Nondiscrimination Against Beneficiaries.--Except as 
otherwise provided in law, a religious organization shall not 
discriminate against an individual in regard to rendering 
assistance funded under any program described in this title on 
the basis of religion, a religious belief, or refusal to 
actively participate in a religious practice.
  (g) Fiscal Accountability.--
          (1) In general.--Except as provided in paragraph (2), 
        any religious organization receiving a grant or 
        contracting to provide assistance funded under any 
        program described in this title shall be subject to the 
        same regulations as other recipients or contractors to 
        account in accord with generally accepted auditing 
        principles for the use of such funds provided under 
        such programs.
          (2) Limited audit.--If such organization segregates 
        Federal funds provided under such programs into 
        separate accounts, then only the financial assistance 
        provided with such funds shall be subject to audit.
  (h) Limitations on Use of Funds for Certain Purposes.--No 
funds provided directly to institutions or organizations to 
provide services and administer programs under this Act shall 
be expended for sectarian worship, instruction, or 
proselytization.
  (i) Preemption.--Nothing in this section shall be construed 
to preempt any provision of a State constitution or State 
statute that prohibits or restricts the expenditure of State 
funds in or by religious organizations.
  (j) Protection for Beneficiaries.--A charitable, religious, 
or private organization shall not subject a participant during 
a program assisted under this title to sectarian worship, 
instruction, or proselytization.
  (k) Treatment of Religious Organizations.--For purposes of 
any Federal, State, or local law, receipt of financial 
assistance under this title shall constitute receipt of Federal 
financial assistance or aid.

SEC. 4150. DISCIPLINE OF CHILDREN WITH DISABILITIES.

  (a) Possession of Weapons.--
          (1) Authority of school personnel.--Each State 
        receiving funds under this Act shall require each local 
        educational agency to have in effect a policy under 
        which school personnel of such agency may discipline 
        (including expel or suspend) a child with a disability 
        who carries or possesses a weapon to or at a school, on 
        school premises, or to or at a school function, under 
        the jurisdiction of a State or a local educational 
        agency, in the same manner in which such personnel may 
        discipline a child without a disability. Such personnel 
        may modify the disciplinary action on a case-by-case 
        basis.
          (2) Rule of construction.--Nothing in paragraph (1) 
        shall be construed to prevent a child with a disability 
        who is disciplined pursuant to the authority provided 
        under paragraph (1) from asserting a defense that the 
        carrying or possession of the weapon was unintentional 
        or innocent.
          (3) Free appropriate public education.--
                  (A) Ceasing to provide education.--
                Notwithstanding any other provision of Federal 
                law, a child expelled or suspended under 
                paragraph (1) shall not be entitled to continue 
                educational services, including a free 
                appropriate public education, required under 
                Federal law during the term of such expulsion 
                or suspension, if the State in which the local 
                educational agency responsible for providing 
                educational services to such child does not 
                require a child without a disability to receive 
                educational services after being expelled or 
                suspended.
                  (B) Providing education.--Notwithstanding 
                subparagraph (A), the local educational agency 
                responsible for providing educational services 
                to a child with a disability who is expelled or 
                suspended under subparagraph (A) may choose to 
                continue to provide educational services or 
                mental health services to such child. If the 
                local educational agency so chooses to continue 
                to provide the services--
                          (i) nothing in any other provision of 
                        Federal law shall require the local 
                        educational agency to provide such 
                        child with any particular level of 
                        service; and
                          (ii) the location where the local 
                        educational agency provides the 
                        services shall be left to the 
                        discretion of the local educational 
                        agency.
          (4) Definition.--For purposes of this subsection, the 
        term ``weapon'' has the meaning given the term 
        ``dangerous weapon'' under paragraph (2) of subsection 
        (g) of section 930 of title 18, United States Code.
  (b) Dangerous Behavior.--
          (1) Authority of school personnel.--Each State 
        receiving funds under this Act shall require each local 
        educational agency to have in effect a policy under 
        which school personnel of such agency may discipline 
        (including expel or suspend) a child with a disability 
        who--
                  (A) knowingly possesses or uses illegal drugs 
                or sells or solicits the sale of a controlled 
                substance at a school, on school premises, or 
                to or at a school function, under the 
                jurisdiction of a State or a local educational 
                agency, or
                  (B) commits an aggravated assault or battery 
                (as defined under State or local law) at a 
                school, on school premises, or at a school 
                function, under the jurisdiction of a State or 
                a local educational agency,
        in the same manner in which such personnel may 
        discipline a child without a disability, consistent 
        with State and local law. Such personnel may modify the 
        disciplinary action on a case-by-case basis.
          (2) Rule of construction.--Nothing in paragraph (1) 
        shall be construed to prevent a child with a disability 
        who is disciplined pursuant to the authority provided 
        under paragraph (1)(A) from asserting a defense that 
        the possession or use of the illegal drugs (or sale or 
        solicitation of the controlled substance) was 
        unintentional or innocent.
          (3) Free appropriate public education.--
                  (A) Ceasing to provide education.--
                Notwithstanding any other provision of Federal 
                law, a child expelled or suspended under 
                paragraph (1) shall not be entitled to continue 
                educational services, including a free 
                appropriate public education, required under 
                Federal law during the term of such expulsion 
                or suspension, if the State in which the local 
                educational agency responsible for providing 
                educational services to such child does not 
                require a child without a disability to receive 
                educational services after being expelled or 
                suspended.
                  (B) Providing education.--Notwithstanding 
                subparagraph (A), the local educational agency 
                responsible for providing educational services 
                to a child with a disability who is expelled or 
                suspended under subparagraph (A) may choose to 
                continue to provide educational services or 
                mental health services to such child. If the 
                local educational agency so chooses to continue 
                to provide the services--
                          (i) nothing in any other provision of 
                        Federal law shall require the local 
                        educational agency to provide such 
                        child with any particular level of 
                        service; and
                          (ii) the location where the local 
                        educational agency provides the 
                        services shall be left to the 
                        discretion of the local educational 
                        agency.
          (4) Definitions.--For purposes of this subsection:
                  (A) Controlled substance.--The term 
                ``controlled substance'' shall have the same 
                meaning as the term is defined in section 4141.
                  (B) Illegal drug.--The term ``illegal drug'' 
                means a controlled substance, but does not 
                include such a substance that is legally 
                possessed or used under the supervision of a 
                licensed health-care professional or that is 
                legally possessed or used under any other 
                authority under the Controlled Substances Act 
                or under any other provision of Federal law.

           *       *       *       *       *       *       *


           [TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES

[SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.

  [(a) Findings.--The Congress finds that chapter 2 of title I 
of this Act (as such chapter was in effect on the day preceding 
the date of enactment of the Improving America's Schools Act of 
1994) has been successful in achieving the goals of increasing 
local flexibility, reducing administrative burden, providing 
services for private school students, encouraging innovation, 
and contributing to the improvement of elementary and secondary 
educational programs.
  [(b) Statement of Purpose.--It is the purpose of programs 
under this title--
          [(1) to support local education reform efforts which 
        are consistent with and support statewide reform 
        efforts under Goals 2000: Educate America Act;
          [(2) to support State and local efforts to accomplish 
        the National Education Goals;
          [(3) to provide funding to enable State and local 
        educational agencies to implement promising educational 
        reform programs;
          [(4) to provide a continuing source of innovation, 
        and educational improvement, including support for 
        library services and instructional and media materials; 
        and
          [(5) to meet the special educational needs of at risk 
        and high cost students.
  [(c) State and Local Responsibility.--The basic 
responsibility for the administration of funds made available 
under this title 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 
title 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. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.

  [(a) Authorization.--To carry out the purposes of this title, 
there are authorized to be appropriated $370,000,000 for fiscal 
year 1995 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, 1994, and ending September 30, 1999, the Secretary 
shall, in accordance with the provisions of this title, make 
payments to State educational agencies for the purpose of this 
title.

[SEC. 6003. DEFINITION.

  [For the purposes of this title the term ``effective schools 
programs'' means school-based programs that may encompass 
preschool through secondary school levels and that have the 
objectives of (1) promoting school-level planning, 
instructional improvement, and staff development, (2) 
increasing the academic achievement levels of all children and 
particularly educationally disadvantaged children, and (3) 
achieving as ongoing conditions in the school the following 
factors identified through effective schools research as 
distinguishing effective from ineffective schools:
          [(A) Strong and effective administrative and 
        instructional leadership that creates consensus on 
        instructional goals and organizational capacity for 
        instructional problem solving.
          [(B) Emphasis on the acquisition of basic and higher 
        order skills.
          [(C) A safe and orderly school environment that 
        allows teachers and pupils to focus their energies on 
        academic achievement.
          [(D) A climate of expectation that virtually all 
        children can learn under appropriate conditions.
          [(E) Continuous assessment of students and programs 
        to evaluate the effects of instruction.

                   [PART A--STATE AND LOCAL PROGRAMS

[SEC. 6101. ALLOTMENT TO STATES.

  [(a) Reservations.--From the sums appropriated to carry out 
this title in any fiscal year, the Secretary shall reserve not 
to exceed 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.--For purposes of this part:
          [(1) The term ``school-age population'' means the 
        population aged 5 through 17.
          [(2) The term ``States'' includes the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto 
        Rico.

[SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

  [(a) Distribution Rule.--From the sums made available each 
year to carry out this title, 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, nonprofit 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 which have 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 
        concentrationsof 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 title, 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) 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) The Secretary shall review criteria submitted by 
        a State educational agency for adjusting allocations 
        under paragraph (1) and shall approve such criteria 
        only if the Secretary determines that such criteria are 
        reasonably calculated to produce an adjusted allocation 
        that reflects the relative needs 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 6002 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 6202 the amount of such local educational 
        agency allocation as determined under subsection (a).
          [(2) Additional funds.--(A) 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) 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) 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.

                        [PART B--STATE PROGRAMS

[SEC. 6201. STATE USES OF FUNDS.

  [(a) Authorized Activities.--A State educational agency may 
use funds made available for State use under this title only 
for--
          [(1) State administration of programs under this 
        title 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 title;
          [(2) support for planning, designing, and initial 
        implementation of charter schools as described in part 
        C of title X; and
          [(3) 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 25 percent 
of funds available for State programs under this title in any 
fiscal year may be used for State administration under 
subsection (a)(1).

[SEC. 6202. 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 title;
          [(2)(A) provides for a biennial submission of data on 
        the use of funds, the types of services furnished, and 
        the students served under this title; and
          [(B) in fiscal year 1998 provides for an evaluation 
        of the effectiveness of programs assisted under this 
        title;
          [(3) sets forth the allocation of such funds required 
        to implement section 6402;
          [(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 assurance that, apart from technical 
        and advisory assistance and monitoring compliance with 
        this title, 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 6303;
          [(6) contains assurances that there is compliance 
        with the specific requirements of this title; 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.--Local educational agencies receiving less 
than an average of $5,000 each under this title shall not be 
audited more frequently than once every five years.

              [PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS

[SEC. 6301. TARGETED USE OF FUNDS.

  [(a) General Rule.--Funds made available to local educational 
agencies under section 6102 shall be used for innovative 
assistance described in subsection (b).
  [(b) Innovative Assistance.--The innovative assistance 
programs referred to in subsection (a) include--
          [(1) technology related to the implementation of 
        school-based reform programs, including professional 
        development to assist teachers and other school 
        officials regarding how to use effectively such 
        equipment and software;
          [(2) programs for the acquisition and use of 
        instructional and educational materials, including 
        library services and materials (including media 
        materials), assessments, reference materials, computer 
        software and hardware for instructional use, and other 
        curricular materials which are tied to high academic 
        standards and which will be used to improve student 
        achievement and which are part of an overall education 
        reform program;
          [(3) promising education reform projects, including 
        effective schools and magnet schools;
          [(4) programs to improve the higher order thinking 
        skills of disadvantaged elementary and secondary school 
        students and to prevent students from dropping out of 
        school;
          [(5) programs to combat illiteracy in the student and 
        adult population, including parent illiteracy;
          [(6) programs to provide for the educational needs of 
        gifted and talented children;
          [(7) school reform activities that are consistent 
        with the Goals 2000: Educate America Act;
          [(8) planning, designing, and initial implementation 
        of charter schools as described in part C of title X; 
        and
          [(9) school improvement programs or activities under 
        sections 1116 and 1117.

[SEC. 6302. ADMINISTRATIVE AUTHORITY.

  [In order to conduct the activities authorized by this title, 
each State or local educational agency may use funds reserved 
for this title 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. 6303. LOCAL APPLICATIONS.

  [(a) Contents of Application.--A local educational agency or 
consortium of such agencies may receive an allocation of funds 
under this title 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 6301 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 6402;
          [(2) describes how assistance under this title will 
        contribute to meeting the National Education Goals and 
        improving student achievement or improving the quality 
        of education for students;
          [(3) provide assurances of compliance with the 
        provisions of this title, including the participation 
        of children enrolled in private, nonprofit schools in 
        accordance with section 6402;
          [(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 agency under this title; and
          [(5) provides in the allocation of funds for the 
        assistance authorized by this title, and in the design, 
        planning and implementation of such programs, for 
        systematic consultation with parents of children 
        attending elementary and secondary schools in the area 
        served by the local educational agency, with teachers 
        and administrative personnel in such schools, and with 
        other groups involved in the implementation of this 
        title (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 title, a local educational 
agency shall have complete discretion in determining how funds 
under this part shall be divided among the areas of targeted 
assistance. In exercising such discretion, a local educational 
agency shall ensure that expenditures under this part carry out 
the purposes of this title and are used to meet the educational 
needs within the schools of such local educational agency.

               [PART D--GENERAL ADMINISTRATIVE PROVISIONS

[SEC. 6401.  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. 6402.  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 title or which serves the area in which a 
        program or project assisted under this title is located 
        who are enrolled in private nonprofit elementary and 
        secondary schools, or with respect to instructional or 
        personnel training programs funded by the State 
        educational agency from funds made available for State 
        use, such agency, after consultation with appropriate 
        private school officials, shall provide for the benefit 
        of such children in such schools secular, neutral, and 
        nonideological services, materials, and equipment, 
        including the participation of the teachers of such 
        children (and other educational personnel serving such 
        children) in training programs, and the repair, minor 
        remodeling, or construction of public facilities as may 
        be necessary for their provision (consistent with 
        subsection (c) of this section), or, if such services, 
        materials, and equipment are not feasible or necessary 
        in one or more such private schools as determined by 
        the local educational agency after consultation with 
        the appropriate private school officials, shall provide 
        such other arrangements as will assure equitable 
        participation of such children in the purposes and 
        benefits of this title.
          [(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 
        title.
          [(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 title 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 
title 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 title 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 title, 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 title, and a public agency shall administer such 
        funds and property.
          [(2) Provision of services.--The provision of 
        services pursuant to this title 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 title 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 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 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 title.
  [(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 title I of this Act (as such 
chapter was in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994) 
shall, to the extent consistent with the purposes of this 
title, apply to programs under this title.

[SEC. 6403. FEDERAL ADMINISTRATION.

  [(a) Technical Assistance.--The Secretary, upon request, 
shall provide technical assistance to State and local 
educational agencies under this title.
  [(b) Rulemaking.--The Secretary shall issue regulations under 
this title only to the extent that such regulations are 
necessary to ensure that there is compliance with the specific 
requirements and assurances required by this title.
  [(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 title 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.]

           TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES

SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.

  (a) Findings.--The Congress finds that this title--
          (1) provides flexibility to meet local needs;
          (2) promotes local and State education reforms;
          (3) contributes to the improvement of academic 
        achievement for all students.
          (4) provides funding for critical activities; and
          (5) provides services for private school students.
  (b) Statement of Purpose.--It is the purpose of programs 
under this title--
          (1) to provide funding to enable States and local 
        educational agencies to implement promising educational 
        reform programs and school improvement initiatives 
        based on scientifically based research;
          (2) to provide a continuing source of innovation and 
        educational improvement, including support for library 
        services and instructional and media materials; and
          (3) to meet the educational needs of all students, 
        including at risk students.
  (c) State and Local Responsibility.--The basic responsibility 
for the administration of funds made available under this title 
is within the States, 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 title 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.

                    PART A--STATE AND LOCAL PROGRAMS

SEC. 6101. ALLOTMENT TO STATES.

  (a) Reservations.--From the sums appropriated to carry out 
this title for any fiscal year, the Secretary shall reserve not 
to exceed 1 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 \1/2\ of 1 percent of such remainder.

SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

  (a) Distribution Rule.--
          (1) In general.--Subject to paragraph (2), from the 
        sums made available each year to carry out this title, 
        the State shall distribute not less than 85 percent to 
        local educational agencies within such State according 
        to the relative enrollments in public and private, 
        nonprofit schools within the jurisdictions of such 
        agencies, adjusted, in accordance with criteria 
        approved by the Secretary, to provide higher per-pupil 
        allocations to local educational agencies that have the 
        greatest numbers or percentages of children whose 
        education imposes a higher than average cost per child, 
        such as--
                  (A) children living in areas with high 
                concentrations of low-income families;
                  (B) children from low-income families; and
                  (C) children living in sparsely populated 
                areas.
          (2) Exception.--100 percent of any amount by which 
        the funds paid to a State under this title for a fiscal 
        year exceed the amount of such funds paid to the State 
        for fiscal year 2000 shall be distributed to local 
        educational agencies and used locally for innovative 
        assistance described in section 6301(b).
          (3) Limitation on administrative costs.--Not more 
        than 4 percent of the funds paid to a State under this 
        title for a fiscal year may be used by the agency for 
        administration and supervision of programs assisted 
        under this title.
  (b) Calculation of Enrollments.--
          (1) In general.--The calculation of relative 
        enrollments under subsection (a)(1) shall be on the 
        basis of the total of--
                  (A) the number of children enrolled in public 
                schools; and
                  (B) the number of children enrolled in 
                private nonprofit schools that desire that 
                their children participate in programs or 
                projects assisted under this title, 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)(1) shall be adjusted, in 
                accordance with criteria approved by the 
                Secretary under subparagraph (B), to provide 
                higher per-pupil allocations only to local 
                educational agencies that serve the greatest 
                numbers or percentages of--
                          (i) children living in areas with 
                        high concentrations of 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 for adjusting 
                allocations under paragraph (1) and shall 
                approve such criteria only if the Secretary 
                determines that such criteria are reasonably 
                calculated to produce an adjusted allocation 
                that reflects the relative needs 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 
        under this title for a fiscal year, a State shall 
        distribute to each eligible local educational agency 
        that has submitted an application as required in 
        section 6303 the amount of such local educational 
        agency's allocation, as determined under subsection 
        (a).
          (2) Additional funds.--
                  (A) In general.--Additional funds resulting 
                from higher per-pupil allocations provided to a 
                local educational agency on the basis of 
                adjusted enrollments of children described in 
                subsection (a)(1) may, in the discretion of the 
                local educational agency, be allocated for 
                expenditures to provide services for children 
                enrolled in public and private nonprofit 
                schools in direct proportion to the number of 
                children described in subsection (a)(1) and 
                enrolled in such schools within the local 
                educational agency.
                  (B) Election.--In any fiscal year, any local 
                educational agency that elects to allocate such 
                additional funds in the manner described in 
                subparagraph (A) shall allocate all additional 
                funds to schools within the local educational 
                agency in such manner.
                  (C) Construction.--Subparagraphs (A) and (B) 
                may not be construed to require any school to 
                limit the use of the additional funds described 
                in subparagraph (A) to the provision of 
                services to specific students or categories of 
                students.

                         PART B--STATE PROGRAMS

SEC. 6201. STATE USES OF FUNDS.

  A State may use funds made available for State use under this 
title only for--
          (1) State administration of programs under this title 
        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 title;
          (2) support for planning, designing, and initial 
        implementation of charter schools as described in part 
        C of title X; and
          (3) statewide education reform and school improvement 
        activities and technical assistance and direct grants 
        to local educational agencies which assist such 
        agencies under section 6301.

SEC. 6202. STATE APPLICATIONS.

  (a) Application Requirements.--Any State that desires to 
receive assistance under this title shall submit to the 
Secretary an application which--
          (1) provides for an annual statewide summary of how 
        assistance under this title is contributing toward 
        improving student achievement or improving the quality 
        of education for students;
          (2) sets forth the allocation of such funds required 
        to implement section 6402;
          (3) provides that the State will keep such records 
        and provide such information to the Secretary as may be 
        required for fiscal audit and program evaluation 
        (consistent with the responsibilities of the Secretary 
        under this section);
          (4) provides assurance that, apart from technical and 
        advisory assistance and monitoring compliance with this 
        title, the State has not exercised and will not 
        exercise any influence in the decisionmaking processes 
        of local educational agencies as to the expenditure 
        made pursuant to an application under section 6303;
          (5) contains assurances that there is compliance with 
        the specific requirements of this title; and
          (6) provides for timely public notice and public 
        dissemination of the information provided pursuant to 
        paragraph (2).
  (b) Statewide Summary.--The statewide summary referred to in 
subsection (a)(2) shall be submitted to the Secretary and shall 
be derived from the evaluation information submitted by local 
educational agencies to the State under section 6303(a)(8). The 
format and content of such summary shall be in the discretion 
of the State and may include statistical measures such as the 
number of students served by each type of innovative assistance 
described in subsection (b), including the number of teachers 
trained.
  (c) Period of Application.--An application filed by the State 
under subsection (a) shall be for a period not to exceed 3 
years, and may be amended annually as may be necessary to 
reflect changes without filing a new application.
  (d) Audit Rule.--Local educational agencies receiving less 
than an average of $5,000 each under this title shall not be 
audited more frequently than once every 5 years.

              PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS

SEC. 6301. TARGETED USE OF FUNDS.

  (a) General Rule.--Funds made available to local educational 
agencies under section 6102 shall be used for innovative 
assistance described in subsection (b).
  (b) Innovative Assistance.--The innovative assistance 
programs referred to in subsection (a) may include--
          (1) professional development activities and the 
        hiring of teachers, including activities consistent 
        with title II, that give teachers, principals, and 
        administrators the knowledge and skills to provide 
        students with the opportunity to meet challenging State 
        or local content standards and student performance 
        standards;
          (2) technology related to the implementation of 
        school-based reform programs, including professional 
        development to assist teachers and other school 
        officials regarding how to use effectively such 
        equipment and software;
          (3) programs for the development or acquisition and 
        use of instructional and educational materials, 
        including library services and materials (including 
        media materials), assessments, reference materials, 
        computer software and hardware for instructional use, 
        and other curricular materials which are tied to high 
        academic standards and which will be used to improve 
        student achievement and which are part of an overall 
        education reform program;
          (4) promising education reform projects, including 
        effective schools and magnet schools;
          (5) programs to improve the academic skills of 
        disadvantaged elementary and secondary school students 
        and to prevent students from dropping out of school;
          (6) programs to combat illiteracy in the student and 
        adult population, including parent illiteracy;
          (7) programs to provide for the educational needs of 
        gifted and talented children;
          (8) planning, designing, and initial implementation 
        of charter schools as described in part C of title X;
          (9) school improvement programs or activities under 
        sections 1116 and 1117;
          (10) education reform projects that provide single 
        gender schools and classrooms, as long as comparable 
        educational opportunities are offered for students of 
        both sexes;
          (11) community service programs that use qualified 
        school personnel to train and mobilize young people to 
        measurably strengthen their communities through 
        nonviolence, responsibility, compassion, respect, and 
        moral courage;
          (12) curriculum-based youth entrepreneurship 
        education programs with demonstrated records of 
        empowering disadvantaged youth with applied 
        mathematics, entrepreneurial, and other analytical 
        skills;
          (13) activities to promote consumer, economic, and 
        personal finance education, such as disseminating and 
        encouraging the best practices for teaching the basic 
        principles of economics and promoting the concept of 
        achieving financial literacy through the teaching of 
        personal financial management skills including the 
        basic principles involved with earning, spending, 
        saving, and investing;
          (14) public school choice;
          (15) expanding and improving school-based mental 
        health services, including early identification of drug 
        use and violence, assessment, and direct individual or 
        group counseling services provided to students, 
        parents, and school personnel by qualified school based 
        mental health services personnel; and
          (16) alternative educational programs for those 
        students who have been expelled or suspended from their 
        regular educational setting, including programs to 
        assist students to reenter the regular educational 
        setting upon return from treatment or alternative 
        educational programs.

SEC. 6302. ADMINISTRATIVE AUTHORITY.

  In order to conduct the activities authorized by this title, 
each State or local educational agency may use funds reserved 
for this title 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. 6303. LOCAL APPLICATIONS.

  (a) Contents of Application.--A local educational agency or 
consortium of such agencies may receive an allocation of funds 
under this title for any year for which an application is 
submitted to the State and such application is certified to 
meet the requirements of this section. The State shall certify 
any such application if such application--
          (1) describes locally identified needs relative to 
        the purposes of this title and to the innovative 
        assistance described in section 6301(b);
          (2) based on the needs identified in paragraph (1), 
        sets forth the planned allocation of funds among 
        innovative assistance programs described in section 
        6301 and describes the programs, projects, and 
        activities designed to carry out such innovative 
        assistance that the local educational agency intends to 
        support;
          (3) sets forth the allocation of such funds required 
        to implement section 6402;
          (4) describes how assistance under this title will 
        contribute to improving student academic achievement;
          (5) provides assurances of compliance with the 
        provisions of this title, including the participation 
        of children enrolled in private, nonprofit schools in 
        accordance with section 6402;
          (6) agrees to keep such records, and provide such 
        information to the State as reasonably may be required 
        for fiscal audit and program evaluation, consistent 
        with the responsibilities of the State under this 
        title;
          (7) provides in the allocation of funds for the 
        assistance authorized by this title, and in the design, 
        planning, and implementation of such programs, for 
        systematic consultation with parents of children 
        attending elementary and secondary schools in the area 
        served by the local educational agency, with teachers 
        and administrative personnel in such schools, and with 
        other groups involved in the implementation of this 
        title (such as librarians, school counselors, and other 
        pupil services personnel) as may be considered 
        appropriate by the local educational agency; and
          (8) provides assurance that--
                  (A) programs, services, and activities will 
                be evaluated annually;
                  (B) such evaluation will be used to determine 
                and implement appropriate changes in program 
                services and activities for the subsequent 
                year;
                  (C) such evaluation shall describe how 
                assistance under this title contributed toward 
                improving student academic achievement; and
                  (D) such evaluation shall be submitted to the 
                State in the time and manner requested by the 
                agency.
  (b) Period of Application.--An application filed by a local 
educational agency under subsection (a) shall be for a period 
not to exceed 3 fiscal years, may provide for the allocation of 
funds to programs for a period of 3 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 title, a local educational 
agency shall have complete discretion in determining how funds 
under this part shall be divided under section 6301. In 
exercising such discretion, a local educational agency shall 
ensure that expenditures under this part carry out the purposes 
of this title and are used to meet the educational needs within 
the schools of such local educational agency.

                       PART D--GENERAL PROVISIONS

SEC. 6401. 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 1 fiscal 
        year only, the requirements of this section if the 
        Secretary determines that such a waiver would be 
        equitable due to exceptional or uncontrollable 
        circumstances such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State.
  (b) Federal Funds Supplementary.--A State or local 
educational agency may use and allocate funds received under 
this 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. 6402. 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 title or which serves the area in which a 
        program or project assisted under this title is located 
        who are enrolled in private nonprofit elementary and 
        secondary schools, or with respect to instructional or 
        personnel training programs funded by the State from 
        funds made available for State use, such agency, after 
        consultation with appropriate private school officials, 
        shall provide for the benefit of such children in such 
        schools secular, neutral, and nonideological services, 
        materials, and equipment, including the participation 
        of the teachers of such children (and other educational 
        personnel serving such children) in training programs, 
        and the repair or minor remodeling of public facilities 
        as may be necessary for their provision (consistent 
        with subsection (c) of this section), or, 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 title.
          (2) Other provisions for services.--If no program or 
        project is carried out under paragraph (1) in the 
        school district of a local educational agency, the 
        State shall make arrangements, such as through 
        contracts with nonprofit agencies or organizations, 
        under which children in private schools in such 
        district are provided with services and materials to 
        the extent that would have occurred if the local 
        educational agency had received funds under this title.
          (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 title 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 
title 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 title 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 title, 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 title, and a public agency shall administer such 
        funds and property.
          (2) Provision of services.--The provision of services 
        pursuant to this title 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 
        title 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 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 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 title.
  (h) Review.--
          (1) Written objections.--The Secretary shall not take 
        any final action under this section until the State and 
        the local educational agency affected by such action 
        have had an opportunity, for not less than 45 days 
        after receiving written notice thereof, to submit 
        written objections and to appear before the Secretary 
        or the Secretary's designee to show cause why that 
        action should not be taken.
          (2) Court action.--If a State or local educational 
        agency is dissatisfied with the Secretary's final 
        action after a proceeding under paragraph (1), such 
        agency may, not later than 60 days after notice of such 
        action, file with the United States court of appeals 
        for the circuit in which such State is located a 
        petition for review of that action. A copy of the 
        petition shall be transmitted by the clerk of the court 
        to the Secretary. The Secretary thereupon shall file in 
        the court the record of the proceedings on which the 
        Secretary based this action, as provided in section 
        2112 of title 28, United States Code.
          (3) Remand to secretary.--The findings of fact by the 
        Secretary, if supported by substantial evidence, shall 
        be conclusive; but the court, for good cause shown, may 
        remand the case to the Secretary to take further 
        evidence and the Secretary may make new or modified 
        findings of fact and may modify the Secretary's 
        previous action, and shall file in the court the record 
        of the further proceedings. Such new or modified 
        findings of fact shall likewise be conclusive if 
        supported by substantial evidence.
          (4) Court review.--Upon the filing of such petition, 
        the court shall have jurisdiction to affirm the action 
        of the Secretary or to set such action aside, in whole 
        or in part. The judgment of the court shall be subject 
        to review by the Supreme Court of the United States 
        upon certiorari or certification as provided in section 
        1254 of title 28, United States Code.

SEC. 6403. FEDERAL ADMINISTRATION.

  (a) Technical Assistance.--The Secretary, upon request, shall 
provide technical assistance to States and local educational 
agencies under this title.
  (b) Rulemaking.--The Secretary shall issue regulations under 
this title only to the extent that such regulations are 
necessary to ensure that there is compliance with the specific 
requirements and assurances required by this title.
  (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 title shall become available for 
obligation on July 1 of such fiscal year and shall remain 
available for obligation until the end of the subsequent fiscal 
year.

SEC. 6404. DEFINITIONS.

  For purposes of this title:
          (1) Effective schools programs.--The term ``effective 
        schools programs'' means school-based programs that may 
        encompass preschool through secondary school levels and 
        that have the objectives of--
                  (A) promoting school-level planning, 
                instructional improvement, and staff 
                development;
                  (B) increasing the academic achievement 
                levels of all children and particularly 
                educationally disadvantaged children; and
                  (C) achieving as ongoing conditions in the 
                school the following factors identified through 
                scientifically based research as distinguishing 
                effective from ineffective schools:
                          (i) Strong and effective 
                        administrative and instructional 
                        leadership that creates consensus on 
                        instructional goals and organizational 
                        capacity for instructional problem 
                        solving.
                          (ii) Emphasis on the acquisition of 
                        basic and advanced academic skills.
                          (iii) A safe and orderly school 
                        environment that allows teachers and 
                        pupils to focus their energies on 
                        academic achievement.
                          (iv) Continuous review of students 
                        and programs to evaluate the effects of 
                        instruction.
          (2) School-age population.--The term ``school-age 
        population'' means the population aged 5 through 17.
          (3) Scientifically based research.--The term 
        ``scientifically based research''--
                  (A) means the application of rigorous, 
                systematic, and objective procedures to obtain 
                valid knowledge relevant to effective schools 
                programs; and
                  (B) shall include research that--
                          (i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                          (ii) involves rigorous data analyses 
                        that are adequate to test the stated 
                        hypotheses and justify the general 
                        conclusions drawn;
                          (iii) relies on measurements or 
                        observational methods that provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations; and
                          (iv) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
          (4) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

SEC. 6405. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title $365,750,000 for fiscal year 2000 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.

           *       *       *       *       *       *       *


              [TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE

             [PART A--FUND FOR THE IMPROVEMENT OF EDUCATION

[SEC. 10101. 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 education, assist all students to meet challenging 
State content standards and challenging State student 
performance standards, and contribute to achievement of the 
National Education Goals. 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.--
          [(1) In general.--Funds under this section may be 
        used for--
                  [(A) activities that will promote systemic 
                education reform at the State and local levels, 
                such as--
                          [(i) research and development related 
                        to challenging State content and 
                        challenging State student performance 
                        standards;
                          [(ii) the development and evaluation 
                        of model strategies for--
                                  [(I) assessment of student 
                                learning;
                                  [(II) professional 
                                development for teachers and 
                                administrators;
                                  [(III) parent and community 
                                involvement; and
                                  [(IV) other aspects of 
                                systemic reform;
                          [(iii) developing and evaluating 
                        strategies for eliminating ability-
                        grouping practices, and developing 
                        policies and programs that place all 
                        students on a college-preparatory path 
                        of study, particularly in academic 
                        fields such as mathematics, science, 
                        English, and social studies, including 
                        comprehensive inservice programs for 
                        teachers and pupil services personnel 
                        and academic enrichment programs that 
                        supplement regular courses for 
                        students;
                          [(iv) developing and evaluating 
                        programs that directly involve parents 
                        and family members in the academic 
                        progress of their children;
                          [(v) developing and evaluating 
                        strategies for integrating instruction 
                        and assessment such that teachers and 
                        administrators can focus on what 
                        students should know and be able to do 
                        at particular grade levels, which 
                        instruction shall promote the synthesis 
                        of knowledge, encourage the development 
                        of problem-solving skills drawing on a 
                        vast range of disciplines, and promote 
                        the development of higher order 
                        thinking by all students; and
                          [(vi) developing and evaluating 
                        strategies for supporting professional 
                        development for teachers across all 
                        disciplines and for pupil services 
                        personnel, guidance counselors, and 
                        administrators, including inservice 
                        training that improves the skills of 
                        pupil services personnel, counselors 
                        and administrators for working with 
                        students from diverse populations;
                  [(B) demonstrations at the State and local 
                levels that are designed to yield nationally 
                significant results, including approaches to 
                public school choice and school-based 
                decisionmaking;
                  [(C) joint activities with other agencies to 
                assist the effort to achieve the National 
                Education Goals, including activities related 
                to improving the transition from preschool to 
                school and from school to work, as well as 
                activities related to the integration of 
                education and health and social services;
                  [(D) activities to promote and evaluate 
                counseling and mentoring for students, 
                including intergenerational mentoring;
                  [(E) activities to promote and evaluate 
                coordinated pupil services programs;
                  [(F) activities to promote comprehensive 
                health education;
                  [(G) activities to promote environmental 
                education;
                  [(H) activities to promote consumer, 
                economic, and personal finance education, such 
                as saving, investing, and entrepreneurial 
                education;
                  [(I) activities to promote programs to assist 
                students to demonstrate competence in foreign 
                languages;
                  [(J) studies and evaluation of various 
                education reform strategies and innovations 
                being pursued by the Federal Government, 
                States, and local educational agencies;
                  [(K) activities to promote metric education;
                  [(L) the identification and recognition of 
                exemplary schools and programs, such as Blue 
                Ribbon Schools;
                  [(M) programs designed to promote gender 
                equity in education by evaluating and 
                eliminating gender bias in instruction and 
                educational materials, identifying, and 
                analyzing gender inequities in educational 
                practices, and implementing and evaluating 
                educational policies and practices designed to 
                achieve gender equity;
                  [(N) programs designed to reduce excessive 
                student mobility, retain students who move 
                within a school district at the same school, 
                educate parents about the effect of mobility on 
                a child's education and encourage parents to 
                participate in school activities;
                  [(O) experiential-based learning, such as 
                service-learning;
                  [(P) the development and expansion of public-
                private partnership programs which extend the 
                learning experience, via computers, beyond the 
                classroom environment into student homes 
                through such programs as the Buddy System 
                Computer Project;
                  [(Q) other programs and projects that meet 
                the purposes of this section;
                  [(R) activities to promote child abuse 
                education and prevention programs;
                  [(S) activities to raise standards and 
                expectations for academic achievement among all 
                students, especially disadvantaged students 
                traditionally underserved in schools;
                  [(T) activities to provide the academic 
                support, enrichment and motivation to enable 
                all students to reach such standards;
                  [(U) demonstrations relating to the planning 
                and evaluations of the effectiveness of 
                projects under which local educational agencies 
                or schools contract with private management 
                organizations to reform a school or schools;
                  [(V) demonstrations that are designed to test 
                whether prenatal and counseling provided to 
                pregnant students may have a positive effect on 
                pregnancy outcomes, with such education and 
                counseling emphasizing the importance of 
                prenatal care, the value of sound diet and 
                nutrition habits, and the harmful effects of 
                smoking, alcohol, and substance abuse on fetal 
                development;
                  [(W) programs under section 10102;
                  [(X) programs under section 10103;
                  [(Y) programs under section 10104; and
                  [(Z) programs under section 10105;
          [(2) Additional uses.--The Secretary may also use 
        funds under this section to complete the project 
        periods for direct grants or contracts awarded under 
        the provisions of this Act, the Fund for the 
        Improvement and Reform of Schools and Teaching Act, or 
        title III of the Education for Economic Security Act, 
        as such Acts were in effect on the day preceding the 
        date of the enactment of the Improving America's 
        Schools Act of 1994.
          [(3) Special rule.--The Secretary shall not make 
        available more than $1,000,000 to carry out paragraph 
        (1)(R), nor more than $1,000,000 to carry out paragraph 
        (1)(V) during the period beginning on October 1, 1994, 
        through September 30, 1999.
  [(c) Awards.--
          [(1) In general.--The Secretary may--
                  [(A) make awards under this section on the 
                basis of competitions announced by the 
                Secretary; and
                  [(B) support meritorious unsolicited 
                proposals.
          [(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 $50,000,000 
for fiscal year 1995 and such sums as may be necessary for each 
of the four succeeding fiscal years.

[SEC. 10102. 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 three 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 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 part 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 14701, but in no case later 
        than January 30, 1998.
          [(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) the term ``school counselor'' means an 
        individual who has documented competence in counseling 
        children and adolescents in a school setting and who--
                  [(A) possesses State licensure or 
                certification granted by an independent 
                professional regulatory authority;
                  [(B) in the absence of such State licensure 
                or certification, possesses national 
                certification in school counseling or a 
                specialty of counseling granted by an 
                independent professional organization; or
                  [(C) holds a minimum of a master's degree in 
                school counseling from a program accredited by 
                the Council for Accreditation of Counseling and 
                Related Educational Programs or the equivalent;
          [(2) the term ``school psychologist'' means an 
        individual who--
                  [(A) possesses a minimum of 60 graduate 
                semester hours in school psychology from an 
                institution of higher education and has 
                completed 1,200 clock hours in a supervised 
                school psychology internship, of which 600 
                hours shall be in the school setting;
                  [(B) possesses State licensure or 
                certification in the State in which the 
                individual works; or
                  [(C) in the absence of such State licensure 
                or certification, possesses national 
                certification by the National School Psychology 
                Certification Board;
          [(3) the term ``school social worker'' means an 
        individual who holds a master's degree in social work 
        and is licensed or certified by the State in which 
        services are provided or holds a school social work 
        specialist credential; and
          [(4) 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. 10103.  PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT.

  [(a) Program Authorized.--
          [(1) In general.--The Secretary is authorized to make 
        up to a total of ten grants annually to partnerships of 
        State educational agencies and local educational 
        agencies for the design and implementation of character 
        education programs that incorporate the elements of 
        character listed in subsection (d), as well as other 
        character elements identified by applicants.
          [(2) Maximum amount of grant.--No State educational 
        agency shall receive more than a total of $1,000,000 in 
        grants under this part.
          [(3) Duration.--Each grant under this section shall 
        be awarded for a period not to exceed five years, of 
        which the State educational agency shall not use more 
        than one year for planning and program design.
  [(b) State Educational Agency Applications.--
          [(1) Requirement.--Each State educational agency 
        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) Partnerships.--Each State educational agency 
        desiring a grant under this section shall form a 
        partnership with at least one local educational agency 
        to be eligible for funding. The partnership shall 
        pursue State and local initiatives to meet the 
        objectives of this section.
          [(3) Application.--Each application under this 
        section shall include--
                  [(A) a list of the local educational agencies 
                entering into the partnership with the State 
                educational agency;
                  [(B) a description of the goals of the 
                partnership;
                  [(C) a description of activities that will be 
                pursued by the participating local educational 
                agencies, 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;
                          [(ii) curriculum and instructional 
                        practices;
                          [(iii) methods of teacher training 
                        and parent education that will be used 
                        or developed; and
                          [(iv) examples of activities that 
                        will be carried out under this part;
                  [(D) 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;
                  [(E) a description of how the State 
                educational agency will evaluate the success of 
                local programs and how local educational 
                agencies will evaluate the progress of their 
                own programs;
                  [(F) 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 programs;
                  [(G) a description of how the State 
                educational agency will establish a 
                clearinghouse for information on model 
                programs, materials, and other information the 
                State and local educational agencies determine 
                to be appropriate;
                  [(H) an assurance that the State educational 
                agency will annually provide to the Secretary 
                such information as may be required to 
                determine the effectiveness of the program; and
                  [(I) any other information that the Secretary 
                may require.
          [(4) Non-partner local educational agencies.--Any 
        local educational agency that was not a partner with 
        the State when the application was submitted may become 
        a partner by submitting an application for partnership 
        to the State educational agency, containing such 
        information that the State educational agency may 
        require.
  [(c) Evaluation and Program Development.--
          [(1) Requirement.--Each State educational agency 
        receiving a grant under this section shall submit to 
        the Secretary a comprehensive evaluation of the program 
        assisted under this part, including the impact on 
        students, teachers, administrators, parents, and 
        others--
                  [(A) by the mid-term of the program; and
                  [(B) not later than one year after completion 
                of such program.
          [(2) Contracts for evaluation.--Each State 
        educational agency 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 
        their program and measuring the success of the program 
        toward fostering in students the elements of character 
        listed in subsection (b).
          [(3) Factors.--Factors which may be considered in 
        evaluating the success of the program may include--
                  [(A) discipline problems;
                  [(B) students' grades;
                  [(C) participation in extracurricular 
                activities;
                  [(D) parental and community involvement;
                  [(E) faculty and administration involvement; 
                and
                  [(F) student and staff morale.
          [(4) Materials and program development.--Local 
        educational agencies, after consulting with the State 
        educational agency, may contract with outside sources, 
        including institutions of higher education, and private 
        and nonprofit organizations, for assistance in 
        developing curriculum, materials, teacher training, and 
        other activities related to character education.
  [(d) Elements of Character.--
          [(1) In general.--Applicants desiring funding under 
        this part 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 partnership.
          [(2) Additional elements of character.--A local 
        educational agency participating under this section 
        may, after consultation with schools and communities of 
        such agency, define additional elements of character 
        that the agency determines to be important to the 
        schools and communities of such agency.
  [(e) Use of Funds.--Of the total funds received by a State 
educational agency in any fiscal year under this section--
          [(1) not more than 30 percent of such funds may be 
        retained by the State educational agency, of which--
                  [(A) not more than 10 percent of such funds 
                may be used for administrative purposes; and
                  [(B) the remainder of such funds may be used 
                for--
                          [(i) collaborative initiatives with 
                        local educational agencies;
                          [(ii) the establishment of the 
                        clearinghouse, preparation of 
                        materials, teacher training; and
                          [(iii) other appropriate activities; 
                        and
          [(2) the remaining of such funds shall be used to 
        award subgrants to local educational agencies, of 
        which--
                  [(A) not more than 10 percent of such funds 
                may be retained for administrative purposes; 
                and
                  [(B) the remainder of such funds may be used 
                to--
                          [(i) award subgrants to schools 
                        within the local educational agency; 
                        and
                          [(ii) pursue collaborative efforts 
                        with the State educational agency.
  [(f) Selection of Grantees.--
          [(1) Criteria.--The Secretary shall select, through 
        peer review, partnerships 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 
                by local educational agencies;
                  [(B) the extent to which the program fosters 
                in students the elements of character;
                  [(C) the extent of parental, student, and 
                community involvement;
                  [(D) the number of local educational agencies 
                involved in the effort;
                  [(E) the quality of the plan for measuring 
                and assessing success; and
                  [(F) 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, and disadvantaged students.

[SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

  [(a) In General.--The Secretary is authorized to award a 
grant to a nonprofit organization to reimburse such 
organizations for the costs of conducting scholar-athlete games 
to be held in 1999.
  [(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 in the 
        summer of 1999;
          [(5) has the organizational structure and expertise 
        to replicate the scholar-athlete program in various 
        venues throughout the United States internationally; 
        and
          [(6) has plans for conducting scholar-athlete games 
        after 1999 without Federal assistance.

[SEC. 10105. SMALLER LEARNING COMMUNITIES.

  [(a) 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 require. Each such application 
shall describe--
          [(1) strategies and methods the applicant will use to 
        create the smaller learning community or communities;
          [(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 or communities;
          [(4) the process to be used for involving students, 
        parents and other stakeholders in the development and 
        implementation of the smaller learning community or 
        communities;
          [(5) any cooperation or collaboration among community 
        agencies, organizations, businesses, and others to 
        develop or implement a plan to create the smaller 
        learning community or communities;
          [(6) the training and professional development 
        activities that will be offered to teachers and others 
        involved in the activities assisted under this part;
          [(7) the goals and objectives of the activities 
        assisted under this part, 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 or communities 
        exist 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 local educational 
        agency and the smaller learning community or 
        communities, including how such agency will demonstrate 
        a commitment to the continuity of the smaller learning 
        community or communities, 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 part 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 or 
        communities; and
          [(13) the method of placing students in the smaller 
        learning community or communities, 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.
  [(b) Authorized Activities.--Funds under this section may be 
used--
          [(1) to study the feasibility of creating the smaller 
        learning community or communities as well as effective 
        and innovative organizational and instructional 
        strategies that will be used in the smaller learning 
        community or communities;
          [(2) to research, develop and implement strategies 
        for creating the smaller learning community or 
        communities, 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 to be used in the smaller learning 
        community or communities; 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.

[SEC. 10106. 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 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
          [(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) Requirement.--Each organization receiving a grant under 
this section shall present awards to outstanding student and 
parent mock election projects.

[SEC. 10107. MODEL PROJECTS.

  [(a) Program Authorized.--The Secretary is authorized to 
award grants to cultural institutions to enable such 
institutions to develop and expand model projects of outreach 
activities for at-risk children in the communities served by 
such institutions, including activities which integrate such 
institution's cultural programming with other disciplines, 
including environmental, mathematics, and science programs.
  [(b) Priority.--In awarding grants under this section the 
Secretary shall give priority to activities that are part of an 
overall State, local, and private commitment, seek to improve 
learning for at-risk youth, and are substantially funded by 
State, local, or private funds.]

             PART A--FUND FOR THE IMPROVEMENT OF EDUCATION

SEC. 10101. PROHIBITION ON FEDERALLY SPONSORED TESTING.

  Notwithstanding any other provision of Federal law, no funds 
provided under this part to the Secretary or to the recipient 
of any award may be used to develop, pilot test, field test, 
implement, administer, or distribute any federally sponsored 
national test in reading, mathematics, or any other subject, 
unless specifically and explicitly authorized by law.

SEC. 10102. PROHIBITION ON FEDERAL ENDORSEMENT OF ELEMENTARY AND 
                    SECONDARY SCHOOL CURRICULUM.

  Notwithstanding any other provision of Federal law, no funds 
provided under this part to the Secretary may be used to 
endorse, approve, or sanction any curriculum designed to be 
used in elementary or secondary schools.

SEC. 10103. FUND FOR THE IMPROVEMENT OF EDUCATION.

  (a) Programs and Projects Authorized.--
          (1) In general.--From funds appropriated under this 
        part, the Secretary is authorized to support nationally 
        significant programs and projects to improve the 
        quality of elementary and secondary education at the 
        State and local levels.
          (2) Methods for carrying out programs and projects.--
        The Secretary is authorized to carry out such programs 
        and projects directly, or through grants to or 
        contracts with States or local educational agencies, 
        institutions of higher education, and other public and 
        private agencies, organizations, and institutions, 
        including religious organizations.
  (b) Uses of Funds.--The funds appropriated under this part 
may be used for any of the following activities and programs:
          (1) Activities to promote systemic education reform 
        at the State and local levels, including--
                  (A) scientifically based research to improve 
                student academic achievement at the State and 
                local level; and
                  (B) the development and evaluation of 
                strategies for parent and community 
                involvement.
          (2) Programs at the State and local levels which are 
        designed to yield significant results, including 
        programs to explore approaches to public school choice 
        and school-based decision-making.
          (3) Programs designed to promote public school 
        choice.
          (4) Performance rewards for States which--
                  (A) make significant progress in eliminating 
                achievement gaps by increasing the proportions 
                of 2 or more groups of students described in 
                section 1111(a)(3)(I) who meet State 
                proficiency standards; and
                  (B) have agreed to meet specific and 
                numerical performance goals during the term of 
                a performance agreement of at least 5 years in 
                length.
          (5) Activities to promote and evaluate coordinated 
        pupil services programs.
          (6) Activities to promote consumer, economic, 
        entrepreneurial, and personal finance education, 
        including disseminating and encouraging the best 
        practices for teaching the basic principles of 
        economics and promoting the concept of achieving 
        financial literacy through the teaching of personal 
        financial management skills, including the basic 
        principles involved with earning, spending, saving, and 
        investing.
          (7) Studies, evaluations, and dissemination of 
        various education reform strategies and innovations 
        based on scientifically based research being pursued by 
        the Federal Government, States, and local educational 
        agencies.
          (8) The identification and recognition of exemplary 
        schools and programs such as Blue Ribbon Schools.
          (9) Experiential-based learning programs.
          (10) The development and expansion of public-private 
        partnership education programs which extend the 
        learning experience beyond the classroom environment 
        through the use of computers.
          (11) An independent study conducted in consultation 
        with appropriate entities, which will provide a multi-
        level coordinated implementation strategy based on 
        scientifically based research, for effective 
        professional development activities for mathematics and 
        science teachers.
          (12) Programs to hire and support school nurses.
          (13) Grants for the education of recent immigrants to 
        the United States.
          (14) Activities to plan, implement, or expand 
        alternative education programs to reduce classroom 
        disruptions and provide a safe learning environment.
          (15) Grants for elementary and secondary school 
        counseling programs under section 10104.
          (16) Grants for character education programs under 
        section 10105.
          (17) Grants for smaller learning communities within 
        high schools programs under section 10106.

SEC. 10104. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.

  (a) Grants Authorized.--
          (1) In general.--The Secretary may use funds provided 
        under this part to award grants to local educational 
        agencies to enable such agencies to establish or expand 
        elementary and secondary school counseling programs 
        which meet the requirements of subsection (b).
          (2) Priority.--In awarding grants under this section, 
        the Secretary shall give special consideration to 
        applications describing programs which--
                  (A) demonstrate the greatest need for new or 
                additional counseling services among the 
                children in the schools served by the 
                applicant;
                  (B) propose the most promising and innovative 
                approaches for initiating or expanding school 
                counseling; and
                  (C) show the greatest potential for 
                replication and dissemination.
          (3) Equitable distribution.--In awarding grants under 
        this section, the Secretary shall ensure an equitable 
        geographic distribution among the regions of the United 
        States and among urban, suburban, and rural local 
        educational agencies.
          (4) Duration.--A grant under this section shall be 
        awarded for a period not to exceed 3 years.
  (b) Requirements for Counseling Programs.--Each program 
funded under this section shall--
          (1) be comprehensive in addressing the counseling and 
        educational needs of all students;
          (2) use a developmental, preventive approach to 
        counseling;
          (3) increase the range, availability, quantity, and 
        quality of counseling services in the elementary and 
        secondary schools of the local educational agency;
          (4) expand counseling services through qualified 
        school counselors, school psychologists, and school 
        social workers;
          (5) use innovative approaches to increase children's 
        understanding of peer and family relationships, work 
        and self, decision making, or academic and career 
        planning, or to improve peer interaction;
          (6) provide counseling services in settings that meet 
        the range of needs of students;
          (7) include inservice training, including training 
        for teachers in appropriate identification and 
        intervention techniques for disciplining and teaching 
        students at risk of violent behavior, by school 
        counselors, school psychologists, and school social 
        workers;
          (8) involve parents of participating students in the 
        design, implementation, and evaluation of a counseling 
        program;
          (9) involve collaborative efforts with community 
        groups, social service agencies, or other public or 
        private entities to enhance the program;
          (10) evaluate annually the effectiveness and outcomes 
        of the counseling services and activities assisted 
        under this section;
          (11) ensure a team approach to school counseling in 
        the elementary and secondary schools of the local 
        educational agency by maintaining a scientifically 
        based ratio of school counselors, school social 
        workers, and school psychologists to students; and
          (12) ensure that school counselors, school 
        psychologists, or school social workers paid from funds 
        made available under this section spend a majority of 
        their time at the school in activities directly related 
        to the counseling process.
  (c) Limit on Administration.--Not more than 3 percent of the 
amounts made available under this section in any fiscal year 
may be used for administrative costs to carry out this section.
  (d) Definitions.--For purposes of this section, the terms 
``school counselor'', ``school psychologist'', and ``school 
social worker'', mean individuals qualified, licensed, or 
certified under State law to provide mental health counseling 
to children and adolescents.

SEC. 10105. CHARACTER EDUCATION PROGRAM.

  (a) Program Authorized.--
          (1) In general.--The Secretary may use funds provided 
        under this part to award grants to States, local 
        educational agencies, or consortia of such educational 
        agencies for the design and implementation of character 
        education programs which incorporate the elements of 
        character described in subsection (c).
          (2) Duration.--Each grant under this section shall be 
        awarded for a period not to exceed 5 years, of which 
        the recipient may not use more than 1 year for planning 
        and program design.
  (b) Contracts Under Program.--
          (1) Evaluation.--Each State, local educational 
        agency, or consortia of such educational agencies 
        awarded 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 (c).
          (2) Materials and program development.--Each State, 
        local educational agency, or consortia of such 
        educational agencies awarded a grant under this section 
        may contract with outside sources, including 
        institutions of higher education and private and 
        nonprofit organizations, for assistance in developing 
        curriculum, materials, teacher training, and other 
        activities related to character education.
  (c) Elements of Character.--The elements of character 
described in this subsection are as follows:
          (1) Honesty.
          (2) Citizenship.
          (3) Courage.
          (4) Justice.
          (5) Respect.
          (6) Personal Responsibility.
          (7) Trustworthiness.
          (8) Any other elements deemed appropriate by the 
        State, local educational agency, or consortia of such 
        educational agencies receiving a grant under this 
        paragraph.
  (d) Selection of Recipients.--
          (1) Criteria.--The Secretary shall select States, 
        local educational agencies, or consortia of such 
        educational agencies to receive grants under this 
        section on the basis of the quality of the applications 
        submitted, taking into consideration such factors as--
                  (A) the extent to which the proposed 
                character education program fosters in students 
                the elements of character described in 
                subsection (c);
                  (B) the extent of parental, student, and 
                community involvement in the program; and
                  (C) the likelihood that the goals of the 
                program will be realistically achieved.
          (2) Diversity of projects.--The Secretary shall 
        approve applications for grants under this section in a 
        manner which ensures to the extent practicable that the 
        character education programs funded with such grants--
                  (A) serve an equitable geographic 
                distribution among the regions of the United 
                States and among urban, suburban, and rural 
                areas; and
                  (B) serve schools which serve a high 
                percentage of minorities, Native Americans, 
                students of limited English proficiency, and 
                disadvantaged students.

SEC. 10106. SMALLER LEARNING COMMUNITIES WITHIN HIGH SCHOOLS.

  (a) In General.--The Secretary may use funds provided under 
this part to--
          (1) promote the creation of smaller learning 
        communities within high schools in which students may 
        receive greater individual attention and support, 
        including the development and implementation of 
        scientifically based research strategies described in 
        subsection (b) to create such communities; and
          (2) develop and implement strategies to include 
        parents, business representatives, institutions of 
        higher education, community-based organizations, and 
        other community members in such communities.
  (b) Examples of Strategies To Create Smaller Learning 
Communities.--The strategies described in this subsection to 
create smaller learning communities within high schools may 
include:
          (1) The establishment of learning clusters, 
        ``houses'', magnet schools, or other approaches to 
        creating schools within schools.
          (2) The use of block scheduling.
          (3) The use of personal adult advocates, teacher-
        advisory systems, and other mentoring strategies.
          (4) Strategies to reduce teaching loads.
          (5) Other innovations designed to increase student 
        academic achievement through the creation of a more 
        personalized high school experience for students.
  (c) Size of Communities.--In using funds under this section, 
the Secretary's goal shall be the creation of learning 
communities of not more than 600 students within high schools.

SEC. 10107. GENERAL PROVISIONS.

  (a) Awards Made on Competitive Basis.--The Secretary may make 
awards under this part on the basis of competitions announced 
by the Secretary.
  (b) Special Rule.--The Secretary shall ensure that programs, 
projects, and activities supported under this part are designed 
so that the effectiveness of such programs, projects, and 
activities is readily ascertainable and based on scientifically 
based research.
  (c) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for assistance under this 
part, and may use funds appropriated under this part for the 
cost of such peer review.
  (d) Applications.--An applicant for an award under this part 
shall submit an application which--
          (1) establishes clear goals and objectives for its 
        project under this part which are based on 
        scientifically based research; and
          (2) describes the activities it will carry out in 
        order to meet the goals and objectives described in 
        paragraph (1).
  (e) Evaluations.--A recipient of an award under this part 
shall--
          (1) evaluate the effectiveness of its project in 
        achieving the goals and objectives stated in its 
        application; and
          (2) report to the Secretary such information as may 
        be required, including evidence of its progress toward 
        meeting the such goals, to determine the project's 
        effectiveness.
  (f) Dissemination of Evaluation Results.--The Secretary shall 
provide for the dissemination of the evaluations of projects 
funded under this part by making the evaluations publicly 
available upon request, and shall publish public notice that 
the evaluations are so available.
  (g) Matching Funds.--The Secretary may require recipients of 
awards under this part to provide matching funds from non-
Federal sources.
  (h) Scientifically Based Research Defined.--In this part, the 
term ``scientifically based research''--
          (1) means the application of rigorous, systematic, 
        and objective procedures to obtain valid knowledge 
        relevant to education activities and programs; and
          (2) shall include research which--
                  (A) employs systematic, empirical methods 
                which draw on observation or experiment,
                  (B) involves rigorous data analyses which are 
                adequate to test the stated hypotheses and 
                justify the general conclusions drawn,
                  (C) relies on measurements or observational 
                methods which provide valid data across 
                evaluators and observers and across multiple 
                measurements and observations, and
                  (D) has been accepted by a peer reviewed 
                journal or approved by a panel of independent 
                experts through a comparably rigorous, 
                objective, and scientific review.
  (i) Authorization of Appropriations.--For the purpose of 
carrying out this part, there are authorized to be appropriated 
$50,000,000 for fiscal year 2000 and $50,000,000 for each of 
the 5 succeeding fiscal years.

           *       *       *       *       *       *       *


PART C--PUBLIC CHARTER SCHOOLS

           *       *       *       *       *       *       *


SEC. 10310. DEFINITIONS.

  As used in this part:
          (1) The term ``charter school'' means a public school 
        that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (H) is a school to which parents choose to 
                send their children, and that admits students 
                on the basis of a lottery, or in another 
                nondiscriminatory manner consistent with State 
                law, if more students apply for admission than 
                can be accommodated;

           *       *       *       *       *       *       *


SEC. 10311. AUTHORIZATION OF APPROPRIATIONS.

  For the purpose of carrying out this part, there are 
authorized to be appropriated [$100,000,000 for fiscal year 
1999] $145,000,000 for fiscal year 2000 and such sums as may be 
necessary for each of the [four] 5 succeeding fiscal years.

                       [PART D--ARTS IN EDUCATION

                       [Subpart 1--Arts Education

[SEC. 10401. SUPPORT FOR ARTS EDUCATION.

  [(a) Findings.--The Congress finds that--
          [(1) the arts are forms of understanding and ways of 
        knowing that are fundamentally important to education;
          [(2) the arts are important to excellent education 
        and to effective school reform;
          [(3) the most significant contribution of the arts to 
        education reform is the transformation of teaching and 
        learning;
          [(4) such transformation is best realized in the 
        context of comprehensive, systemic education reform;
          [(5) demonstrated competency in the arts for American 
        students is among the National Education Goals;
          [(6) participation in performing arts activities has 
        proven to be an effective strategy for promoting the 
        inclusion of persons with disabilities in mainstream 
        settings;
          [(7) opportunities in the arts have enabled persons 
        of all ages with disabilities to participate more fully 
        in school and community activities;
          [(8) the arts can motivate at-risk students to stay 
        in school and become active participants in the 
        educational process; and
          [(9) arts education should be an integral part of the 
        elementary and secondary school curriculum.
  [(b) Purposes.--The purposes of this subpart are to--
          [(1) support systemic education reform by 
        strengthening arts education as an integral part of the 
        elementary and secondary school curriculum;
          [(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; and
          [(3) support the national effort to enable all 
        students to demonstrate competence in the arts in 
        accordance with the National Education Goals.
  [(c) 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.
  [(d) Authorized Activities.--Funds under this subpart may be 
used for--
          [(1) research on arts education;
          [(2) the development of, and dissemination of 
        information about, model arts education programs;
          [(3) the development of model arts education 
        assessments based on high standards;
          [(4) the development and implementation of curriculum 
        frameworks for arts education;
          [(5) the development of model preservice and 
        inservice professional development programs for arts 
        educators and other instructional staff;
          [(6) 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, Very Special 
        Arts, and the National Gallery of Art;
          [(7) 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;
          [(8) supporting model projects and programs by Very 
        Special Arts which assure the participation in 
        mainstream settings in arts and education programs of 
        individuals with disabilities;
          [(9) supporting model projects and programs to 
        integrate arts education into the regular elementary 
        and secondary school curriculum; and
          [(10) other activities that further the purposes of 
        this subpart.
  [(e) Coordination.--
          [(1) In general.--A recipient of funds under this 
        subpart shall, to the extent possible, 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, Very Special Arts, and the National Gallery of 
        Art.
  [(f) Authorization.--
          [(1) In general.--For the purpose of carrying out 
        this subpart, there are authorized to be appropriated 
        $11,000,000 for fiscal year 1995 and such sums as may 
        be necessary for each of the four succeeding fiscal 
        years.
          [(2) Special rule.--If the amount appropriated under 
        paragraph (1) for any fiscal year is $9,000,000 or 
        less, then such amount shall only be available to carry 
        out the activities described in paragraphs (7) and (8) 
        of subsection (d).

    [Subpart 2--Cultural Partnerships for At-Risk Children and Youth

[SEC. 10411. FINDINGS AND PURPOSE.

  [(a) Findings.--The Congress finds:
          [(1) With local school budget cuts there are 
        inadequate arts and cultural programs available for 
        children and youth in schools, especially at the 
        elementary school level.
          [(2) The arts promote progress in academic subjects 
        as shown by research conducted by the National 
        Endowment for the Arts.
          [(3) Children and youth who receive instruction in 
        the arts and humanities, or who are involved in 
        cultural activities, remain in school longer and are 
        more successful than children who do not receive such 
        instruction.
          [(4) Learning in the arts and humanities promotes 
        progress in other academic subjects, and generates 
        positive self-esteem and a greater sense of 
        accomplishment in young people.
          [(5) School-university and school-cultural 
        institution partnerships that upgrade teacher training 
        in the arts and humanities have significantly 
        contributed to improved instruction and achievement 
        levels of school-aged children.
          [(6) Museum outreach, cultural activities and 
        informal education for at-risk children and youth have 
        contributed significantly to the educational 
        achievement and enhanced interest in learning of at-
        risk children and youth.
          [(7) The Goals 2000: Educate America Act, other 
        legislation and local, State and national resources 
        support the integration of the arts and humanities into 
        the regular curriculum and school day for all children.
          [(8) While all children benefit from instruction in 
        the arts and the humanities, at-risk children and youth 
        have a special, additional need for arts and cultural 
        programs both in school and after school.
  [(b) Purpose.--The purpose of this subpart is to make 
demonstration grants to eligible entities to improve the 
educational performance and future potential of at-risk 
children and youth by providing comprehensive and coordinated 
educational and cultural services.

[SEC. 10412. 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 10413.
  [(b) Special Requirements.--
          [(1) In general.--The Secretary shall award grants 
        under this subpart only to programs designed to--
                  [(A) promote and enhance educational and 
                cultural activities;
                  [(B) provide multi-year services to at-risk 
                children and 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 children and 
                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 H 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 children and 
                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 of Education, 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--
                  [(A) a local educational agency or an 
                individual school that is eligible to 
                participate in a schoolwide program under 
                section 1114; and
                  [(B) at least one institution of higher 
                education, museum, local arts agency, or 
                cultural entity 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 children and 
                        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 such grants.
          [(6) Duration.--Grants made under this subpart may be 
        renewable for a maximum of five 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 under this title to the National Diffusion 
        Network for review.
  [(c) Target Population.--To be eligible for a grant under 
this subpart, an eligible entity shall 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 children and youth at risk of 
        disadvantages resulting from teenage parenting, 
        substance abuse, recent migration, disability, limited-
        English proficiency, illiteracy, being the child of a 
        teenage parent, living in a single parent household, or 
        dropping out of school; or
          [(3) any combination of in-school and out-of-school 
        at-risk children and youth.

[SEC. 10413. AUTHORIZED ACTIVITIES.

  [(a) In General.--Grants awarded under this subpart may be 
used--
          [(1) to plan, develop, acquire, expand, and improve 
        school-based or community-based coordinated educational 
        and cultural programs to strengthen the educational 
        performance and future potential of in-school or out-
        of-school at-risk children and youth through grants, 
        cooperative agreements, contracts for services, or 
        administrative coordination;
          [(2) to provide at-risk students with integrated 
        cultural activities designed to develop a love of 
        learning that fosters the smooth transition of 
        preschool children to elementary school;
          [(3) to design collaborative cultural activities for 
        students in secondary or alternative schools that 
        ensure the smooth transition to job training, higher 
        education, or full employment;
          [(4) to provide child care for children of at-risk 
        students who would not otherwise be able to participate 
        in the program;
          [(5) to provide transportation necessary for 
        participation in the program;
          [(6) to work with existing school personnel to 
        develop curriculum materials and programs in the arts;
          [(7) to work with existing school personnel on staff 
        development activities that encourage the integration 
        of the arts into the curriculum;
          [(8) for stipends that allow local artists to work 
        with at-risk children and youth in schools;
          [(9) for training individuals who are not trained to 
        work with children and youth;
          [(10) for cultural programs that encourage the active 
        participation of parents in the education of their 
        children;
          [(11) for programs that use the arts and culture to 
        reform current school practices, including lengthening 
        the school day or academic year;
          [(12) for equipment or supplies that the Secretary 
        determines appropriate; and
          [(13) for evaluation, administration, and 
        supervision.
  [(b) Planning Grants.--
          [(1) Application.--An eligible entity may submit an 
        application to the Secretary for a planning grant for 
        an amount not to exceed $50,000. Such grants shall be 
        for periods of not more than one year.
          [(2) Limit on planning grants.--Not more than 10 
        percent of the amounts appropriated in each fiscal year 
        under this subpart shall be used for grants under this 
        subsection, and an eligible entity may receive not more 
        than one such planning grant.
  [(c) General Provisions.--
          [(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 eligible 
                recipient 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 future 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 
                children and youth, and how teachers will be 
                involved.

[SEC. 10414.  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 10413(c) the Federal share of the cost of the 
        activities described in the application.
          [(2) Special rule.--(A) Grants awarded under this 
        subpart shall be of sufficient size, scope, and quality 
        to be effective.
          [(B) 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 a grant 
        under this subpart shall be 80 percent of the cost of 
        carrying out the activities described in the 
        application.
          [(2) Non-federal share.--The non-Federal share of a 
        grant under this subpart shall be 20 percent of the 
        cost of carrying out the activities described in the 
        application and may be in cash or in kind, fairly 
        evaluated, including the provision of equipment, 
        services, or facilities.
  [(c) Limitations.--
          [(1) Noninstructional services.--Not more than 25 
        percent of the grant funds provided in any fiscal year 
        under this subpart may be used for noninstructional 
        activities such as the activities described in 
        paragraphs (4), (5), and (12) of section 10413(a).
          [(2) Supplement and not supplant.--Grant funds 
        awarded under this part shall be used to supplement not 
        supplant the amount of funds made available from non-
        Federal sources, for the activities assisted under this 
        subpart, in amounts that exceed the amounts expended 
        for such activities in the year preceding the year for 
        which the grant is awarded.
          [(3) Administrative costs.--(A) The Secretary may 
        reserve not more than five percent of the grant funds 
        received under this subpart in each fiscal year for the 
        costs of administration.
          [(B) 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.

[SEC. 10415. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
subpart, $45,000,000 for fiscal year 1995, and such sums as may 
be necessary for each of the four succeeding fiscal years.]

                         PART D--ARTS EDUCATION

SEC. 10401. SUPPORT FOR ARTS EDUCATION.

  (a) Findings.--The Congress finds that--
          (1) every student can benefit from an education in 
        the arts;
          (2) a growing body of research indicates that 
        education in the arts may provide cognitive benefits 
        and bolster academic achievement, beginning at an early 
        age and continuing through school;
          (3) qualified arts teachers and sequential curriculum 
        are the basis and core for substantive arts education 
        for students;
          (4) arts education programs should be grounded in 
        rigorous instruction and take their place within a 
        structure of direct accountability to parents, school 
        officials, and the community;
          (5) opportunities in the arts have enabled persons of 
        all ages with disabilities to participate more fully in 
        school and community activities; and
          (6) arts education is a valuable part of the 
        elementary and secondary school curriculum.
  (b) Purposes.--The purposes of this part are to--
          (1) support systemic education reform by 
        strengthening arts education as an integral part of the 
        elementary and secondary school curriculum; and
          (2) help ensure that all students can learn to 
        challenging State content standards and challenging 
        State student performance standards in the arts.
  (c) Eligible Recipients.--In order to carry out the purposes 
of this part, the Secretary is authorized to award grants to, 
or enter into contracts or cooperative agreements with--
          (1) States;
          (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.
  (d) Authorized Activities.--Funds under this part may be used 
for--
          (1) research on arts education;
          (2) planning, developing, acquiring, expanding, 
        improving, and disseminating model school-based arts 
        education programs;
          (3) the development of model State arts education 
        assessments based on State standards;
          (4) the development and implementation of curriculum 
        frameworks for arts education;
          (5) the development of model inservice professional 
        development programs for arts educators and other 
        instructional staff;
          (6) supporting collaborative activities with other 
        Federal agencies or institutions, arts educators, and 
        organizations representing the arts, including State 
        and local arts agencies involved in arts education;
          (7) supporting model projects and programs in the 
        performing arts for children and youth and programs 
        which assure the participation in mainstream settings 
        in arts and education programs of individuals with 
        disabilities through arrangements made with 
        organizations such as the John F. Kennedy Center for 
        the Performing Arts and VSA arts;
          (8) supporting model projects and programs to 
        integrate arts education into the regular elementary 
        and secondary school curriculum; and
          (9) other activities that further the purposes of 
        this part.
  (e) Coordination and Consultation.--
          (1) In general.--A recipient of funds under this part 
        shall, to the extent possible, coordinate projects 
        assisted under this part with appropriate activities of 
        public and private cultural agencies, institutions, and 
        organizations, including museums, arts education 
        associations, libraries, and theaters.
          (2) Consultation.--In carrying out this part, the 
        Secretary shall consult with other Federal agencies or 
        institutions, arts educators (including professional 
        arts education associations), and organizations 
        representing the arts including State and local arts 
        agencies involved in arts education.
  (f) Authorization.--
          (1) In general.--For the purpose of carrying out this 
        part, there are authorized to be appropriated 
        $11,500,000 for fiscal year 2000 and such sums as may 
        be necessary for each of the 5 succeeding fiscal years.
          (2) Special rule.--Any entity receiving funds under 
        this part shall use such funds only to supplement and 
        not to supplant the amount of funds made available from 
        non-Federal sources for the activities assisted under 
        this part.

           *       *       *       *       *       *       *


                        [PART F--CIVIC EDUCATION

[SEC. 10601.  INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOCRACY IN 
                    THE UNITED STATES.

  [(a) General Authority.--
          [(1) Program established.--(A) The Secretary is 
        authorized to carry out a program to enhance the 
        attainment of the third and sixth National Education 
        Goals by educating students about the history and 
        principles of the Constitution of the United States, 
        including the Bill of Rights, and to foster civic 
        competence and responsibility.
          [(B) Such program shall be known as ``We the People . 
        . . The Citizen and the Constitution''.
          [(2) Educational activities.--The program required by 
        paragraph (1) shall--
                  [(A) 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) enhance student attainment of 
                challenging content standards in civics and 
                government.
          [(3) Contract or grant authorized.--The Secretary is 
        authorized to award a grant or enter into a contract 
        with the Center for Civic Education to carry out the 
        program described in paragraph (1).
  [(b) Program Content.--The education program authorized by 
this section shall provide--
          [(1) a course of instruction on the basic principles 
        of our Nation's constitutional democracy and the 
        history of the Constitution and the Bill of Rights;
          [(2) at the request of a participating school, school 
        and community simulated congressional hearings 
        following the course of study; and
          [(3) an annual national competition of simulated 
        congressional hearings for secondary students who wish 
        to participate in such program.
  [(c) Availability of Program.--The education program 
authorized by this section shall be made available to public 
and private elementary and secondary schools in the 435 
congressional districts, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the District of 
Columbia.
  [(d) Special Rule.--After the provisions of subsection (b) 
have been implemented, funds provided under this section may be 
used for--
          [(1) advanced training of teachers about the United 
        States Constitution and the political system the United 
        States created; or
          [(2) 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, 
        which course shall provide for--
                  [(A) optional school and community simulated 
                State legislative hearings;
                  [(B) an annual competition of simulated 
                legislative hearings at the State legislative 
                district, State, and national levels for middle 
                school students who wish to participate in the 
                program; and
                  [(C) participation by public and private 
                middle schools in the 50 States, the District 
                of Columbia, the Commonwealth of Puerto Rico, 
                Guam, American Samoa, the Virgin Islands, and 
                the Commonwealth of the Northern Mariana 
                Islands.

[SEC. 10602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.

  [(a) Program Established.--The Secretary is authorized to 
carry out a program of awarding grants and contracts to assist 
State and local educational agencies and other public and 
private nonprofit agencies, organizations, and institutions to 
enhance--
          [(1) attainment by students of challenging State 
        content standards and challenging State student 
        performance standards in civics, government, and the 
        law; and
          [(2) attainment by the Nation of the third and the 
        sixth National Education Goals.
  [(b) Authorized Activities.--Assistance under this section 
may support new and ongoing programs in elementary and 
secondary schools that provide for--
          [(1) the development and implementation of curricular 
        programs that enhance student understanding of--
                  [(A) the values and principles which 
                underlie, and the institutions and processes 
                which comprise, our Nation's system of 
                government;
                  [(B) the role of law in our constitutional 
                democracy, including activities to promote--
                          [(i) legal literacy;
                          [(ii) a dedication by students to the 
                        use of nonviolent means of conflict 
                        resolution such as arbitration, 
                        mediation, negotiation, trials, and 
                        appellate hearings; and
                          [(iii) respect for cultural diversity 
                        and acceptance of cultural differences; 
                        and
                  [(C) the rights and responsibilities of 
                citizenship;
          [(2) professional development for teachers, including 
        preservice and inservice training;
          [(3) outside-the-classroom learning experiences for 
        students, including community service activities;
          [(4) the active participation of community leaders, 
        from the public and private sectors, in the schools; 
        and
          [(5) the provision of technical assistance to State 
        and local educational agencies and other institutions 
        and organizations working to further the progress of 
        the Nation in attaining the third and sixth National 
        Education Goals regarding civics and government.
  [(c) Applications, Peer Review and Priority.--
          [(1) Submission of applications.--A State or local 
        educational agency, other public or private nonprofit 
        agency, organization, or institution that desires to 
        receive a grant or enter into a contract under this 
        section 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.
          [(2) Peer review.--(A) The Secretary shall convene a 
        panel of individuals for purpose of reviewing and 
        rating applications submitted under paragraph (1).
          [(B) Such individuals shall have experience with 
        education programs in civics, government, and the law.
          [(3) Priority.--In awarding grants or awarding 
        contracts under this section, the Secretary shall give 
        priority consideration to applications which propose 
        the operation of statewide programs.
  [(d) Duration of Grants and Exception.--
          [(1) Duration.--Except as provided in paragraph (2), 
        the Secretary shall award grants and contracts under 
        this section for periods of two or three years.
          [(2) Exception.--The Secretary may award a grant or a 
        contract under this section for a period of less than 2 
        years if the Secretary determines that special 
        circumstances exist which warrant a 1-year grant or 
        contract award.

[SEC. 10603. REPORT; AUTHORIZATION OF APPROPRIATIONS.

  [(a) Report.--The Secretary shall report, on a biennial basis 
to the Committee on Education and Labor of the House of 
Representatives and to the Committee on Labor and Human 
Resources of the Senate regarding the distribution and use of 
funds authorized under this part.
  [(b) Authorization of Appropriations.--
          [(1) General.--There are authorized to be 
        appropriated to carry out this part $15,000,000 for 
        fiscal year 1995 and such sums as may be necessary for 
        each of the four succeeding fiscal years.
          [(2) Allocation.--Except as provided in paragraph 
        (3), from the amount appropriated under subsection (a), 
        the Secretary shall allocate--
                  [(A) 40 percent of such amount to carry out 
                section 10601; and
                  [(B) 60 percent of such amount to carry out 
                section 10602.
          [(3) Special rule.--From funds appropriated under 
        paragraph (1), the Secretary shall make available for 
        fiscal year 1995 and each succeeding fiscal year 
        thereafter for the programs under sections 16101 and 
        16102 not less than the amount made available for 
        fiscal year 1994 to carry out such programs under 
        sections 4609 and 1562, respectively, of this Act (as 
        such sections were in effect on the day preceding the 
        date of enactment of the Improving America's Schools 
        Act of 1994).

             [PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

[SEC. 10701. FINDINGS.

  [The Congress finds as follows:
          [(1) It is a worthwhile goal to ensure that all 
        students in America are prepared for responsible 
        citizenship and that all students should have the 
        opportunity to be involved in activities that promote 
        and demonstrate good citizenship.
          [(2) It is a worthwhile goal to ensure that America's 
        educators have access to programs for the continued 
        improvement of their professional skills.
          [(3) Allen J. Ellender, a Senator from Louisiana and 
        President pro tempore of the United States Senate, had 
        a distinguished career in public service characterized 
        by extraordinary energy and real concern for young 
        people. Senator Ellender provided valuable support and 
        encouragement to the Close Up Foundation, a 
        nonpartisan, nonprofit foundation promoting knowledge 
        and understanding of the Federal Government among young 
        people and educators. Therefore, it is a fitting and 
        appropriate tribute to Senator Ellender to provide 
        fellowships in his name to students of limited economic 
        means, 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.

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

[SEC. 10711. 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 program described 
in subsection (a). Financial assistance received pursuant to 
this subpart by such students shall be known as Allen J. 
Ellender fellowships.

[SEC. 10712. 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. 10721. 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 program described in subsection (a). Financial assistance 
received pursuant to this subpart by such individuals shall be 
known as Allen J. Ellender fellowships.

[SEC. 10722. 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 10711(a);
          [(2) that not more than one teacher in each school 
        participating in the programs provided for in section 
        10711(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. 10731. 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 program described in subsection (a). 
Financial assistance received pursuant to this subpart by such 
individuals shall be known as Allen J. Ellender fellowships.

[SEC. 10732. 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. 10741. 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. 10742. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out the provisions of subparts 1, 2, and 3 of this part 
$4,400,000 for fiscal year 1995 and such sums as may be 
necessary of each of the four 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 10711(a).]

                        PART F--CIVIC EDUCATION

SEC. 10601. SHORT TITLE.

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

SEC. 10602. PURPOSE.

  It is the purpose of this part--
          (1) to improve the quality of civics and government 
        education, by educating students about the history and 
        principles of the Constitution of the United States, 
        including the Bill of Rights; and
          (2) to foster civic competence and responsibility.

SEC. 10603. GENERAL AUTHORITY.

  The Secretary is authorized to award grants to or enter into 
contracts with the Center for Civic Education to carry out 
civic education activities under sections 10604.

SEC. 10604. WE THE PEOPLE PROGRAM.

  (a) The Citizen and the Constitution.--
          (1) In general.--The Center for Civic Education shall 
        use funds awarded under section 10603(a) to carry out 
        The Citizen and the Constitution program in accordance 
        with this subsection.
          (2) Educational activities.--The Citizen and the 
        Constitution program--
                  (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;
                  (B) shall enhance student attainment of 
                challenging content standards in civics and 
                government; and
                  (C) shall provide--
                          (i) 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;
                          (ii) at the request of a 
                        participating school, school and 
                        community simulated congressional 
                        hearings following the course of study;
                          (iii) an annual national competition 
                        of simulated congressional hearings for 
                        secondary school students who wish to 
                        participate in such a program;
                          (iv) advanced training of teachers 
                        about the Constitution of the United 
                        States and the political system the 
                        United States created;
                          (v) materials and methods of 
                        instruction, including teacher 
                        training, that utilize the latest 
                        advancements in educational technology; 
                        and
                          (vi) 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 elementary and 
        secondary schools, including Bureau funded schools, in 
        the 435 congressional districts, and in 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) In general.--The Center for Civic Education shall 
        use funds awarded under section 10603(a) to carry out 
        The Project Citizen program in accordance with this 
        subsection.
          (2) Educational activities.--The Project Citizen 
        program--
                  (A) shall continue and expand the educational 
                activities of the ``We the People . . . Project 
                Citizen'' program administered by the Center 
                for Civic Education;
                  (B) shall enhance student attainment of 
                challenging content standards in civics and 
                government; and
                  (C) shall provide--
                          (i) 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;
                          (ii) optional school and community 
                        simulated State legislative hearings;
                          (iii) an annual national showcase or 
                        competition;
                          (iv) advanced training of teachers on 
                        the roles of State and local 
                        governments in the Federal system 
                        established by the Constitution of the 
                        United States;
                          (v) materials and methods of 
                        instruction, including teacher 
                        training, that utilize the latest 
                        advancements in educational technology; 
                        and
                          (vi) 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 of 
        the United 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. 10605. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out section 
10604, $9,850,000 for fiscal year 2000 and such sums as may be 
necessary for each of the fiscal years 2001 through 2005.

              PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

SEC. 10701. FINDINGS.

  The Congress finds as follows:
          (1) It is a worthwhile goal to ensure that all 
        students in America are prepared for responsible 
        citizenship and that all students should have the 
        opportunity to be involved in activities that promote 
        and demonstrate good citizenship.
          (2) It is a worthwhile goal to ensure that America's 
        educators have access to programs for the continued 
        improvement of their professional skills.
          (3) Allen J. Ellender, a Senator from Louisiana and 
        President pro tempore of the United States Senate, had 
        a distinguished career in public service characterized 
        by extraordinary energy and real concern for young 
        people. Senator Ellender provided valuable support and 
        encouragement to the Close Up Foundation, a 
        nonpartisan, nonprofit foundation promoting knowledge 
        and understanding of the Federal Government among young 
        people and educators. Therefore, it is a fitting and 
        appropriate tribute to Senator Ellender to provide 
        fellowships in his name to students of limited economic 
        means, 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.

      Subpart 1--Program for Middle and Secondary School Students

SEC. 10711. 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 program described 
in subsection (a). Financial assistance received pursuant to 
this subpart by such students shall be known as Allen J. 
Ellender fellowships.

SEC. 10712. 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. 10721. 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 program described in subsection (a). Financial assistance 
received pursuant to this subpart by such individuals shall be 
known as Allen J. Ellender fellowships.

SEC. 10722. 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 
        teachers school who participates in the programs 
        described in section 10711(a);
          (2) that not more than one teacher in each school 
        participating in the programs provided for in section 
        10711(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. 10731. 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 program described in subsection (a). 
Financial assistance received pursuant to this subpart by such 
individuals shall be known as Allen J. Ellender fellowships.

SEC. 10732. 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. 10741. 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 Generals 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. 10742. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to 
carry out the provisions of subparts 1, 2, and 3 of this part 
$4,400,000 for fiscal year 2001 and such sums as may be 
necessary of each of the four 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 10711(a).

           *       *       *       *       *       *       *


                    [TITLE XI--COORDINATED SERVICES

[SEC. 11001. FINDINGS AND PURPOSE.

  [(a) Findings.--The Congress finds the following:
          [(1) Growing numbers of children are negatively 
        affected by influences outside of the classroom which 
        increase such children's risk of academic failure.
          [(2) Factors such as poor nutrition, unsafe living 
        conditions, physical and sexual abuse, family and gang 
        violence, inadequate health care, unemployment, lack of 
        child care, and substance abuse, adversely affect 
        family relationships and the ability of a child to 
        learn.
          [(3) Parents and other caregivers in today's high 
        pressure society often face demands which place 
        restraints on such parents' and caregivers' time and 
        affect such parents' and caregivers' ability to 
        adequately provide for the needs of the families of 
        such parents and caregivers.
          [(4) Access to health and social service programs can 
        address the basic physical and emotional needs of 
        children so that children can fully participate in the 
        learning experiences offered children in school.
          [(5) Services for at-risk students need to be more 
        convenient, and less fragmented, regulated and 
        duplicative, in order to meet the needs of children and 
        their families.
          [(6) School personnel, parents, and support service 
        providers often lack knowledge of, and access to, 
        available services for at-risk students and their 
        families in the community, and have few resources to 
        coordinate services and make services accessible.
          [(7) Service providers, such as teachers, social 
        workers, health care and child care providers, juvenile 
        justice workers and others, are often trained in 
        separate disciplines that provide little support for 
        the coordination of services.
          [(8) Coordination of services is more cost effective 
        because such coordination substitutes prevention for 
        expensive crisis intervention.
          [(9) Coordinating health and social services with 
        education can help the Nation meet the National 
        Education Goals by ensuring better outcomes for 
        children.
  [(b) Purpose of Coordinating Services.--The purpose of this 
title is to provide elementary and secondary school students 
and their families better access to the social, health and 
education services necessary for students to succeed in school 
and for their families to take an active role in ensuring that 
such students receive the best possible education.

[SEC. 11002. DEFINITIONS.

  [For the purpose of this title--
          [(1) the term ``coordinated services project'' means 
        a comprehensive approach to meeting the educational, 
        health, social service, and other needs of children and 
        their families, including foster children and their 
        foster families, through a communitywide partnership 
        that links public and private agencies providing such 
        services or access to such services through a 
        coordination site at or near a school; and
          [(2) the term ``eligible entity'' means a local 
        educational agency, school, or a consortium of schools.

[SEC. 11003. AUTHORITY.

  [In order to use funds made available under section 14206(b) 
for the development, or the implementation or expansion, of a 
coordinated service project an eligible entity shall have an 
application approved under subsection (b) or (c), respectively, 
of section 11004.

[SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.

  [(a) Applications.--Each eligible entity desiring to use 
funds made available under section 14206(b) shall submit an 
application to the Secretary at such time, in such manner and 
accompanied by such information as the Secretary may reasonably 
require.
  [(b) Project Development Plan.--The application for the 
development of the coordinated services project under this 
title shall cover a period of not more than 1 year and shall 
include a plan that--
          [(1) demonstrates that an assessment will be 
        performed of the economic, social, and health barriers 
        to educational achievement experienced by children and 
        families, including foster children and their foster 
        families, in the community, and the local, State, 
        Federal, and privately funded services available to 
        meet such needs;
          [(2) identifies the measures that will be taken to 
        establish a communitywide partnership that links public 
        and private agencies providing services to children and 
        families; and
          [(3) identifies any other measures that will be taken 
        to develop a comprehensive plan for the implementation 
        or expansion of a coordinated services project.
  [(c) Project Implementation or Expansion Plan.--The 
application for the implementation or expansion of a 
coordinated services project under this title shall contain a 
plan that includes--
          [(1) the results of a children and families needs 
        assessment, which shall include an assessment of the 
        needs of foster children;
          [(2) a description of the entities operating the 
        coordinated services project;
          [(3) a description of the proposed coordinated 
        services project, the objectives of such project, where 
        such project will be located, and the staff that will 
        be used to carry out such project;
          [(4) a description of how the success of the 
        coordinated services project will be evaluated;
          [(5) a description of the training to be provided to 
        teachers and appropriate personnel;
          [(6) information regarding whether a sliding scale 
        fee for services will be employed, and if not, an 
        explanation of why such scale is not feasible; and
          [(7) when applicable, strategies to ensure that the 
        health and welfare needs of migratory families are 
        addressed.

[SEC. 11005. USES OF FUNDS.

  [(a) Uses.--
          [(1) In general.--Funds made available under section 
        14206(b) may be used for planning for, or the 
        implementation or expansion of, activities which 
        include--
                  [(A) hiring a services coordinator;
                  [(B) making minor renovations to existing 
                buildings;
                  [(C) purchasing basic operating equipment;
                  [(D) improving communications and 
                information-sharing among entities 
                participating in the coordinated services 
                project;
                  [(E) providing training to teachers and 
                appropriate personnel concerning such teacher's 
                and personnel's role in a coordinated services 
                project; or
                  [(F) conducting the needs assessment required 
                in section 11004(b)(1).
          [(2) Prohibition.--Funds made available under section 
        14206(b) shall not be used for the direct provision of 
        any health or health-related services.
  [(b) Federal Funds To Supplement, Not Supplant, Non-Federal 
Funds.--An eligible entity shall use funds received under this 
title only to supplement the amount of funds that would, in the 
absence of such Federal funds, be made available from non-
Federal sources for coordinated services, and not to supplant 
such funds.

[SEC. 11006. CONTINUING AUTHORITY.

  [The Secretary shall prohibit an eligible entity from using 
funds made available under section 14206(b) if the Secretary 
determines that the coordinated services project assisted under 
this title is not achieving effective coordination after two 
years of implementation of such project.

[SEC. 11007. FEDERAL AGENCY COORDINATION.

  [(a) Agency Coordination.--The Secretaries of Education, 
Health and Human Services, Labor, Housing and Urban 
Development, Treasury, and Agriculture, and the Attorney 
General shall review the programs administered by their 
agencies to identify barriers to service coordination.
  [(b) Report to Congress.--Such Secretaries and the Attorney 
General shall submit jointly a report to the Congress not later 
than two years after the date of the enactment of the Improving 
America's Schools Act of 1994, based on the review required 
under subsection (a) recommending legislative and regulatory 
action to address such barriers, and during the time preceding 
the submission of such report, shall use waiver authorities 
authorized under this and other Acts to address such barriers.]

           *       *       *       *       *       *       *


                     [TITLE XIV--GENERAL PROVISIONS

                          [PART A--DEFINITIONS

[SEC. 14101. DEFINITIONS.

  [Except as otherwise provided, for the purposes of this Act, 
the following terms have the following meanings:
          [(1) Average daily attendance.--(A) Except as 
        provided otherwise by State law or this paragraph, the 
        term ``average daily attendance'' means--
                  [(i) the aggregate number of days of 
                attendance of all students during a school 
                year; divided by
                  [(ii) the number of days school is in session 
                during such school year.
          [(B) The Secretary shall permit the conversion of 
        average daily membership (or other similar data) to 
        average daily attendance for local educational agencies 
        in States that provide State aid to local educational 
        agencies on the basis of average daily membership or 
        such other data.
          [(C) If the local educational agency in which a child 
        resides makes a tuition or other payment for the free 
        public education of the child in a school located in 
        another school district, the Secretary shall, for 
        purposes of this Act--
                  [(i) consider the child to be in attendance 
                at a school of the agency making such payment; 
                and
                  [(ii) not consider the child to be in 
                attendance at a school of the agency receiving 
                such payment.
          [(D) If a local educational agency makes a tuition 
        payment to a private school or to a public school of 
        another local educational agency for a child with 
        disabilities, as defined in section 602(a)(1) 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 14302.
          [(6) Consolidated local plan.--The term 
        ``consolidated local plan'' means a plan submitted by a 
        local educational agency pursuant to section 14302.
          [(7) Consolidated state application.--The term 
        ``consolidated State application'' means an application 
        submitted by a State educational agency pursuant to 
        section 14302.
          [(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 III;
                  [(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 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 that term in section 101 of the Higher Education 
        Act of 1965.
          [(18) Local educational agency.--(A) The term ``local 
        educational agency'' means a public board of education 
        or other public authority legally constituted within a 
        State for either administrative control or direction 
        of, or to perform a service function for, public 
        elementary or secondary schools in a city, county, 
        township, school district, or other political 
        subdivision of a State, or for such combination of 
        school districts or counties as are recognized in a 
        State as an administrative agency for its public 
        elementary or secondary schools.
          [(B) The term includes any other public institution 
        or agency having administrative control and direction 
        of a public elementary or secondary school.
          [(C) The term includes an elementary or secondary 
        school funded by the Bureau of Indian Affairs but only 
        to the extent that such inclusion makes such school 
        eligible for programs for which specific eligibility is 
        not provided to such school in another provision of law 
        and such school does not have a student population that 
        is smaller than the student population of the local 
        educational agency receiving assistance under this Act 
        with the smallest student population, except that such 
        school shall not be subject to the jurisdiction of any 
        State educational agency other than the Bureau of 
        Indian Affairs.
          [(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 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) Public telecommunication entity.--The term 
        ``public telecommunication entity'' has the same 
        meaning given to such term in section 397(12) of the 
        Communications Act of 1934.
          [(24) Pupil services personnel; pupil services.--(A) 
        The term ``pupil services personnel'' means school 
        counselors, school social workers, school 
        psychologists, and other qualified professional 
        personnel involved in providing assessment, diagnosis, 
        counseling, educational, therapeutic, and other 
        necessary services (including related services as such 
        term is defined in section 602(a)(17) of the 
        Individuals with Disabilities Education Act) as part of 
        a comprehensive program to meet student needs.
          [(B) The term ``pupil services'' means the services 
        provided by pupil services personnel.
          [(25) 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.
          [(26) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          [(27) 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.
          [(28) State educational agency.--The term ``State 
        educational agency'' means the agency primarily 
        responsible for the State supervision of public 
        elementary and secondary schools.
          [(29) 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.

[SEC. 14102. APPLICABILITY OF THIS TITLE.

  [Parts B, C, D, E, and F of this title do not apply to title 
VIII of this Act.

[SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED 
                    SCHOOLS.

  [For purposes of any competitive program under this Act, a 
consortia of schools operated by the Bureau of Indian Affairs, 
a school operated under a contract or grant with the Bureau of 
Indian Affairs in consortia with another contract or grant 
school or tribal or community organization, or a Bureau of 
Indian Affairs school in consortia with an institution of 
higher education, a contract or grant school and tribal or 
community organization shall be given the same consideration as 
a local educational agency.

   [PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

[SEC. 14201. 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 
        14101(10), and administrative funds under section 
        308(c) of the Goals 2000: Educate America Act.
  [(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 administration of this title;
                  [(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 and title III of the Goals 2000: Educate 
America Act.

[SEC. 14202. 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. 14203. 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.--Within one year from the date of 
enactment of the Improving America's Schools Act of 1994, 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 
14201(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. 14204. ADMINISTRATIVE FUNDS STUDIES.

  [(a) Federal Funds Study.--
          [(1) In general.--The Secretary shall conduct a study 
        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.
          [(2) State data.--Beginning in fiscal year 1995 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 report.--The Secretary shall 
        complete the study conducted under this section not 
        later than July 1, 1997, and shall submit to the 
        President and the appropriate committees of the 
        Congress a report regarding such study within 30 days 
        of the completion of such study.
          [(4) Results.--Based on the results of the study 
        described in subsection (a)(1), which may include 
        collection and analysis of the data under paragraph (2) 
        and section 410(b) of the Improving America's Schools 
        Act of 1994, the Secretary shall--
                  [(A) develop a definition of what types of 
                activities constitute the administration of 
                programs under this Act by State and local 
                educational agencies; and
                  [(B) within one year of the completion of 
                such study, promulgate final regulations or 
                guidelines regarding the use of funds for 
                administration under all programs, including 
                the use of such funds on a consolidated basis 
                and limitations on the amount of such funds 
                that may be used for administration where such 
                limitation is not otherwise specified in law.
  [(b) General Administrative Funds Study and Report.--Upon the 
date of completion of the pilot model data system described in 
section 410(b) of the Improving America's Schools Act of 1994, 
the Secretary shall study the information obtained through the 
use of such data system and other relevant information, as well 
as any other data systems which are in use on such date that 
account for administrative expenses at the school, local 
educational agency, and State educational agency level, and 
shall report to the Congress not later than July 1, 1997, 
regarding--
          [(1) the potential for the reduction of 
        administrative expenses at the school, local 
        educational agency, and State educational agency 
        levels;
          [(2) the potential usefulness of such data system to 
        reduce such administrative expenses;
          [(3) any other methods which may be employed by 
        schools, local educational agencies or State 
        educational agencies to reduce administrative expenses 
        and maximize the use of funds for functions directly 
        affecting student learning; and
          [(4) if appropriate, steps which may be taken to 
        assist schools, local educational agencies and State 
        educational agencies to account for and reduce 
        administrative expenses.

[SEC. 14205.  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 of this Act, and the education 
        for homeless children and youth program under subtitle 
        B of title VII of the Stewart B. McKinney Homeless 
        Assistance Act, the amounts allotted to the Department 
        of the Interior under those programs.
          [(2) Agreement.--(A) The Secretary and the Secretary 
        of the Interior shall enter into an agreement, 
        consistent with the requirements of the programs 
        specified in paragraph (1), for the distribution and 
        use of those program funds under terms that the 
        Secretary determines best meet the purposes of those 
        programs.
          [(B) The agreement shall--
                  [(i) set forth the plans of the Secretary of 
                the Interior for the use of the amount 
                transferred, the steps to be taken to achieve 
                the National 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. 14206.  AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

  [(a) Unneeded Program Funds.--With the approval of its State 
educational agency, a local educational agency that determines 
for any fiscal year that funds under a covered program (other 
than part A of title I) are not needed for the purpose of that 
covered program, may use such funds, not to exceed five percent 
of the total amount of such local educational agency's funds 
under that covered program, for the purpose of another covered 
program.
  [(b) Coordination of Services.--A local educational agency, 
individual school, or consortium of schools may use a total of 
not more than five percent of the funds such agency, school, or 
consortium, respectively, receives under this Act for the 
establishment and implementation of a coordinated services 
project in accordance with the requirements of title XI of this 
Act.

 [PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
                            AND APPLICATIONS

[SEC. 14301. 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. 14302.  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 the Goals 2000: Educate 
                America Act;
                  [(D) programs under the School-to-Work 
                Opportunities Act of 1994; and
                  [(E) 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 the Act to which this 
        section applies, the descriptions, information, 
        assurances, and other material required to be included 
        in a consolidated State plan or consolidated State 
        application.
          [(3) Necessary materials.--The Secretary shall 
        require only descriptions, information, assurances, and 
        other materials that are absolutely necessary for the 
        consideration of the consolidated State plan or 
        consolidated State application.

[SEC. 14303.  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 14302, 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 programs under this Act.

[SEC. 14304. 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 6 months after the date of enactment of the 
Improving America's Schools Act of 1994.

[SEC. 14305. 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 14302 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. 14306. 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 14304, 
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 does not apply to programs under this Act.

[SEC. 14307.  RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS UNDER THE 
                    GOALS 2000: EDUCATE AMERICA ACT.

  [(a) State Plans.--
          [(1) In general.--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 title III of the 
        Goals 2000: Educate America Act, the School-to-Work 
        Opportunities Act of 1994, and the Carl D. Perkins 
        Vocational and Technical Education Act of 1998:
                  [(A) Part A of title I (helping disadvantaged 
                children meet high standards).
                  [(B) Part C of title I (education of 
                migratory children).
                  [(C) Part D of title I (education of 
                neglected, delinquent, and at-risk youth).
                  [(D) Title II (professional development).
                  [(E) Title IV (safe and drug-free schools).
                  [(F) Title VI (innovative education program 
                strategies).
                  [(G) Subpart 4 of part A of title IX (Indian 
                education).
          [(2) Special rule.--Notwithstanding any other 
        provision of this Act, if a requirement relating to a 
        State plan referred to in paragraph (1) is already 
        satisfied by the approved State improvement plan for 
        such State under title III of the Goals 2000: Educate 
        America Act, the State plan referred to in paragraph 
        (1) need not separately address that requirement.
          [(3) Amendment.--Any State plan referred to in 
        paragraph (1) may, if necessary, be submitted as an 
        amendment to the State improvement plan for such State 
        under title III of the Goals 2000: Educate America Act.
  [(b) Local Plans.--
          [(1) In general.--Each local educational agency plan 
        submitted under the following programs shall be 
        integrated with each other and its local improvement 
        plan, if any, either approved or being developed, under 
        title III of the Goals 2000: Educate America Act:
                  [(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) Subpart 4 of part A of title IX (Indian 
                education).
                  [(E) Subpart 1 of part A of title VII 
                (bilingual education).
                  [(F) Title VI (innovative education program 
                strategies).
                  [(G) Part C of title VII (emergency immigrant 
                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 
        and local improvement plans, either approved or being 
        developed, under title III of the Goals 2000: Educate 
        America Act or, if those plans are not approved or 
        being developed, with the State and local plans under 
        sections 1111 and 1112.
          [(3) Special rule.--Notwithstanding any other 
        provision of this Act, if a requirement relating to a 
        local plan referred to in paragraph (1) is already 
        satisfied by the local educational agency's approved 
        local improvement plan under title III of the Goals 
        2000: Educate America Act, the local plan referred to 
        in paragraph (1) need not separately address that 
        requirement.
          [(4) Submission.--Any local plan referred to in 
        paragraph (1) may, if necessary, be submitted as an 
        amendment to the local educational agency's improvement 
        plan under title III of the Goals 2000: Educate America 
        Act.

                            [PART D--WAIVERS

[SEC. 14401.  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) In the case of a 
        waiver request submitted by a State educational agency 
        acting in its own behalf, the State educational agency 
        shall--
                  [(i) provide all interested local educational 
                agencies in the State with notice and a 
                reasonable opportunity to comment on the 
                request;
                  [(ii) submit the comments to the Secretary; 
                and
                  [(iii) provide notice and information to the 
                public regarding the waiver request in the 
                manner that the applying agency customarily 
                provides similar notices and information to the 
                public.
          [(B) In the case of a waiver request submitted by a 
        local educational agency that receives funds under this 
        Act--
                  [(i) such request shall be reviewed by the 
                State educational agency and be accompanied by 
                the comments, if any, of such State educational 
                agency; and
                  [(ii) notice and information regarding the 
                waiver request shall be provided to the public 
                by the agency requesting the waiver in the 
                manner that such agency customarily provides 
                similar notices and information to the public.
  [(c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
          [(1) the allocation or distribution of funds to 
        States, local educational agencies, or other recipients 
        of funds under this Act;
          [(2) maintenance of effort;
          [(3) comparability of services;
          [(4) use of Federal funds to supplement, not 
        supplant, non-Federal funds;
          [(5) equitable participation of private school 
        students and teachers;
          [(6) parental participation and involvement;
          [(7) applicable civil rights requirements;
          [(8) the requirement for a charter school under part 
        C of title X; or
          [(9) the prohibitions regarding--
                  [(A) State aid in section 14502; or
                  [(B) use of funds for religious worship or 
                instruction in section 14507.
  [(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 
        1997 and each subsequent year, the Secretary shall 
        submit to the Committee on Education and Labor of the 
        House of Representatives and the Committee on Labor and 
        Human Resources 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 E--UNIFORM PROVISIONS

[SEC. 14501. MAINTENANCE OF EFFORT.

  [(a) In General.--A local educational agency may receive 
funds under a covered program for any fiscal year only if the 
State educational agency finds that either the combined fiscal 
effort per student or the aggregate expenditures of such agency 
and the State with respect to the provision of free public 
education by such agency for the preceding fiscal year was not 
less than 90 percent of such combined fiscal effort or 
aggregate expenditures for the second preceding fiscal year.
  [(b) Reduction in Case of Failure To Meet.--
          [(1) In general.--The State educational agency shall 
        reduce the amount of the allocation of funds under a 
        covered program in any fiscal year in the exact 
        proportion to which a local educational agency fails to 
        meet the requirement of subsection (a) by falling below 
        90 percent of both the combined fiscal effort per 
        student and aggregate expenditures (using the measure 
        most favorable to such local agency).
          [(2) Special rule.--No such lesser amount shall be 
        used for computing the effort required under subsection 
        (a) for subsequent years.
  [(c) Waiver.--The Secretary may waive the requirements of 
this section if the Secretary determines that such a waiver 
would be equitable due to--
          [(1) exceptional or uncontrollable circumstances such 
        as a natural disaster; or
          [(2) a precipitous decline in the financial resources 
        of the local educational agency.

[SEC. 14502. PROHIBITION REGARDING STATE AID.

  [A State shall not take into consideration payments under 
this Act (other than under title VIII) in determining the 
eligibility of any local educational agency in such State for 
State aid, or the amount of State aid, with respect to free 
public education of children.

[SEC. 14503.  PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

  [(a) Private School Participation.--
          [(1) In general.--Except as otherwise provided in 
        this Act, to the extent consistent with the number of 
        eligible children in a State educational agency, local 
        educational agency, or educational service agency or 
        consortium of such agencies receiving financial 
        assistance under a program specified in subsection (b), 
        who are enrolled in private elementary and secondary 
        schools in such agency or consortium, such agency or 
        consortium shall, after timely and meaningful 
        consultation with appropriate private school officials, 
        provide such children and their teachers or other 
        educational personnel, on an equitable basis, special 
        educational services or other benefits under such 
        program.
          [(2) Secular, neutral, and nonideological services or 
        benefits.--Educational services or other benefits, 
        including materials and equipment, provided under this 
        section, shall be secular, neutral, and nonideological.
          [(3) Special rule.--Educational services and other 
        benefits provided under this section for such private 
        school children, teachers, and other educational 
        personnel shall be equitable in comparison to services 
        and other benefits for public school children, 
        teachers, and other educational personnel participating 
        in such program.
          [(4) Expenditures.--Expenditures for educational 
        services and other benefits provided under this section 
        to eligible private school children, their teachers, 
        and other educational personnel serving such children 
        shall be equal, taking into account the number and 
        educational needs of the children to be served, to the 
        expenditures for participating public school children.
          [(5) Provision of services.--Such agency or 
        consortium described in subsection (a)(1) may provide 
        such services directly or through contracts with public 
        and private agencies, organizations, and institutions.
  [(b) Applicability.--
          [(1) In general.--This section applies to programs 
        under--
                  [(A) part C of title I (migrant education);
                  [(B) title II (other than section 2103 and 
                part D of such title);
                  [(C) title VII;
                  [(D) title III (other than part B of such 
                title) (Star Schools); and
                  [(E) part A of title IV (other than section 
                4114).
          [(2) Definition.--For the purposes of this section, 
        the term ``eligible children'' means children eligible 
        for services under a program described in paragraph 
        (1).
  [(c) Consultation.--
          [(1) In general.--To ensure timely and meaningful 
        consultation, a State educational agency, local 
        educational agency, educational service agency or 
        consortium of such agencies shall consult with 
        appropriate private school officials during the design 
        and development of the programs under this Act, on 
        issues such as--
                  [(A) how the children's needs will be 
                identified;
                  [(B) what services will be offered;
                  [(C) how and where the services will be 
                provided; and
                  [(D) how the services will be assessed.
          [(2) Timing.--Such consultation shall occur before 
        the agency or consortium makes any decision that 
        affects the opportunities of eligible private school 
        children, teachers, and other educational personnel to 
        participate in programs under this Act.
          [(3) Discussion required.--Such consultation shall 
        include a discussion of service delivery mechanisms 
        that the agency or consortium could use to provide 
        equitable services to eligible private school children, 
        teachers, administrators, and other staff.
  [(d) Public Control of Funds.--
          [(1) In general.--The control of funds used to 
        provide services under this section, and title to 
        materials, equipment, and property purchased with such 
        funds, shall be in a public agency for the uses and 
        purposes provided in this Act, and a public agency 
        shall administer such funds and property.
          [(2) Provision of services.--(A) The provision of 
        services under this section shall be provided--
                  [(i) by employees of a public agency; or
                  [(ii) through contract by such public agency 
                with an individual, association, agency, or 
                organization.
          [(B) In the provision of such services, such 
        employee, person, association, agency, or organization 
        shall be independent of such private school and of any 
        religious organization, and such employment or contract 
        shall be under the control and supervision of such 
        public agency.
          [(C) Funds used to provide services under this 
        section shall not be commingled with non-Federal funds.

[SEC. 14504. STANDARDS FOR BY-PASS.

  [If, by reason of any provision of law, a State educational 
agency, local educational agency, educational service agency or 
consortium of such agencies is prohibited from providing for 
the participation in programs of children enrolled in, or 
teachers or other educational personnel from, private 
elementary and secondary schools, on an equitable basis, or if 
the Secretary determines that such agency or consortium has 
substantially failed or is unwilling to provide for such 
participation, as required by section 14503, the Secretary 
shall--
          [(1) waive the requirements of that section for such 
        agency or consortium; and
          [(2) arrange for the provision of equitable services 
        to such children, teachers, or other educational 
        personnel through arrangements that shall be subject to 
        the requirements of this section and of sections 14503, 
        14505, and 14506.

[SEC. 14505.  COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
                    CHILDREN.

  [(a) Procedures for Complaints.--The Secretary shall develop 
and implement written procedures for receiving, investigating, 
and resolving complaints from parents, teachers, or other 
individuals and organizations concerning violations of section 
14503 by a State educational agency, local educational agency, 
educational service agency, or consortium of such agencies. 
Such individual or organization shall submit such complaint to 
the State educational agency for a written resolution by the 
State educational agency within a reasonable period of time.
  [(b) Appeals to the Secretary.--Such resolution may be 
appealed by an interested party to the Secretary not later than 
30 days after the State educational agency resolves the 
complaint or fails to resolve the complaint within a reasonable 
period of time. Such appeal shall be accompanied by a copy of 
the State educational agency's resolution, and a complete 
statement of the reasons supporting the appeal. The Secretary 
shall investigate and resolve each such appeal not later than 
120 days after receipt of the appeal.

[SEC. 14506. BY-PASS DETERMINATION PROCESS.

  [(a) Review.--
          [(1) In general.--(A) The Secretary shall not take 
        any final action under section 14504 until the State 
        educational agency, local educational agency, 
        educational service agency, or consortium of such 
        agencies affected by such action has had an 
        opportunity, for not less than 45 days after receiving 
        written notice thereof, to submit written objections 
        and to appear before the Secretary to show cause why 
        that action should not be taken.
          [(B) Pending final resolution of any investigation or 
        complaint that could result in a determination under 
        this section, the Secretary may withhold from the 
        allocation of the affected State or local educational 
        agency the amount estimated by the Secretary to be 
        necessary to pay the cost of those services.
          [(2) Petition for review.--(A) If such affected 
        agency or consortium is dissatisfied with the 
        Secretary's final action after a proceeding under 
        paragraph (1), such agency or consortium may, within 60 
        days after notice of such action, file with the United 
        States court of appeals for the circuit in which such 
        State is located a petition for review of that action.
          [(B) A copy of the petition shall be forthwith 
        transmitted by the clerk of the court to the Secretary.
          [(C) The Secretary upon receipt of the copy of the 
        petition shall file in the court the record of the 
        proceedings on which the Secretary based this action, 
        as provided in section 2112 of title 28, United States 
        Code.
          [(3) Findings of fact.--(A) The findings of fact by 
        the Secretary, if supported by substantial evidence, 
        shall be conclusive, but the court, for good cause 
        shown, may remand the case to the Secretary to take 
        further evidence and the Secretary may then make new or 
        modified findings of fact and may modify the 
        Secretary's previous action, and shall file in the 
        court the record of the further proceedings.
          [(B) Such new or modified findings of fact shall 
        likewise be conclusive if supported by substantial 
        evidence.
          [(4) Jurisdiction.--(A) Upon the filing of such 
        petition, the court shall have jurisdiction to affirm 
        the action of the Secretary or to set such action 
        aside, in whole or in part.
          [(B) The judgment of the court shall be subject to 
        review by the Supreme Court of the United States upon 
        certiorari or certification as provided in section 1254 
        of title 28, United States Code.
  [(b) Determination.--Any determination by the Secretary under 
this section shall continue in effect until the Secretary 
determines, in consultation with such agency or consortium and 
representatives of the affected private school children, 
teachers, or other educational personnel that there will no 
longer be any failure or inability on the part of such agency 
or consortium to meet the applicable requirements of section 
14503 or any other provision of this Act.
  [(c) Payment From State Allotment.--When the Secretary 
arranges for services pursuant to this section, the Secretary 
shall, after consultation with the appropriate public and 
private school officials, pay the cost of such services, 
including the administrative costs of arranging for those 
services, from the appropriate allocation or allocations under 
this Act.
  [(d) Prior Determination.--Any by-pass determination by the 
Secretary under this Act as in effect on the day preceding the 
date of enactment of the Improving America's Schools Act of 
1994 shall remain in effect to the extent the Secretary 
determines that such determination is consistent with the 
purpose of this section.

[SEC. 14507.  PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR 
                    INSTRUCTION.

  [Nothing contained in this Act shall be construed to 
authorize the making of any payment under this Act for 
religious worship or instruction.

[SEC. 14508. APPLICABILITY TO HOME SCHOOLS.

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

[SEC. 14509.  GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC 
                    SCHOOLS.

  [Nothing in this Act shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of 
any private, religious, or home school, whether or not a home 
school is treated as a private school or home school under 
State law. This section shall not be construed to bar private, 
religious, or home schools from participation in programs or 
services under this Act.

[SEC. 14510. SCHOOL PRAYER.

  [Any State or local educational agency that is adjudged by a 
Federal court of competent jurisdiction to have willfully 
violated a Federal court order mandating that such local 
educational agency remedy a violation of the constitutional 
right of any student with respect to prayer in public schools, 
in addition to any other judicial remedies, shall be ineligible 
to receive Federal funds under this Act until such time as the 
local educational agency complies with such order. Funds that 
are withheld under this section shall not be reimbursed for the 
period during which the local educational agency was in willful 
noncompliance.

[SEC. 14511. GENERAL PROHIBITIONS.

  [(a) Prohibition.--None of the funds authorized under this 
Act shall be used--
          [(1) to develop or distribute materials, or operate 
        programs or courses of instruction directed at youth 
        that are designed to promote or encourage, sexual 
        activity, whether homosexual or heterosexual;
          [(2) to distribute or to aid in the distribution by 
        any organization of legally obscene materials to minors 
        on school grounds;
          [(3) to provide sex education or HIV prevention 
        education in schools unless such instruction is age 
        appropriate and includes the health benefits of 
        abstinence; or
          [(4) to operate a program of condom distribution in 
        schools.
  [(b) Local Control.--Nothing in this section shall be 
construed to--
          [(1) authorize an officer or employee of the Federal 
        Government to mandate, direct, review, or control a 
        State, local educational agency, or schools' 
        instructional content, curriculum, and related 
        activities;
          [(2) limit the application of the General Education 
        Provisions Act;
          [(3) require the distribution of scientifically or 
        medically false or inaccurate materials or to prohibit 
        the distribution of scientifically or medically true or 
        accurate materials; or
          [(4) create any legally enforceable right.

[SEC. 14512.  PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.

  [Nothing in this Act shall be construed to authorize an 
officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or 
school's curriculum, program of instruction, or allocation of 
State or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for 
under this Act.

[SEC. 14513. REPORT.

  [The Secretary shall report to the Congress not later than 
180 days after the date of enactment of the Improving America's 
Schools Act of 1994 regarding how the Secretary shall ensure 
that audits conducted by Department employees of activities 
assisted under this Act comply with changes to this Act made by 
the Improving America's Schools Act of 1994, particularly with 
respect to permitting children with similar educational needs 
to be served in the same educational settings, where 
appropriate.

[SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.

  [Notwithstanding any other provision of law, no State shall 
be required to participate in any program under the Goals 2000: 
Educate America Act, or to have content standards or student 
performance standards approved or certified under such Act, in 
order to receive assistance under this Act.

                        [PART F--GUN POSSESSION

[SEC. 14601. GUN-FREE REQUIREMENTS.

  [(a) Short Title.--This section may be cited as the ``Gun-
Free Schools Act of 1994''.
  [(b) Requirements.--
          [(1) In general.--Except as provided in paragraph 
        (3), 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 such local educational agency 
        to modify such expulsion requirement for a student on a 
        case-by-case basis.
          [(2) Construction.--Nothing in this title 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) Special rule.--(A) Any State that has a law in 
        effect prior to the date of enactment of the Improving 
        America's Schools Act of 1994 which is in conflict with 
        the not less than one year expulsion requirement 
        described in paragraph (1) shall have the period of 
        time described in subparagraph (B) to comply with such 
        requirement.
          [(B) The period of time shall be the period beginning 
        on the date of enactment of the Improving America's 
        Schools Act and ending one year after such date.
          [(4) Definition.--For the purpose of this section, 
        the term ``weapon'' means a firearm as such term is 
        defined in section 921 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 (c) to the Secretary on an annual 
basis.
  [(f) Report to Congress.--Two years after the date of 
enactment of the Improving America's Schools Act of 1994, the 
Secretary shall report to Congress if any State is not in 
compliance with the requirements of this title.

[SEC. 14602.  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 same meaning given to such 
terms by section 921(a) of title 18, United States Code.

[SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

  [The Secretary shall--
          [(1) widely disseminate the policy of the Department 
        in effect on the date of enactment of the Improving 
        America's Schools Act of 1994 with respect to 
        disciplining children with disabilities;
          [(2) collect data on the incidence of children with 
        disabilities (as such term is defined in section 
        602(a)(1) of the Individuals With Disabilities 
        Education Act) engaging in life threatening behavior or 
        bringing weapons to schools; and
          [(3) submit a report to Congress not later than 
        January 31, 1995, analyzing the strengths and problems 
        with the current approaches regarding disciplining 
        children with disabilities.

                          [PART G--EVALUATIONS

[SEC. 14701. 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 related 
                Federal preschool, elementary and secondary 
                programs under other Federal law; 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) Paragraph (1) shall not apply 
        to any program under title I.
          [(B) 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 subsection (a)(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) to carry out--
                  [(A) 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 the National 
                        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; and
                          [(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;
                  [(B) in collaboration with the national 
                assessment conducted pursuant to section 1601, 
                a comprehensive evaluation of how the Federal 
                Government has assisted the States to reform 
                their educational systems through the various 
                education laws enacted during the 103d 
                Congress, which evaluation shall--
                          [(i) encompass the changes made in 
                        Federal programs pursuant to the 
                        Improving America's Schools Act of 1994 
                        as well as in any other law enacted 
                        during the 103d Congress that amended a 
                        Federal program assisting preschool, 
                        elementary, or secondary education;
                          [(ii) encompass new initiatives such 
                        as initiatives under the Goals 2000: 
                        Educate America Act, and the School-to-
                        Work Opportunities Act of 1994, and be 
                        coordinated with evaluations of such 
                        Acts;
                          [(iii) include a comprehensive review 
                        of the programs developed under the 
                        Acts described in clauses (i) and (ii) 
                        to determine such programs' overall 
                        effect on--
                                  [(I) the readiness of 
                                children for schooling;
                                  [(II) the improvement in 
                                educational attainment of 
                                students in elementary and 
                                secondary education; and
                                  [(III) the improvement in 
                                skills needed by students to 
                                obtain employment or pursue 
                                further education upon 
                                completion of secondary school 
                                or further education;
                          [(iv) include a comprehensive review 
                        of the programs under the Acts 
                        described in clauses (i) and (ii) to 
                        determine such programs' overall 
                        effect--
                                  [(I) on school reform efforts 
                                undertaken by States;
                                  [(II) on efforts by States to 
                                adopt educational standards to 
                                improve schooling for all 
                                children, to align their 
                                curricula, teacher training, 
                                and assessments with such 
                                standards, and to bring 
                                flexibility to the rules 
                                governing how education is to 
                                be provided; and
                                  [(III) on student populations 
                                that have been the traditional 
                                beneficiaries of Federal 
                                assistance in order to 
                                determine whether such 
                                population's educational 
                                attainment has been improved as 
                                a result of such programs;
                          [(v) evaluate how the National 
                        Assessment Governing Board, the 
                        Advisory Council on Education 
                        Statistics, and the National Education 
                        Goals Panel coordinate, interact, or 
                        duplicate efforts to assist the States 
                        in reforming the educational systems of 
                        States; and
                          [(vi) include a review of the 
                        programs under the Acts described in 
                        clauses (i) and (ii) in such detail as 
                        the Secretary deems appropriate, and 
                        may involve cooperation with other 
                        Federal departments and agencies in 
                        order to incorporate evaluations and 
                        recommendations of such departments and 
                        agencies; and
                  [(C) a study of the waivers granted under 
                section 14401, 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, the School-to-
                        Work Opportunities Act of 1994, and the 
                        Goals 2000: Educate America 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.
                  [(D) a study of the waivers provided 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.
          [(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, 1998, to the Committee on Education and 
        Labor of the House of Representatives and to the 
        Committee on Labor and Human Resources 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.

                     [PART H--SENSE OF THE CONGRESS

[SEC. 14801.  SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE OF FEDERAL 
                    SPENDING ON EDUCATION.

  [(a) Findings.--The Congress finds that--
          [(1) in order to increase our Nation's standard of 
        living and to increase the number of good jobs, the 
        United States must increase its productivity and 
        ability to compete in the international marketplace by 
        improving the educational level of our workforce;
          [(2) although efforts are being made to establish 
        higher educational standards and goals, there is a 
        substantial shortage of resources to meet such 
        standards and goals;
          [(3) States and local communities are finding it 
        increasingly difficult to meet ever higher educational 
        standards and goals, and States will not be able to 
        fund needed changes without Federal help to reach such 
        standards and goals;
          [(4) the Federal Government has established many 
        educational programs but failed to provide adequate 
        funding for such programs, for example one such program 
        provides education to our Nation's disabled students 
        and was established with a promise of 40 percent 
        Federal funding but currently receives only eight 
        percent Federal funding;
          [(5) the annual shortfall in Federal education 
        programs is approximately half of the promised funding;
          [(6) many needed educational improvements will not 
        need Federal funds, however, other suggested changes 
        such as lengthened school years, better pay, after-
        school activities, mentoring for students at risk, 
        programs for gifted students, and replacing substandard 
        buildings, will require substantial Federal assistance; 
        and
          [(7) the Federal contribution to education is less 
        than two percent of the total Federal budget, and in 
        order to make education a national priority, the total 
        percentage of Federal educational funding should be 
        increased by one percent each year over the next eight 
        years to reach 10 percent of the total Federal budget.
  [(b) Sense of the Congress.--It is the sense of the Congress 
that the total share of the Federal spending on education 
should increase by at least one percent each year until such 
share reaches 10 percent of the total Federal budget.

[SEC. 14802.  SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

  [(a) Purchase of American-Made Equipment and Products.--In 
the case of any equipment or products that may be authorized to 
be purchased with financial assistance provided under this Act, 
it is the sense of the Congress that entities receiving such 
assistance should, in expending the assistance, purchase only 
American-made equipment and products.
  [(b) Notice to Recipients of Assistance.--In providing 
financial assistance under this Act, the head of each Federal 
agency shall provide to each recipient of the assistance a 
notice describing the statement made in subsection (a) by the 
Congress.]

                     TITLE XIV--GENERAL PROVISIONS

                          PART A--DEFINITIONS

SEC. 14101. DEFINITIONS.

  Except as otherwise provided, for the purposes of this Act, 
the following terms have the following meanings:
          (1) Average daily attendance--
                  (A) Except as provided otherwise by State law 
                or this paragraph, the term ``average daily 
                attendance'' means--
                          (i) the aggregate number of days of 
                        attendance of all students during a 
                        school year; divided by
                          (ii) the number of days school is in 
                        session during such school year.
                  (B) The Secretary shall permit the conversion 
                of average daily membership (or other similar 
                data) to average daily attendance for local 
                educational agencies in States that provide 
                State aid to local educational agencies on the 
                basis of average daily membership or such other 
                data.
                  (C) If the local educational agency in which 
                a child resides makes a tuition or other 
                payment for the free public education of the 
                child in a school located in another school 
                district, the Secretary shall, for purposes of 
                this Act--
                          (i) consider the child to be in 
                        attendance at a school of the agency 
                        making such payment; and
                          (ii) not consider the child to be in 
                        attendance at a school of the agency 
                        receiving such payment.
                  (D) If a local educational agency makes a 
                tuition payment to a private school or to a 
                public school of another local educational 
                agency for a child with disabilities, as 
                defined in section 602(3) 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) Child with disability.--The term ``child with a 
        disability'' means a child--
                  (A) with mental retardation, hearing 
                impairments, hearing impairments (including 
                deafness), speech or language impairments, 
                visual impairments (including blindness), 
                serious emotional disturbance (hereinafter 
                referred to as ``emotional disturbance''), 
                orthopedic impairments, autism, traumatic brain 
                injury, other health impairments, or specific 
                learning disabilities; and
                  (B) who, by reason thereof, needs special 
                education and related services.
          (5) 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.
          (6) Consolidated local application.--The term 
        ``consolidated local application'' means an application 
        submitted by a local educational agency pursuant to 
        section 14305.
          (7) Consolidated local plan.--The term ``consolidated 
        local plan'' means a plan submitted by a local 
        educational agency pursuant to section 14305.
          (8) Consolidated state application.--The term 
        ``consolidated State application'' means an application 
        submitted by a State educational agency pursuant to 
        section 14302.
          (9) Consolidated state plan.--The term ``consolidated 
        State plan'' means a plan submitted by a State 
        educational agency pursuant to section 14302.
          (10) 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.
          (11) Covered program.--The term ``covered program'' 
        means each of the programs authorized by--
                  (A) part A of title I;
                  (B) part B of title I;
                  (C) part C of title I;
                  (D) part D of title I;
                  (E) title II (other than National 
                activities);
                  (F) subpart 2 of part A of title III;
                  (G) part A title IV (other than section 
                4115(b));
                  (H) title VI;
                  (I) 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);
                  (K) part A of title VII;
                  (L) part C of title VII;
                  (M) part J of title X; and
                  (N) title XII.
          (12) Current expenditures.--The term ``current 
        expenditures'' means expenditures for free public 
        education--
                  (A) including expenditures for 
                administration, instruction, attendance, pupil 
                transportation services, operation and 
                maintenance of plant, fixed charges, and net 
                expenditures to cover deficits for food 
                services and student body activities; but
                  (B) not including expenditures for community 
                services, capital outlay, and debt service, or 
                any expenditures made from funds received under 
                title I and title VI.
          (13) Department.--The term ``Department'' means the 
        Department of Education.
          (14) 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.
          (15) 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.
          (16) Family literacy services.--The term ``family 
        literacy services'' means services provided to 
        participants on a voluntary basis that are of 
        sufficient intensity in terms of hours, and of 
        sufficient duration, to make sustainable changes in a 
        family, and that integrate all of the following 
        activities:
                  (A) Interactive literacy activities between 
                parents and their children.
                  (B) Training for parents regarding how to be 
                the primary teacher for their children and full 
                partners in the education of their children.
                  (C) Parent literacy training that leads to 
                economic self-sufficiency.
                  (D) An age-appropriate education to prepare 
                children for success in school and life 
                experiences.
          (17) Free public education.--The term ``free public 
        education'' means education that is provided--
                  (A) at public expense, under public 
                supervision and direction, and without tuition 
                charge; and
                  (B) as elementary or secondary school 
                education as determined under applicable State 
                law, except that such term does not include any 
                education provided beyond grade 12.
          (18) 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.
          (19) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given that term in section 101 of the Higher Education 
        Act of 1965.
          (20) Local educational agency.--(A) The term ``local 
        educational agency'' means a public board of education 
        or other public authority legally constituted within a 
        State for either administrative control or direction 
        of, or to perform a service function for, public 
        elementary or secondary schools in a city, county, 
        township, school district, or other political 
        subdivision of a State, or for such combination of 
        school districts or counties as are recognized in a 
        State as an administrative agency for its public 
        elementary or secondary schools.
          (B) The term includes any other public institution or 
        agency having administrative control and direction of a 
        public elementary or secondary school.
          (C) The term includes an elementary or secondary 
        school funded by the Bureau of Indian Affairs but only 
        to the extent that such inclusion makes such school 
        eligible for programs for which specific eligibility is 
        not provided to such school in another provision of law 
        and such school does not have a student population that 
        is smaller than the student population of the local 
        educational agency receiving assistance under this Act 
        with the smallest student population, except that such 
        school shall not be subject to the jurisdiction of any 
        State educational agency other than the Bureau of 
        Indian Affairs.
          (D) The term includes educational service agencies 
        and consortia of such agencies.
          (21) 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.
          (22) Other staff.--The term ``other staff'' means 
        pupil services personnel, librarians, career guidance 
        and counseling personnel, education aides, and other 
        instructional and administrative personnel.
          (23) Outlying area.--The term ``outlying area'' means 
        the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
          (24) Parent.--The term ``parent'' includes a legal 
        guardian or other person standing in loco parentis.
          (25) Public telecommunication entity.--The term 
        ``public telecommunication entity'' has the same 
        meaning given to such term in section 397(12) of the 
        Communications Act of 1934.
          (26) Pupil services personnel; pupil services.--(A) 
        The term ``pupil services personnel'' means school 
        counselors, school social workers, school 
        psychologists, and other qualified professional 
        personnel involved in providing assessment, diagnosis, 
        counseling, educational, therapeutic, and other 
        necessary services (including related services as such 
        term is defined in section 602(22) of the Individuals 
        with Disabilities Education Act) as part of a 
        comprehensive program to meet student needs.
          (B) The term ``pupil services'' means the services 
        provided by pupil services personnel.
          (27) Scientifically based research.--The term 
        ``scientifically based research''--
                  (A) means the application of rigorous, 
                systematic, and objective procedures to obtain 
                valid knowledge relevant to education 
                activities and programs; and
                  (B) shall include research that--
                          (i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                          (ii) involves rigorous data analyses 
                        that are adequate to test the stated 
                        hypotheses and justify the general 
                        conclusions drawn;
                          (iii) relies on measurements or 
                        observational methods that provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations;
                          (iv) is evaluated using randomized 
                        experiments in which individuals, 
                        entities, programs, or activities are 
                        randomly assigned to different 
                        variations (including a control 
                        condition) to compare the relative 
                        effects of the variations; and
                          (v) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
          (28) 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.
          (29) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          (30) 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.
          (31) State educational agency.--The term ``State 
        educational agency'' means the agency primarily 
        responsible for the State supervision of public 
        elementary and secondary schools.
          (32) Technology.--The term ``technology'' means the 
        latest state-of-the-art technology products and 
        services.

SEC. 14102. APPLICABILITY OF TITLE.

  Parts B, C, D, E, and F of this title do not apply to title 
VIII of this Act.

SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.

  For purposes of any competitive program under this Act, a 
consortia of schools operated by the Bureau of Indian Affairs, 
a school operated under a contract or grant with the Bureau of 
Indian Affairs in consortia with another contract or grant 
school or tribal or community organization, or a Bureau of 
Indian Affairs school in consortia with an institution of 
higher education, a contract or grant school and tribal or 
community organization shall be given the same consideration as 
a local educational agency.

    PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY 
                    AND SECONDARY EDUCATION PROGRAMS.

  (a) Consolidation of Administrative Funds.--
          (1) In general.--A State educational agency may 
        consolidate the amounts specifically made available to 
        such agency for State administration under one or more 
        of the programs under paragraph (2) if such State 
        educational agency can demonstrate that the majority of 
        such agency's resources are derived from non-Federal 
        sources.
          (2) Applicability.--This section applies to any 
        program under this Act under which funds are authorized 
        to be used for administration, and such other programs 
        as the Secretary may designate.
  (b) Use of funds.--
          (1) In general.--A State educational agency shall use 
        the amount available under this section for the 
        administration of the programs included in the 
        consolidation under subsection (a).
          (2) Additional uses.--A State educational agency may 
        also use funds available under this section for 
        administrative activities designed to enhance the 
        effective and coordinated use of funds under programs 
        included in the consolidation under subsection (a), 
        such as--
                  (A) the coordination of such programs with 
                other Federal and non-Federal programs;
                  (B) the establishment and operation of peer-
                review mechanisms under this Act;
                  (C) the administration of this title;
                  (D) the dissemination of information 
                regarding model programs and practices;
                  (E) technical assistance under any program 
                under this Act;
                  (F) State level activities designed to carry 
                out this title;
                  (G) training personnel engaged in audit and 
                other monitoring activities; and
                  (H) implementation of the Cooperative Audit 
                Resolution and Oversight Initiative of the 
                Department of Education.
  (c) Records.--A State educational agency that consolidates 
administrative funds under this section shall not be required 
to keep separate records, by individual program, to account for 
costs relating to the administration of programs included in 
the consolidation under subsection (a).
  (d) Review.--To determine the effectiveness of State 
administration under this section, the Secretary may 
periodically review the performance of State educational 
agencies in using consolidated administrative funds under this 
section and take such steps as the Secretary finds appropriate 
to ensure the effectiveness of such administration.
  (e) Unused administrative funds.--If a State educational 
agency does not use all of the funds available to such agency 
under this section for administration, such agency may use such 
funds during the applicable period of availability as funds 
available under one or more programs included in the 
consolidation under subsection (a).

SEC. 14202. 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. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

  (a) General Authority.--In accordance with regulations of the 
Secretary and for any fiscal year, a local educational agency, 
with the approval of its State educational agency, may 
consolidate and use for the administration of one or more 
programs under this Act (or such other programs as the 
Secretary shall designate) not more than the percentage, 
established in each such program, of the total available for 
the local educational agency under such programs.
  (b) State Procedures.--Within one-year from the date of 
enactment of the Education OPTIONS 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 such programs that may be used for 
administration on a consolidated basis.
  (c) Conditions.--A local educational agency that consolidates 
administrative funds under this section for any fiscal year 
shall not use any other funds under the programs included in 
the consolidation for administration for that fiscal year.
  (d) Uses of Administrative Funds.--A local educational agency 
that consolidates administrative funds under this section may 
use such consolidated funds for the administration of such 
programs and for uses, at the school district and school 
levels, comparable to those described in section 14201(b)(2).
  (e) Records.--A local educational agency that consolidates 
administrative funds under this section shall not be required 
to keep separate records, by individual program, to account for 
costs relating to the administration of such programs included 
in the consolidation.

SEC. 14205. 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 of this Act, and the education 
        for homeless children and youth program under subtitle 
        B of title VII of the Stewart B. McKinney Homeless 
        Assistance Act, the amounts allotted to the Department 
        of the Interior under those programs.
          (2) Agreement.--(A) The Secretary and the Secretary 
        of the Interior shall enter into an agreement, 
        consistent with the requirements of the programs 
        specified in paragraph (1), for the distribution and 
        use of those program funds under terms that the 
        Secretary determines best meet the purposes of those 
        programs.
          (B) The agreement shall--
                  (i) set forth the plans of the Secretary of 
                the Interior for the use of the amount 
                transferred and the performance measures to 
                assess program effectiveness, including 
                measurable goals and objectives; and
                  (ii) be developed in consultation with Indian 
                tribes.
  (b) Administration.--The Department of the Interior may use 
not more than 1.5 percent of the funds consolidated under this 
section for such department's costs related to the 
administration of the funds transferred under this section.

SEC. 14206. TRANSFERABILITY.

  (a) State Transfer Authority.--
          (1) In general.--A State may transfer up to 100 
        percent of nonadministrative State funds allocated to 
        such State which are authorized to be used for State-
        level activities under any of the following provisions 
        to the allocation of the State under any other of such 
        provisions:
                  (A) Title II (excluding national activities).
                  (B) Subpart 2 of part A of title III.
                  (C) Part A of title IV.
                  (D) Title VI.
                  (E) Part C of title VII.
                  (F) Comprehensive school reform programs as 
                authorized under section 1502 as described on 
                pages 96-99 of the Joint 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).
          (2) Supplemental funds for title i.--A State may 
        transfer any funds allocated to the State under a 
        provision listed in paragraph (1) to its allocation 
        under title I.
  (b) Local Educational Agency Transfer Authority.--
          (1) Transfer of funds.--
                  (A) In general.--Subject to subparagraphs 
                (C), (D), and (E), a local educational agency 
                may transfer funds allocated to such agency 
                under any of the provisions listed in paragraph 
                (2).
                  (B) Supplemental funds for title i.--Subject 
                to subparagraphs (C), (D), and (E), a local 
                educational agency may transfer funds allocated 
                to such agency under a provision listed in 
                paragraph (2) to its allocation under title I.
                  (C) Under 35 percent.--A transfer under 
                subparagraph (A) or (B) of up to 35 percent of 
                the funds allocated to a local educational 
                agency under a provision listed in paragraph 
                (2) in a fiscal year may be made without State 
                approval.
                  (D) Over 35 percent.--Subject to paragraph 
                (3), a transfer under subparagraph (A) or (B) 
                in a fiscal year of funds allocated to a local 
                educational agency under a provision listed in 
                paragraph (2) in a fiscal year the amount of 
                which, when added to the amount of other 
                transfers by the agency of such funds in such 
                fiscal year, is more than 35 percent of such 
                funds may be made only with the approval of the 
                State.
                  (E) Title ii transfers.--If a local 
                educational agency provides assurances that the 
                amount of funds expended for professional 
                development in mathematics and science under 
                title II in a fiscal year will equal or exceed 
                the amount of funds expended for the year 
                preceding the date of enactment of the 
                Education OPTIONS Act such agency may transfer 
                funds allocated to it under title II.
          (2) Applicable provisions.--The provisions from which 
        a local educational agency may transfer funds under 
        this subsection are as follows:
                  (A) Title II (excluding national activities).
                  (B) Subpart 2 of part A of title III.
                  (C) Part A of title IV.
                  (D) Title VI.
                  (E) Part C of title VII.
                  (F) Section 310 of the Department of 
                Education Act, 2000, included in the 
                Departments of Labor, Health and Human 
                Services, and Education, and Related Agencies 
                Appropriations Act, 2000 (as enacted into law 
                by section 1004(a)(4) of Public Law 106-113).
          (3) Special approval.--If a local educational agency 
        submits to its State a written request to make a 
        transfer under this subsection that requires State 
        approval, the following applies:
                  (A) 60 days for approval.--Such transfer 
                shall be deemed approved by the State unless 
                the State, within 60 days after receipt of such 
                transfer request, disapproves such request or 
                promptly notifies the agency in writing of such 
                revisions as may be necessary before the State 
                will approve the transfer.
                  (B) Consideration for approval.--When 
                approving a local education agency request to 
                transfer an amount greater than 35 percent, the 
                State shall consider the degree to which the 
                transfer accomplishes the following:
                          (i) Enables the local educational 
                        agency to direct resources to a Federal 
                        program that more effectively addresses 
                        the needs of their students, 
                        particularly the most disadvantaged 
                        students.
                          (ii) Allows the local educational 
                        agency to target or focus resources to 
                        address specific areas of need or 
                        priority when Federal requirements 
                        would otherwise prevent, or 
                        significantly impede, such an effort.
  (c) Limitation.--A State or a local educational agency may 
not transfer any funds allocated to it under title I to any 
other program under this Act.
  (d) State Plan and Application Modification; 
Prenotification.--Each State transferring funds under this 
section shall--
          (1) modify any plan or application of the State that 
        is applicable to such funds to account for such 
        transfer and submit, within 30 days after the date of 
        such transfer, a copy of such modified plan or 
        application to the Department of Education; and
          (2) notify the Department of Education no less than 
        30 days before the effective date of such transfer.
  (e)  Local Plan and Application Modification; 
Prenotification.--Each local educational agency transferring 
funds under this section shall--
          (1) modify any plan or application of the agency that 
        is applicable to such funds to account for such 
        transfer and submit, within 30 days after the date of 
        such transfer, a copy of such modified plan or 
        application to the State; and
          (2) notify the State no less than 30 days before the 
        effective date of such transfer.
  (f) Applicable Rules.--Except as otherwise provided in this 
subsection, when funds are transferred to an allocation under 
this section, they become funds of the allocation to which they 
are transferred and subject to all the requirements that are 
applicable to that allocation.

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

SEC. 14301. PURPOSE.

  The purposes of this part are to improve teaching and 
learning through greater coordination between programs and to 
provide greater flexibility to State and local authorities by 
allowing the consolidation of State and local plans, 
applications, and reporting.

SEC. 14302. 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) any programs under this Act in which the 
                State participates; and
                  (B) such other programs as the Secretary may 
                designate.
          (2) Consolidated applications and plans.--A State 
        educational agency that submits a consolidated State 
        plan or a consolidated State application under this 
        section shall not be required to submit a separate 
        State plan or application for a program included in the 
        consolidated State plan or application.
  (b) Collaboration.--
          (1) In general.--In establishing criteria and 
        procedures under this section, the Secretary shall 
        collaborate with State educational agencies and, as 
        appropriate, with other State agencies, local 
        educational agencies, public and private nonprofit 
        agencies, organizations, and institutions, private 
        schools, and representatives of parents, students, and 
        teachers.
          (2) Contents.--Through the collaborative process 
        described in paragraph (1), the Secretary shall 
        establish, for each program under the Act to which this 
        section applies, the descriptions, information, 
        assurances, and other material required to be included 
        in a consolidated State plan or consolidated State 
        application.
          (3) Necessary materials.--The Secretary shall require 
        only descriptions, information, assurances, and other 
        materials that are absolutely necessary for the 
        consideration of the consolidated State plan or 
        consolidated State application.

SEC. 14303. CONSOLIDATED REPORTING.

  In order to simplify reporting requirements and reduce 
reporting burdens, the Secretary shall establish procedures and 
criteria under which a State educational agency may submit a 
consolidated State annual report. Such report shall contain 
information about the programs included in the report, 
including the State's performance under those programs, and 
other matters as the Secretary determines, such as monitoring 
activities. Such a report shall take the place of separate 
individual annual reports for the programs subject to it.

SEC. 14304. 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 14302, 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 programs under this Act.

SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

  (a) General Authority.--A local educational agency receiving 
funds under more than one program under this Act may submit 
plans or applications to the State educational agency under 
such programs on a consolidated basis.
  (b) Required Consolidated Plans or Applications.--A State 
educational agency that has an approved consolidated State plan 
or application under section 14302 may require local 
educational agencies in the State receiving funds under more 
than one program included in the consolidated State plan or 
consolidated State application to submit consolidated local 
plans or applications under such programs, but may not require 
such agencies to submit separate plans.
  (c) Collaboration.--A 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. 14306. OTHER GENERAL ASSURANCES.

  (a) Assurances.--Any applicant other than a State educational 
agency that submits a plan or application under this Act, 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 programs under this Act.

                            PART D--WAIVERS

SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

  (a) In General.--Except as provided in subsection (c), the 
Secretary may waive any statutory or regulatory requirement of 
this Act or the Carl D. Perkins Vocational and Technical 
Education Act of 1998 for a State educational agency, local 
educational agency, Indian tribe, or school through a local 
educational agency, that--
          (1) receives funds under a program authorized by this 
        Act; and
          (2) requests a waiver under subsection (b).
  (b) Request for Waiver.--
          (1) In general.--A State educational agency, local 
        educational agency, or Indian tribe which desires a 
        waiver shall submit a waiver application to the 
        Secretary that--
                  (A) indicates each Federal program affected 
                and each statutory or regulatory requirement 
                requested to be waived;
                  (B) describes the purpose and overall 
                expected results of waiving each such 
                requirement;
                  (C) describes, for each school year, 
                specific, measurable, educational goals for the 
                State educational agency and for each local 
                educational agency, Indian tribe, or school 
                that would be affected by the wavier;
                  (D) explains why the waiver will assist the 
                State educational agency and each affected 
                local educational agency, Indian tribe, or 
                school in reaching such goals.
          (2) Additional information.--Such requests--
                  (A) may provide for waivers of requirements 
                applicable to State educational agencies, local 
                educational agencies, Indian tribes, and 
                schools; and
                  (B) shall be developed and submitted--
                          (i)(I) by local educational agencies 
                        (on behalf of such agencies and 
                        schools) to State educational agencies; 
                        and
                          (II) by State educational agencies 
                        (on behalf of, and based upon the 
                        requests of, local educational 
                        agencies) to the Secretary; or
                          (ii) by Indian tribes (on behalf of 
                        schools operated by such tribes) to the 
                        Secretary.
          (3) General requirements.--
                  (A) In the case of a waiver request submitted 
                by a State educational agency acting in its own 
                behalf, the State educational agency shall--
                          (i) provide all interested local 
                        educational agencies in the State with 
                        notice and a reasonable opportunity to 
                        comment on the request;
                          (ii) submit the comments to the 
                        Secretary; and
                          (iii) provide notice and information 
                        to the public regarding the waiver 
                        request in the manner that the applying 
                        agency customarily provides similar 
                        notices and information to the public.
                  (B) In the case of a waiver request submitted 
                by a local educational agency that receives 
                funds under this Act--
                          (i) such request shall be reviewed by 
                        the State educational agency and be 
                        accompanied by the comments, if any, of 
                        such State educational agency; and
                          (ii) notice and information regarding 
                        the waiver request shall be provided to 
                        the public by the agency requesting the 
                        waiver in the manner that such agency 
                        customarily provides similar notices 
                        and information to the public.
  (c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
          (1) the allocation or distribution of funds to 
        States, local educational agencies, or other recipients 
        of funds under this Act;
          (2) maintenance of effort;
          (3) comparability of services;
          (4) use of Federal funds to supplement, not supplant, 
        non-Federal funds;
          (5) equitable participation of private school 
        students and teachers;
          (6) parental participation and involvement;
          (7) applicable civil rights requirements;
          (8) the requirement for a charter school under part C 
        of title X; or
          (9) the prohibitions regarding--
                  (A) State aid in section 14502;
                  (B) use of funds for religious worship or 
                instruction in section 14507; and
                  (C) activities in section 14513.
  (d) Duration and Extension of Waiver.--
          (1) In general.--Except as provided in paragraph (2), 
        the duration of a waiver approved by the Secretary 
        under this section may be for a period not to exceed 5 
        years.
          (2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the Secretary determines 
        that--
                  (A) the waiver has been effective in enabling 
                the State or affected recipients to carry out 
                the activities for which the waiver was 
                requested and the waiver has contributed to 
                improved student performance; and
                  (B) such extension is in the public interest.
  (e) Reports.--
          (1) Local waiver.--A local educational agency that 
        receives a waiver under this section shall at the end 
        of the second year for which a waiver is received under 
        this section, and each subsequent year, submit a report 
        to the State educational agency that--
                  (A) describes the uses of such waiver by such 
                agency or by schools;
                  (B) describes how schools continued to 
                provide assistance to the same populations 
                served by the programs for which waivers are 
                requested; and
                  (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, after 
notice and an opportunity for a hearing, that the performance 
of the State or other recipient affected by the waiver has been 
inadequate to justify a continuation of the waiver or if the 
waiver is no longer necessary to achieve its original purposes.
  (g) Publication.--A notice of the Secretary's decision to 
grant each waiver under subsection (a) shall be published in 
the Federal Register and the Secretary shall provide for the 
dissemination of such notice to State educational agencies, 
interested parties, including educators, parents, students, 
advocacy and civil rights organizations, and the public.

                       PART E--UNIFORM PROVISIONS

SEC. 14501. MAINTENANCE OF EFFORT.

  (a) In General.--A local educational agency may receive funds 
under a covered program for any fiscal year only if the State 
educational agency finds that either the combined fiscal effort 
per student or the aggregate expenditures of such agency and 
the State with respect to the provision of free public 
education by such agency for the preceding fiscal year was not 
less than 90 percent of such combined fiscal effort or 
aggregate expenditures for the second preceding fiscal year.
  (b) Reduction in Case of Failure To Meet.--
          (1) In general.--The State educational agency shall 
        reduce the amount of the allocation of funds under a 
        covered program in any fiscal year in the exact 
        proportion to which a local educational agency fails to 
        meet the requirement of subsection (a) of this section 
        by falling below 90 percent of both the combined fiscal 
        effort per student and aggregate expenditures (using 
        the measure most favorable to such local agency).
          (2) Special rule.--No such lesser amount shall be 
        used for computing the effort required under subsection 
        (a) of this section for subsequent years.
  (c) Waiver.--The Secretary may waive the requirements of this 
section if the Secretary determines that such a waiver would be 
equitable due to--
          (1) exceptional or uncontrollable circumstances such 
        as a natural disaster; or
          (2) a precipitous decline in the financial resources 
        of the local educational agency.

SEC. 14502. PROHIBITION REGARDING STATE AID.

  A State shall not take into consideration payments under this 
Act (other than under title VIII) in determining the 
eligibility of any local educational agency in such State for 
State aid, or the amount of State aid, with respect to free 
public education of children.

SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

  (a) Private School Participation.--
          (1) In general.--Except as otherwise provided in this 
        Act, to the extent consistent with the number of 
        eligible children in areas served by a State 
        educational agency, local educational agency, 
        educational service agency, consortium of such 
        agencies, or another entity receiving financial 
        assistance under a program specified in subsection (b), 
        who are enrolled in private elementary and secondary 
        schools in areas served by such agency, consortium or 
        entity, such agency, consortium or entity shall, after 
        timely and meaningful consultation with appropriate 
        private school officials, provide such children and 
        their teachers or other educational personnel, on an 
        equitable basis, special educational services or other 
        benefits that address their needs under such program.
          (2) Secular, neutral, and nonideological services or 
        benefits.--Educational services or other benefits, 
        including materials and equipment, provided under this 
        section, shall be secular, neutral, and nonideological.
          (3) Special rule.--Educational services and other 
        benefits provided under this section for such private 
        school children, teachers, and other educational 
        personnel shall be equitable in comparison to services 
        and other benefits for public school children, 
        teachers, and other educational personnel participating 
        in such program and shall be provided in a timely 
        manner.
          (4) Expenditures.--Expenditures for educational 
        services and other benefits provided under this section 
        to eligible private school children, their teachers, 
        and other educational personnel serving such children 
        shall be equal, taking into account the number and 
        educational needs of the children to be served, to the 
        expenditures for participating public school children.
          (5) Provision of services.--Such agency, consortium 
        or entity described in subsection (a)(1) of this 
        section may provide such services directly or through 
        contracts with public and private agencies, 
        organizations, and institutions.
  (b) Applicability.--
          (1) In general.--This section applies to programs 
        under--
                  (A) part C of title I;
                  (B) title II;
                  (C) title III;
                  (D) title IV; and
                  (E) title VII.
          (2) Definition.--For the purposes of this section, 
        the term ``eligible children'' means children eligible 
        for services under a program described in paragraph 
        (1).
  (c) Consultation.--
          (1) In general.--To ensure timely and meaningful 
        consultation, a State educational agency, local 
        educational agency, educational service agency, 
        consortium of such agencies or entity shall consult 
        with appropriate private school officials during the 
        design and development of the programs under this Act, 
        on issues such as--
                  (A) how the children's needs will be 
                identified;
                  (B) what services will be offered;
                  (C) how, where, and by whom the services will 
                be provided;
                  (D) how the services will be assessed and how 
                the results of the assessment will be used to 
                improve such services;
                  (E) the size and scope of the equitable 
                services to be provided to the eligible private 
                school children, teachers, and other 
                educational personnel and the amount of funds 
                available for such services; and
                  (F) how and when the agency, consortium, or 
                entity will make decisions about the delivery 
                of services, including a thorough consideration 
                and analysis of the views of the private school 
                officials on the provision of contract services 
                through potential third party providers.
          (2) Disagreement.--If the agency, consortium or 
        entity disagrees with the views of the private school 
        officials on the provision of services through a 
        contract, the agency, consortium, or entity shall 
        provide in writing to such private school officials an 
        analysis of the reasons why the local educational 
        agency has chosen not to use a contractor.
          (3) Timing.--Such consultation shall occur before the 
        agency, consortium, or entity makes any decision that 
        affects the opportunities of eligible private school 
        children, teachers, and other educational personnel to 
        participate in programs under this Act, and shall 
        continue throughout the implementation and assessment 
        of activities under this section.
          (4) Discussion required.--Such consultation shall 
        include a discussion of service delivery mechanisms 
        that the agency, consortium, or entity could use to 
        provide equitable services to eligible private school 
        children, teachers, administrators, and other staff.
  (d) Public Control of Funds.--
          (1) In general.--The control of funds used to provide 
        services under this section, and title to materials, 
        equipment, and property purchased with such funds, 
        shall be in a public agency for the uses and purposes 
        provided in this Act, and a public agency shall 
        administer such funds and property.
          (2) Provision of services.--
                  (A) The provision of services under this 
                section shall be provided--
                          (i) by employees of a public agency; 
                        or
                          (ii) through contract by such public 
                        agency with an individual, association, 
                        agency, organization, or other entity.
                  (B) In the provision of such services, such 
                employee, person, association, agency, 
                organization or other entity shall be 
                independent of such private school and of any 
                religious organization, and such employment or 
                contract shall be under the control and 
                supervision of such public agency.
                  (C) Funds used to provide services under this 
                section shall not be commingled with non-
                Federal funds.

SEC. 14504. STANDARDS FOR BY-PASS.

  If, by reason of any provision of law, a State educational 
agency, local educational agency, educational service agency, 
consortium, or other entity of such agencies, is prohibited 
from providing for the participation in programs of children 
enrolled in, or teachers or other educational personnel from, 
private elementary and secondary schools, on an equitable 
basis, or if the Secretary determines that such agency 
consortium or entity has substantially failed or is unwilling 
to provide for such participation, as required by section 
14503, the Secretary shall--
          (1) waive the requirements of that section for such 
        agency, consortium, or entity;
          (2) arrange for the provision of equitable services 
        to such children, teachers, or other educational 
        personnel through arrangements that shall be subject to 
        the requirements of this section and of sections 14503, 
        14505, and 14506; and
          (3) in making the determination, consider one or more 
        factors, including the quality, size, scope, location 
        of the program and the opportunity of private school 
        children, teachers, and other educational personnel to 
        participate.

SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
                    CHILDREN.

  (a) Procedures for Complaints.--The Secretary shall develop 
and implement written procedures for receiving, investigating, 
and resolving complaints from parents, teachers, or other 
individuals and organizations concerning violations of section 
14503 by a State educational agency, local educational agency, 
educational service agency, consortium of such agencies or 
entity. Such individual or organization shall submit such 
complaint to the State educational agency for a written 
resolution by the State educational agency within a reasonable 
period of time.
  (b) Appeals to Secretary.--Such resolution may be appealed by 
an interested party to the Secretary not later than 30 days 
after the State educational agency resolves the complaint or 
fails to resolve the complaint within a reasonable period of 
time. Such appeal shall be accompanied by a copy of the State 
educational agency's resolution, and a complete statement of 
the reasons supporting the appeal. The Secretary shall 
investigate and resolve each such appeal not later than 120 
days after receipt of the appeal.

SEC. 14506. BY-PASS DETERMINATION PROCESS.

  (a) Review.--
          (1) In general.--
                  (A) The Secretary shall not take any final 
                action under section 14504 until the State 
                educational agency, local educational agency, 
                educational service agency, consortium of such 
                agencies or entity affected by such action has 
                had an opportunity, for not less than 45 days 
                after receiving written notice thereof, to 
                submit written objections and to appear before 
                the Secretary to show cause why that action 
                should not be taken.
                  (B) Pending final resolution of any 
                investigation or complaint that could result in 
                a determination under this section, the 
                Secretary may withhold from the allocation of 
                the affected State or local educational agency 
                the amount estimated by the Secretary to be 
                necessary to pay the cost of those services.
          (2) Petition for review.--
                  (A) If such affected agency consortium or 
                entity is dissatisfied with the Secretary's 
                final action after a proceeding under paragraph 
                (1), such agency consortium or entity may, 
                within 60 days after notice of such action, 
                file with the United States court of appeals 
                for the circuit in which such State is located 
                a petition for review of that action.
                  (B) A copy of the petition shall be forthwith 
                transmitted by the clerk of the court to the 
                Secretary.
                  (C) The Secretary upon receipt of the copy of 
                the petition shall file in the court the record 
                of the proceedings on which the Secretary based 
                this action, as provided in section 2112 of 
                title 28, United States Code.
          (3) Findings of fact.--
                  (A) The findings of fact by the Secretary, if 
                supported by substantial evidence, shall be 
                conclusive, but the court, for good cause 
                shown, may remand the case to the Secretary to 
                take further evidence and the Secretary may 
                then make new or modified findings of fact and 
                may modify the Secretary's previous action, and 
                shall file in the court the record of the 
                further proceedings.
                  (B) Such new or modified findings of fact 
                shall likewise be conclusive if supported by 
                substantial evidence.
          (4) Jurisdiction.--
                  (A) Upon the filing of such petition, the 
                court shall have jurisdiction to affirm the 
                action of the Secretary or to set such action 
                aside, in whole or in part.
                  (B) The judgment of the court shall be 
                subject to review by the Supreme Court of the 
                United States upon certiorari or certification 
                as provided in section 1254 of title 28, United 
                States Code.
  (b) Determination.--Any determination by the Secretary under 
this section shall continue in effect until the Secretary 
determines, in consultation with such agency, consortium or 
entity and representatives of the affected private school 
children, teachers, or other educational personnel that there 
will no longer be any failure or inability on the part of such 
agency or consortium to meet the applicable requirements of 
section 14503 or any other provision of this Act.
  (c) Payment From State allotment.--When the Secretary 
arranges for services pursuant to this section, the Secretary 
shall, after consultation with the appropriate public and 
private school officials, pay the cost of such services, 
including the administrative costs of arranging for those 
services, from the appropriate allocation or allocations under 
this Act.
  (d) Prior Determination.--Any by-pass determination by the 
Secretary under this Act as in effect on the day preceding the 
date of enactment of the Education OPTIONS Act shall remain in 
effect to the extent the Secretary determines that such 
determination is consistent with the purpose of this section.

SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR 
                    INSTRUCTION.

  Nothing contained in this Act shall be construed to authorize 
the making of any payment under this Act for religious worship 
or instruction.

SEC. 14508. APPLICABILITY TO HOME SCHOOLS.

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

SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC SCHOOLS.

  Nothing in this Act or any other Act administered by the 
Department shall be construed to permit, allow, encourage, or 
authorize any Federal control over any aspect of any private, 
religious, or home school, whether or not a home school is 
treated as a private school or home school under State law. 
This section shall not be construed to bar private, religious, 
or home schools from participation in programs or services 
under this Act or any other Act administered by the Department.

SEC. 14510. SCHOOL PRAYER.

  Notwithstanding any provision of law, no funds made available 
through the Department of Education under this Act, or any 
other Act, shall be available to any State or local educational 
agency which has a policy of denying or which effectively 
prevents participation in, constitutionally protected prayer in 
public schools by individuals on a voluntary basis. Neither the 
United States nor any State nor any local educational agency 
shall require any person to participate in prayer or influence 
the form or content of any constitutionally protected prayer in 
such public schools.

SEC. 14511. MEMORIALS AND MEMORIAL SERVICES; RULE OF CONSTRUCTION; AND 
                    ATTORNEY FEES.

  (a) Findings.--Congress finds the following:
          (1) The saying of a prayer, the reading of a 
        scripture, or the performance of religious music, as 
        part of a memorial service that is held on the campus 
        of a public elementary or secondary school in order to 
        honor the memory of any person slain on that campus is 
        not objectionable under this Act.
          (2) The design and construction of any memorial which 
        includes religious symbols, motifs, or sayings that is 
        placed on the campus of a public elementary or 
        secondary school in order to honor the memory of any 
        person slain on that campus is not objectionable under 
        this Act.
  (b) Rule of Construction.--
          (1) Payment.--Nothing contained in this Act shall be 
        construed to authorize the making of any payment under 
        this Act for religious worship, instruction, or the 
        construction of any religious memorial.
          (2) Memorial service.--This Act shall not be 
        construed to bar--
                  (A) the saying of a prayer;
                  (B) the reading of a scripture;
                  (C) the performance of religious music; or
                  (D) the design or construction of any 
                memorial which includes religious symbols, 
                motifs, or sayings;
        as part of a memorial service held or a memorial 
        placed, as the case may be, on the campus of a public 
        elementary or secondary school in order to honor the 
        memory of any person slain on that campus.

SEC. 14512. ATTORNEYS FEES.

  Notwithstanding any other provision of Federal law, a local 
educational agency or public elementary or secondary school may 
use not more than 20 percent of its administrative funds from 
any program under this Act for payment of attorneys fees and 
related legal services in the defense of any legal action, 
brought against a local educational agency, public elementary 
or secondary school, or agent of any of such entities, claiming 
such agency, school, or agent violated the constitutional 
prohibition against the establishment of religion by 
permitting, facilitating, or accommodating--
          (1) a student's religious expression; or
          (2) the design or construction of any memorial which 
        includes religious symbols, motifs, or saying as part 
        of a memorial placed on the campus of a public 
        elementary or secondary school in order to honor the 
        memory of a person slain on that campus.

SEC. 14513. GENERAL PROHIBITIONS.

  (a) Prohibition.--None of the funds authorized under this Act 
shall be used--
          (1) to develop or distribute materials, or operate 
        programs or courses of instruction directed at youth 
        that are designed to promote or encourage, sexual 
        activity, whether homosexual or heterosexual;
          (2) to distribute or to aid in the distribution by 
        any organization of legally obscene materials to minors 
        on school grounds;
          (3) to provide sex education or HIV prevention 
        education in schools unless such instruction is age 
        appropriate and emphasizes the health benefits of 
        abstinence; or
          (4) to operate a program of contraceptive 
        distribution in schools.
  (b) Local control.--Nothing in this section shall be 
construed to--
          (1) authorize an officer or employee of the Federal 
        Government to mandate, direct, review, or control a 
        State, local educational agency, or schools' 
        instructional content, curriculum, and related 
        activities;
          (2) limit the application of the General Education 
        Provisions Act (20 U.S.C.A. 1221 et seq.);
          (3) require the distribution of scientifically or 
        medically false or inaccurate materials or to prohibit 
        the distribution of scientifically or medically true or 
        accurate materials; or
          (4) create any legally enforceable right.

SEC. 14514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.

  Nothing in this Act shall be construed to authorize an 
officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or 
school's curriculum, program of instruction, or allocation of 
State or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for 
under this Act.

SEC. 14515. RULEMAKING.

  The Secretary shall issue regulations under this Act only to 
the extent that such regulations are necessary to ensure that 
there is compliance with the specific requirements and 
assurances required by this Act.

SEC. 14516. REPORT.

  The Secretary shall report to the Congress not later than 180 
days after the date of enactment of the Education OPTIONS Act 
regarding how the Secretary shall ensure that audits conducted 
by Department employees of activities assisted under this Act 
comply with changes to this Act made by the Education OPTIONS 
Act, particularly with respect to permitting children with 
similar educational needs to be served in the same educational 
settings, where appropriate.

SEC. 14517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.

  (a) In General.--Notwithstanding any other provision of 
Federal law, no State shall be required to have content 
standards or student performance standards approved or 
certified by the Federal Government, in order to receive 
assistance under this Act.
  (b) Construction.--Nothing in this section shall be construed 
to affect requirements under title I of this Act.

SEC. 14518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.

  Notwithstanding any other prohibition of Federal law, no 
funds provided to the Department of Education or to any 
applicable program may be used by the Department to endorse, 
approve, or sanction any curriculum designed to be used in an 
elementary or secondary school.

SEC. 14519. PRIVACY FOR STUDENTS.

  (a) In General.--No State educational agency or local 
educational agency that receives funds under this Act may enter 
into an agreement, or allow a school under its supervision to 
enter into an agreement, with any person or entity that allows 
such person or entity to monitor, gather, or obtain information 
used to advertise, sell, or develop a product from any student 
under 18 years of age unless such agreement requires the 
written permission of the parent of such student prior to 
monitoring, gathering, or obtaining such information.
  (b) Nature of Information Collected.--Before a school, local 
educational agency, or State educational agency, as the case 
may be, enters into an agreement to allow a person or entity to 
monitor, gather, or obtain information used to advertise, sell, 
or develop a product from any student under 18 years, the 
school, agency, or State shall ascertain the nature of the 
information to be collected, how the information will be used, 
if the information will be sold, distributed, or transferred to 
any person or entity, and the amount of class time, if any, 
that will be consumed by such activity.
  (c) Consent Form.--The written permission required by 
subsection (a) shall clearly disclose to the parent the nature 
of the agreement between a school, local educational agency, or 
State educational agency, as the case may be, and the person or 
entity, including--
          (1) the dollar amount of any consideration paid under 
        the agreement;
          (2) the nature of the information to be gathered;
          (3) how the information will be used;
          (4) whether the information will be sold, 
        distributed, or transferred to any other entity; and
          (5) the amount of class time, if any, that will be 
        consumed by such activity.
  (d) Exceptions.--This section shall not apply to--
          (1) the recruitment activities of any institution of 
        higher education, as such term is defined in section 
        102 of the Higher Education Act of 1965;
          (2) the development and administration of tests and 
        assessments used by elementary and secondary schools to 
        provide cognitive, evaluative, diagnostic, aptitude, or 
        achievement information about students (or for 
        normalizing data), and the subsequent analysis and 
        public release of aggregate data, if--
                  (A) the information is not used to sell, 
                advertise, or develop another product; and
                  (B) the tests are conducted in accordance 
                with applicable Federal, State, and local 
                policies;
          (3) the development and administration of educational 
        curriculum and instructional materials used by 
        elementary and secondary schools to teach core academic 
        subjects, if--
                  (A) the information is not used to sell, 
                advertise, or develop another product; and
                  (B) the curriculum and instructional 
                materials are used in accordance with 
                applicable Federal, State, and local policies; 
                or
          (4) contact information collected from a student that 
        is used only to respond directly to a specific request 
        from the student for a transaction, if the 
        information--
                  (A) is not used for any purpose other than as 
                required in order to effect the transaction 
                with the student; and
                  (B) is not used to recontact the student in 
                order to advertise, sell, or develop any other 
                product or service to the student.

SEC. 14520. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE 
                    INFORMATION.

  Nothing in this Act shall be construed to permit the 
development of a national database of personally identifiable 
information on individuals involved in studies or in data 
collection efforts under this Act.

                       PART F--SENSE OF CONGRESS

SEC. 14614. REDUCING THE READING DEFICIT.

  (a) Findings.--The ability to read the English language is 
the cornerstone of academic success. The 1998 National 
Assessment of Educational Progress (NAEP) found that 69 percent 
of 4th grade students are reading below the proficient level. 
The National Institute of Child Health and Human Development 
(NICHD) has conducted extensive scientific research on reading 
instruction for more than 34 years at a cost of more than two 
hundred million dollars. Federal research in reading 
instruction has concluded that phonemic awareness, direct 
systematic instruction in sound-spelling correspondences, 
blending of sound-spellings into words, reading comprehension, 
and regular exposure to interesting books are essential 
components of any balanced reading program.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) federally funded education programs which are 
        designed to improve reading skills, should use 
        instructional practices that are grounded in 
        scientifically based research as defined in section 
        14101(27) of this Act;
          (2) reducing the reading deficit is one of the most 
        critical tasks before the nation; and
          (3) successful learning in all other areas such as 
        science, history, literature, business and vocational 
        training or computer science requires the ability to 
        read fluently and with comprehension.

SEC. 14615. SCIENCE ASSESSMENT.

  It is the sense of Congress that State and local assessments 
in science should measure a student's ability to--
          (1) understand scientific facts, results, and 
        concepts;
          (2) design and conduct experiments;
          (3) make arguments based on evidence and data; and
          (4) communicate scientific information.

SEC. 14616. AMERICA ACHIEVES ACADEMIC EXCELLENCE.

  It is the sense of Congress that--
          (1) the Constitution of the United States reserves to 
        the States and to the people the responsibility for the 
        general supervision of public education in kindergarten 
        through the twelfth grade;
          (2) State and local educational agencies are best 
        suited to increasing academic achievement levels for 
        all students and ensuring no student is left behind;
          (3) States and local educational agencies deserve and 
        require the maximum liberty to build upon existing 
        innovative approaches for education reform and continue 
        their proven record of increasing student success;
          (4) education reform is in the best interests of the 
        American people in order to secure a more prosperous 
        and perfect union;
          (5) the best education decisions are made by those 
        who know the students best and who are responsible for 
        implementing the decisions, and, therefore, educators 
        and parents should retain the right and responsibility 
        to educate their pupils and children free of regulation 
        by the Federal Government; and
          (6) States should be commended for their efforts and 
        results and encouraged to sustain and improve upon 
        them.
                              ----------                              


GOALS 2000: EDUCATE AMERICA ACT

           *       *       *       *       *       *       *


    TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND 
                              ASSESSMENTS

                [PART A--NATIONAL EDUCATION GOALS PANEL

[SEC. 201. PURPOSE.

  [It is the purpose of this part to establish a bipartisan 
mechanism for--
          [(1) building a national consensus for education 
        improvement;
          [(2) reporting on progress toward achieving the 
        National Education Goals; and
          [(3) reviewing the voluntary national content 
        standards and voluntary national student performance 
        standards.

[SEC. 202. NATIONAL EDUCATION GOALS PANEL.

  [(a) Establishment.--There is established in the executive 
branch a National Education Goals Panel (hereafter in this 
title referred to as the ``Goals Panel'') to advise the 
President, the Secretary, and the Congress.
  [(b) Composition.--The Goals Panel shall be composed of 18 
members (hereafter in this part referred to as ``members''), 
including--
          [(1) 2 members appointed by the President;
          [(2) 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;
          [(3) 4 Members of the Congress, of whom--
                  [(A) 1 member shall be appointed by the 
                Majority Leader of the Senate from among the 
                Members of the Senate;
                  [(B) 1 member shall be appointed by the 
                Minority Leader of the Senate from among the 
                Members of the Senate;
                  [(C) 1 member shall be appointed by the 
                Majority Leader of the House of Representatives 
                from among the Members of the House of 
                Representatives; and
                  [(D) 1 member shall be appointed by the 
                Minority Leader of the House of Representatives 
                from among the Members of the House of 
                Representatives; and
          [(4) 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.
  [(c) Special Appointment Rules.--
          [(1) In general.--The members appointed pursuant to 
        subsection (b)(2) shall be appointed as follows:
                  [(A) 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.
                  [(B) 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.
          [(2) Special rule.--If the National Governors' 
        Association has appointed a panel that meets the 
        requirements of subsections (b) and (c), except for the 
        requirements of paragraph (4) of subsection (b), prior 
        to the date of enactment of this Act, then the members 
        serving on such panel shall be deemed to be in 
        compliance with the provisions of such subsections and 
        shall not be required to be reappointed pursuant to 
        such subsections.
          [(3) 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.
  [(d) Terms.--The terms of service of members shall be as 
follows:
          [(1) Presidential appointees.--Members appointed 
        under subsection (b)(1) shall serve at the pleasure of 
        the President.
          [(2) Governors.--Members appointed under paragraph 
        (2) of subsection (b) shall serve for 2-year terms, 
        except that the initial appointments under such 
        paragraph shall be made to ensure staggered terms with 
        one-half of such members' terms concluding every 2 
        years.
          [(3) Congressional appointees and state 
        legislators.--Members appointed under paragraphs (3) 
        and (4) of subsection (b) shall serve for 2-year terms.
  [(e) Date of Appointment.--The initial members shall be 
appointed not later than 60 days after the date of enactment of 
this Act.
  [(f) Initiation.--The Goals Panel may begin to carry out its 
duties under this part when 10 members of the Goals Panel have 
been appointed.
  [(g) 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.
  [(h) 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.
  [(i) Chairperson.--
          [(1) In general.--The members shall select a 
        Chairperson from among the members.
          [(2) Term and political affiliation.--The Chairperson 
        of the Goals Panel shall serve a 1-year term and shall 
        alternate between political parties.
  [(j) 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.
  [(k) Ex Officio Member.--If the President has not appointed 
the Secretary as 1 of the 2 members the President appoints 
pursuant to subsection (b)(1), then the Secretary shall serve 
as a nonvoting ex officio member of the Goals Panel.

[SEC. 203. DUTIES.

  [(a) In General.--The Goals Panel shall--
          [(1) report to the President, the Secretary, and the 
        Congress regarding the progress the Nation and the 
        States are making toward achieving the National 
        Education Goals established under title I of this Act, 
        including issuing an annual report;
          [(2) review voluntary national content standards and 
        voluntary national student performance standards;
          [(3) report on promising or effective actions being 
        taken at the national, State, and local levels, and in 
        the public and private sectors, to achieve the National 
        Education Goals; and
          [(4) help build a nationwide, bipartisan consensus 
        for the reforms necessary to achieve the National 
        Education Goals.
  [(b) Report.--
          [(1) 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--
                  [(A) report on the progress of the United 
                States toward achieving the National Education 
                Goals; and
                  [(B) identify actions that should be taken by 
                Federal, State, and local governments to 
                enhance progress toward achieving the National 
                Education Goals and to provide all students 
                with a fair opportunity-to-learn.
          [(2) Form; data.--Reports shall be presented in a 
        form, and include data, that is understandable to 
        parents and the general public.

[SEC. 204. POWERS OF THE GOALS PANEL.

  [(a) Hearings.--
          [(1) In general.--The Goals Panel shall, for the 
        purpose of carrying out this part, conduct such 
        hearings, sit and act at such times and places, take 
        such testimony, and receive such evidence, as the Goals 
        Panel considers appropriate.
          [(2) Representation.--In carrying out this part, 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.
  [(b) 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 part. 
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.
  [(c) 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.
  [(d) Use of Facilities.--The Goals Panel may, with 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.
  [(e) Administrative Arrangements and Support.--
          [(1) In general.--The Secretary shall provide to the 
        Goals Panel, on a reimbursable basis, such 
        administrative support services as the Goals Panel may 
        request.
          [(2) Contracts and other arrangements.--The 
        Secretary, to the extent appropriate, and on a 
        reimbursable basis, shall make contracts and 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.
  [(f) Gifts.--The Goals Panel may accept, administer, and 
utilize gifts or donations of services, money, or property, 
whether real or personal, tangible or intangible.

[SEC. 205. ADMINISTRATIVE PROVISIONS.

  [(a) 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 its members.
  [(b) Quorum.--A majority of the members shall constitute a 
quorum for the transaction of business.
  [(c) Voting and Final Decision.--
          [(1) Voting.--No individual may vote, or exercise any 
        of the powers of a member, by proxy.
          [(2) Final decisions.--
                  [(A) In making final decisions of the Goals 
                Panel with respect to the exercise of its 
                duties and powers the Goals Panel shall operate 
                on the principle of consensus among the members 
                of the Goals Panel.
                  [(B) Except as otherwise provided in this 
                part, if a vote of the membership of the Goals 
                Panel is required to reach a final decision 
                with respect to the exercise of its duties and 
                powers, then such final decision shall be made 
                by a three-fourths vote of the members of the 
                Goals Panel who are present and voting.
  [(d) Public Access.--The Goals Panel shall ensure public 
access to its 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.

[SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

  [(a) 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 to be 
paid at a rate not to exceed the rate of basic pay payable for 
level V of the Executive Schedule.
  [(b) Appointment and Pay of Employees.--
          [(1) In general.--(A) 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.
          [(B) 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.
          [(2) Additional employees.--The Director may appoint 
        additional employees to serve as staff to the Goals 
        Panel in accordance with title 5, United States Code.
  [(c) 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.
  [(d) 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 its duties under this 
part.

[SEC. 207. EARLY CHILDHOOD ASSESSMENT.

  [(a) In General.--The Goals Panel shall support the work of 
its Resource and Technical Planning Groups on School Readiness 
(hereafter in this section referred to as the ``Groups'') to 
improve the methods of assessing the readiness of children for 
school that would lead to alternatives to currently used early 
childhood assessments.
  [(b) Activities.--The Groups shall--
          [(1) develop a model of elements of school readiness 
        that address a broad range of early childhood 
        developmental needs, including the needs of children 
        with disabilities;
          [(2) create clear guidelines regarding the nature, 
        functions, and uses of early childhood assessments, 
        including assessment formats that are appropriate for 
        use in culturally and linguistically diverse 
        communities, based on model elements of school 
        readiness;
          [(3) monitor and evaluate early childhood 
        assessments, including the ability of existing 
        assessments to provide valid information on the 
        readiness of children for school; and
          [(4) monitor and report on the long-term collection 
        of data on the status of young children to improve 
        policy and practice, including the need for new sources 
        of data necessary to assess the broad range of early 
        childhood developmental needs.
  [(c) Advice.--The Groups shall advise and assist the 
Congress, the Secretary, the Goals Panel, and others regarding 
how to improve the assessment of young children and how such 
assessments can improve services to children.
  [(d) Report.--The Goals Panel shall provide reports on the 
work of the Groups to the appropriate committees of the 
Congress, the Secretary, and the public.]

           *       *       *       *       *       *       *


                [PART C--AUTHORIZATION OF APPROPRIATIONS

[SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated $3,000,000 for 
fiscal year 1994, and such sums as may be necessary for each of 
the four succeeding fiscal years, to carry out part A of this 
title.]

           *       *       *       *       *       *       *


               [TITLE VI--INTERNATIONAL EDUCATION PROGRAM

[SEC. 601. INTERNATIONAL EDUCATION PROGRAM.

  [(a) Program Established.--The Secretary, with the 
concurrence of the Director of the United States Information 
Agency and with the foreign policy guidance of the Secretary of 
State, shall carry out an International Education Program in 
accordance with this section that shall provide for--
          [(1) the study of international education programs 
        and delivery systems; and
          [(2) an international education exchange program.
  [(c) International Education Exchange.--
          [(1) Requirement.--
                  [(A) In general.--The Secretary, in 
                consultation with the Director of the United 
                States Information Agency, shall carry out a 
                program to be known as the International 
                Education Exchange Program. Under such program 
                the Secretary shall award grants to or enter 
                into contracts with organizations with 
                demonstrated effectiveness or expertise in 
                international achievement comparisons, in order 
                to--
                          [(i) make available to educators from 
                        eligible countries exemplary curriculum 
                        and teacher training programs in civics 
                        and government education and economic 
                        education developed in the United 
                        States;
                          [(ii) assist eligible countries in 
                        the adaptation and implementation of 
                        such programs or joint research 
                        concerning such programs;
                          [(iii) create and implement 
                        educational programs for United States 
                        students which draw upon the 
                        experiences of emerging constitutional 
                        democracies;
                          [(iv) provide a means for the 
                        exchange of ideas and experiences in 
                        civics and government education and 
                        economic education among political, 
                        educational, and private sector leaders 
                        of participating eligible countries; 
                        and
                          [(v) provide support for--
                                  [(I) 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
                                  [(II) effective participation 
                                in and the preservation and 
                                improvement of an efficient 
                                market economy.
                  [(B) Program administration.--The Secretary 
                and the Director of the United States 
                Information Agency, or their designees, shall 
                be jointly responsible for the design of the 
                program described in subparagraph (A). The 
                Secretary and the Director of the United States 
                Information Agency shall name to an oversight 
                committee an equal number of representatives. 
                Such committee shall determine the 
                specifications for requests for proposals, the 
                eligibility and review criteria for proposals, 
                and the review process for proposals, for 
                grants or contracts under this section. The 
                Director of the United States Information 
                Agency shall have particular responsibility for 
                ensuring that programs assisted under this 
                section are not duplicative of other efforts in 
                the target countries and that foreign partner 
                institutions are creditable.
                  [(C) Reservations.--In carrying out the 
                program described in subparagraph (A), there 
                shall be reserved in each fiscal year--
                          [(i) 50 percent of the amount 
                        available to carry out this subsection 
                        for civics and government education 
                        activities; and
                          [(ii) 50 percent of such amount 
                        available to carry out this subsection 
                        for economic education activities.
          [(2) Contract authorized.--
                  [(A) In general.--The Secretary, in 
                consultation with the Director of the United 
                States Information Agency, is authorized to 
                contract with independent nonprofit educational 
                organizations to carry out the provisions of 
                this subsection.
                  [(B) Number.--The Secretary, in consultation 
                with the Director of the United States 
                Information Agency, shall award at least 1 but 
                not more than 3 contracts described in 
                subparagraph (A) in each of the areas described 
                in clauses (i) and (ii) of paragraph (1)(B).
                  [(C) Avoidance of duplication.--The 
                Secretary, in consultation with the Director of 
                the United States Information Agency, shall 
                award contracts described in subparagraph (A) 
                so as to avoid duplication of activities in 
                such contracts.
                  [(D) Requirements.--Each organization with 
                which the Secretary enters into a contract 
                pursuant to subparagraph (A) shall--
                          [(i) be experienced in--
                                  [(I) the development and 
                                national implementation of 
                                curricular programs in civics 
                                and government education and 
                                economic education for students 
                                from grades kindergarten 
                                through 12 in local, 
                                intermediate, and State 
                                educational agencies, in 
                                schools funded by the Bureau, 
                                and in private schools 
                                throughout the Nation with the 
                                cooperation and assistance of 
                                national professional 
                                educational organizations, 
                                colleges and universities, and 
                                private sector organizations;
                                  [(II) the development and 
                                implementation of cooperative 
                                university and school-based 
                                inservice training programs for 
                                teachers of grades kindergarten 
                                through grade 12 using scholars 
                                from such relevant disciplines 
                                as political science, political 
                                philosophy, history, law and 
                                economics;
                                  [(III) the development of 
                                model curricular frameworks in 
                                civics and government education 
                                and economic education;
                                  [(IV) the administration of 
                                international seminars on the 
                                goals and objectives of civics 
                                and government education or 
                                economic education in 
                                constitutional democracies 
                                (including the sharing of 
                                curricular materials) for 
                                educational leaders, teacher 
                                trainers, scholars in related 
                                disciplines, and educational 
                                policymakers; and
                                  [(V) the evaluation of civics 
                                and government education or 
                                economic education programs; 
                                and
                          [(ii) have the authority to 
                        subcontract with other organizations to 
                        carry out the provisions of this 
                        subsection.
          [(3) Activities.--The international education program 
        described in this subsection shall--
                  [(A) provide eligible countries with--
                          [(i) 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;
                          [(ii) visits to school systems, 
                        institutions of higher learning, and 
                        nonprofit organizations conducting 
                        exemplary programs in civics and 
                        government education and economic 
                        education in the United States;
                          [(iii) home stays in United States 
                        communities;
                          [(iv) translations and adaptations 
                        regarding United States civics and 
                        government education and economic 
                        education curricular programs for 
                        students and teachers, and in the case 
                        of training programs for teachers 
                        translations and adaptations into forms 
                        useful in schools in eligible 
                        countries, and joint research projects 
                        in such areas;
                          [(v) translation of basic documents 
                        of United States constitutional 
                        government for use in eligible 
                        countries, such as The Federalist 
                        Papers, selected writings of Presidents 
                        Adams and Jefferson and the Anti-
                        Federalists, and more recent works on 
                        political theory, constitutional law 
                        and economics; and
                          [(vi) research and evaluation 
                        assistance to determine--
                                  [(I) 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
                                  [(II) effective participation 
                                in and the preservation and 
                                improvement of an efficient 
                                market economy;
                  [(B) provide United States participants 
                with--
                          [(i) seminars on the histories, 
                        economics, and governments of eligible 
                        countries;
                          [(ii) visits to school systems, 
                        institutions of higher learning, and 
                        organizations conducting exemplary 
                        programs in civics and government 
                        education and economic education 
                        located in eligible countries;
                          [(iii) home stays in eligible 
                        countries;
                          [(iv) assistance from educators and 
                        scholars in eligible countries in the 
                        development of curricular materials on 
                        the history, government and economics 
                        of such countries that are useful in 
                        United States classrooms;
                          [(v) opportunities to provide on-site 
                        demonstrations of United States 
                        curricula and pedagogy for educational 
                        leaders in eligible countries; and
                          [(vi) research and evaluation 
                        assistance to determine--
                                  [(I) 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
                                  [(II) effective participation 
                                in and improvement of an 
                                efficient market economy; and
                  [(C) assist participants from eligible 
                countries and the United States in 
                participating in international conferences on 
                civics and government education and economic 
                education for educational leaders, teacher 
                trainers, scholars in related disciplines, and 
                educational policymakers.
          [(4) Participants.--The primary participants in the 
        international education program assisted under this 
        subsection shall be leading educators in the areas of 
        civics and government education and economic education, 
        including curriculum and teacher training specialists, 
        scholars in relevant disciplines, and educational 
        policymakers, from the United States and eligible 
        countries.
          [(5) Personnel and technical experts.--The Secretary 
        is authorized to provide Department of Education 
        personnel and technical experts to assist eligible 
        countries to establish and implement a database or 
        other effective methods to improve educational delivery 
        systems, structure and organization.
          [(6) Definitions.--For the purpose of this subsection 
        the term ``eligible country'' means a Central European 
        country, an Eastern European country, Lithuania, 
        Latvia, Estonia, Georgia, the Commonwealth of 
        Independent States, and any country that formerly was a 
        republic of the Soviet Union whose political 
        independence is recognized in the United States.
  [(d) Authorization of Appropriations.--
          [(2) International education exchange.--There are 
        authorized to be appropriated $10,000,000 for fiscal 
        year 1995, and such sums as may be necessary for each 
        of the fiscal years 1996 through 1999, to carry out 
        subsection (c).]

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

                            i. introduction

    Congress should reject the so-called Opportunity to Protect 
and Invest in Our Nation's Schools (OPTIONS) Act (HR 4141), 
which reauthorizes several programs under the Elementary and 
Secondary Education Act (ESEA), including the Safe and Drug 
Free Schools Act, the Gun Free Schools act, and the Technology 
for Success Act. While this bill does take some steps toward 
restoring local control of education, the majority of this bill 
gives Congress more options to exceed it's constitutional 
authority by micro-managing education. Furthermore, this bill, 
and much of the debate surrounding it, promotes the myth that 
federal programs can somehow resolve social and cultural 
problems.
    The major portion of this Act is the Drug and Violence 
Prevention and Education for Students and Communities Act, 
which provides funds to local schools for education programs 
aimed at reducing drug use among young people. As an Ob-GYN, 
who has helped deliver more than four thousand babies, I share 
my colleagues' commitment to keeping young children away from 
drugs and preventing youth violence. However, I believe that 
the federal government is neither constitutionally authorized 
nor institutionally capable of reducing drug use among any 
segment of the American people. Drug use is primarily a 
cultural problem and federal programs are a poor means of 
solving cultural problems. Instead, the key to keeping children 
free from drugs lies with local communities, churches, and, 
most of all, parents.

 ii. hr 4140 usurps the legitimate authority of local communities and 
                                parents

    Instead of allowing local communities to find the best 
means of discouraging drug use among young people, this bill 
imposes a uniform drug prevention curriculum on every school in 
the nation. It is especially disturbing to once again witnesses 
those who are usually supporters of limited, constitutional 
government lead the fight to discard the constitutional 
limitations on federal power in the name of the ``drug war.'' 
Just last month, many members of the House who were skeptical 
of military intervention in Haiti and Kosovo enthusiastically 
voted to intervene in the internal affairs of Columbia in order 
to defeat the drug lords. Now, many members who usually vote to 
reduce federal control over education will vote to increase 
federal interference in the classroom in the name of the war on 
drugs. Contrary to what many of my colleagues seem to think, 
there is no ``drug war'' exemption to the Tenth Amendment. My 
colleagues should remember that it took the passage of the 18th 
amendment to give the federal government the power to 
regulation alcohol.
    The drug-free education model promoted in this act 
reinforces the modern notion that government officials should 
have virtually unfettered power to violate individual liberty 
if the violation can somehow be justified in the name of the 
drug war. For example, among the provisions in this bill is one 
allowing states to use federal funds for drug tests and locker 
searches, thus undermining student privacy. I note that there 
is nothing in the bill requiring even parental consent before a 
school official can invade a student's personal property. While 
teaching students there should meekly submit to any and all 
violations of their rights in the name of the drug war is not 
an effective way to battle drugs, its is an effective way to 
stamp out liberty.
    By increasing federal micro-management, Congress decreases 
the ability of local school officials to offer innovative 
programs designed to help children who are ``at-risk'' of 
turning to drugs or crime. For example, my office has been 
contacted by organizations concerned that under this bill local 
schools districts will feel compelled to replace programs 
designed to help boost student interest in science and math 
with ``anti-drug'' programs. The decision of whether children 
will benefit more from programs aimed at increasing their 
interest in science and math than programs stressing the 
dangers of drug use is one that should only be made by parents 
and local school officials.
    Furthermore, many of the programs funded under this act, 
particularly those funded under the rubit of ``social 
service'', undermine parental values. It is hard to find a more 
outrageous example of a misuse of government power than to use 
monies unjustly taken from American parents to indoctrinate 
their children with values and beliefs diametrically opposed to 
those of the parents.

   iii. the solution to social problems lies in promoting individual 
             responsibility, not expanding government power

    At least most of my colleagues who wish to trample the 
Constitution in the name of the drug war recognize that human 
beings are moral actors who must ultimately be held accountable 
for their actions. In contrast, there are many members in 
Congress who seem to believe that criminal activity stems not 
from any individual moral failing but because people have 
access to guns. These members are shamelessly exploiting recent 
gun tragedies, such as those in Colorado and Michigan, to 
restrict the liberty of lawful gun-owning Americans. I would 
remind my colleagues that the federal government has no 
constitutional authority to insert itself into matters of 
colleagues that the federal government has not constitutional 
authority to insert itself into matters of crime control and, 
in fact, the Second Amendment forbids Congress from diminishing 
the people's right to bear arms. Furthermore, any new gun 
control legislation will likely only effect innocent citizens 
since criminals are unlikely to follow such laws. In fact, by 
reducing the opportunity for the law abiding to defend 
themselves, new gun control laws could lead to an increased 
loss of innocent life.
    Instead of blaming guns, drugs, or excessive exposure to 
violent programing we need to return to the old tradition of 
holding individuals accountable for their actions. A culture 
that fails to hold individuals responsible for the consequences 
of their actions endangers liberty, because if individuals do 
not control themselves the state will control them. I would 
also remind my colleagues that crime, and other social 
pathologies, were much lower in the days when Americans had 
much greater access to guns; people where held responsible for 
their actions; families and churches took the lead in 
instilling moral values; and the federal government respected 
it's constitutional limitations.

 iv. the best way to improve education is to give parents control over 
                        their educational dollar

    In addition to the philosophic and constitutional 
objections stated above, I also find HR 4141 offensive because 
of the education resources wasted when taxpayers are forced to 
send money to Washington, which then distributes a smaller 
portion of this money to the states and the local school 
districts, with detailed instructions on how it is to be spent.
    Instead of this convoluted process, I have proposed a much 
more direct, effective, and constitutional means of financing 
American education: give control over the education dollar back 
to America's parents. My Family Education Freedom Act (HR 935) 
does this by providing all parents with a $3,000 per child tax 
credit to spend on K-12 education expenses. This credit allows 
parents to devote more of their own resources to education to 
ensure their children get educations that meet the children's 
needs instead of an education that fits the priorities of DC-
based bureaucrats and politicians in Washington. By placing 
control of the education dollar in the hands of parents, my 
bill also helps ensure that education funds will be spent on 
children, not wasted in bureaucracy. I have also introduced the 
Education Improvement Tax Cut Act (HR 936), which provides a 
tax credit of up to $3,000 tax credit for contributions to K-12 
elementary or secondary scholarships as well as for cash or in-
kind donations to elementary and secondary public or private 
schools.
    Under my legislation, families could work with school 
officials and local communities to develop the type of drug and 
firearms safety education program that best suits the needs of 
children in those local communities. By reducing the tax burden 
on American families, my legislation will also give parents the 
ability to spend more time with their children, instead of 
having to spend the majority of their time working to pay the 
inordinate tax burden the federal government has placed on the 
American family.
    My education package will also help meet some of the other 
goals of this legislation, such as ensuring that children have 
the familiarity with modern technology necessary to succeed in 
today's economy. HR 4141 reauthorizes the ``Tech for Success'' 
program, which provides taxpayer monies to local communities in 
order to use them to fulfill certain federally-defined goals 
involving technology. This program is filled with the same 
bureaucratic requirements contained in every program in this 
legislation, which do nothing but strip local communities of 
control over education and divert resources away from the 
classroom. In contrast, under my education program, when 
parents and communities leaders decide that children in a 
community need technology education, or that educators need 
enhance technology training, they can spend money directly on 
technology training without having to get the permission of 
federal bureaucrats!
    I would be remiss if I did not mention that this bill takes 
some steps toward restoring true local control of education 
resources through the transferability provision. Under this 
program, local officials will be able to transfer unneeded 
program funds into another federal program. Thus, a school that 
does not need to devote all of its Safe and Drug Free schools 
money to that program can spend more helping undeserved 
children under the Title One program. Meanwhile, a school that 
could use more funds to devote to a quality drug education 
program, but does not need to spend more on technology 
training, can devote more resources to drug prevention 
programs. This represents a good first step toward restoring 
true local control over education.
    Supporters of a constitutional education policy should also 
be pleased that this bill deletes all references to the GOALS 
2000 program. GOALS 2000 was one of the most outrageous power 
grabs over local education in recent memory and all supporters 
of constitutional government and quality education should be 
pleased to see its demise.

                             v. conclusion

    While the misnamed-OPTIONS bill does take a step forward to 
restore local control over education, it also inflicts new 
mandates on local schools, undermines parental rights, and 
violates the second and tenth amendments to the United States 
Constitution in the name of fighting drugs and violence. Much 
of this bill is a wrongheaded, unconstitutional, and dangerous 
attempt to resolve cultural problems by expanding the size of 
government, while other parts of the bill ``merely'' continue 
to force states and localities to abide by education priorities 
set by DC-based politicians and bureaucrats. Rather than 
advance centralized control over education, Congress should 
return control over education to the nation's families by 
returning control over the education dollar to the American 
people. Empowering individuals, parents and communities is also 
the best way to deal with the cultural problems that lie at the 
root of youth violence and youth drug abuse. Therefore, I call 
on my colleagues to defeat this bill and join my efforts to 
return control of the education dollar to the American people 
embracing my Family Education Freedom Act (HR 935) and the 
Education Improvement Tax Cut (HR 936).

                                                          Ron Paul.

                            ADDITIONAL VIEWS

 republican cessation of education services irresponsibly will lead to 
                     unsafe communities and schools

    We opposed the Committee's adoption of the Norwood and 
Talent amendments to H.R. 4141. These amendments would gut the 
historic bipartisan 1997 agreement on the Individuals with 
Disabilities Education Act (IDEA) and put our communities and 
families at greater danger of violence and crime.
    Both amendments would permit schools to cease educational 
services under certain conditions to students with disabilities 
who have been expelled or suspended from schools. Specifically, 
the Norwood amendment would allow cessation of educational 
services for children with disabilities who bring a weapon to 
school. The Talent amendment would permit cessation of 
educational services for children with disabilities who 
possess, use or sell illegal drugs at school or commit an 
aggravated assault or battery as defined under State law. Both 
amendments would also eliminate IDEA's due process protections 
for disabled children accused of discipline violations, 
replacing them with a weakened ``defense of innocence 
provision,'' that would provide zero safeguards. Even more 
disturbing, both amendments would allow cessation of 
educational services to students where they behavior is 
directly related to their disability. This is a considerable 
departure from longstanding policy in existence from the 
inception of this Act.
    Before the passage of Education for All Handicapped 
Children Act in 1975 (IDEA's predecessor statute), young people 
with disabilities were often shut way and condemned to a life 
away from their families and communities. At that time, 4 
million disabled children did not receive the assistance they 
needed to succeed in school--either because their disabilities 
were undetected or because schools refused or were unable to 
offer the services they needed. Additionally, more than one 
million school-aged children with disabilities were excluded 
from public school all together. At the time, one of the 
primary reasons for excluding these children from school was 
due to the perception by schools that these students were too 
disruptive to serve. In short, they were discipline problems.
    It is against this backdrop that Congress passed the 
Education for All Handicapped Children Act in 1975 to guarantee 
the availability of special education to disabled students and 
to insure the appropriateness of instruction and services to 
these students. Recognizing the special status of this landmark 
civil rights legislation, the Congress gave the Act permanent 
authorization status--one of a very few education programs to 
have this status.
    Over the course of the 104th and 105th Congress, the 
Committee carefully weighted the issue of how to discipline 
disabled students. The Committee held numerous hearings and 
entertained several proposals on how to ensure a safe, orderly 
educational environment for students of disabilities and the 
schools that they attend. When the issue of ceasing educational 
services was considered after months of deliberation, it was 
rejected by a majority of witnesses at legislative hearings and 
most importantly rejected by a near unanimous vote in Congress.
    Despite the bipartisan history behind the current statutory 
provisions pertaining to discipline, the Republican majority 
has now sought to irresponsibly end educational opportunity and 
increase violence and crime. It is difficult for any student 
who is suspended or expelled to ever catch up and graduate from 
school. Research shows that children with disabilities who are 
put out of school without educational services are much less 
likely than other children to ever catch up, much less likely 
to graduate from high school, less likely to be employed, and 
substantially more likely to be involved in crime.
    Some support cessation of services because they think it 
will act as a deterrent. But those who put any thought into 
that issue know that threatening a child with a 1-year vacation 
from school will not serve as a deterrent from misconduct. In 
fact, the Committee heard from several law enforcement 
organizations that opposes the policy embodied in these 
amendments because they recognize that it will not make our 
communities safer.
    During the Juvenile Justice debate on a similar amendment a 
national coalition of police chiefs, prosecutors and crime 
victims wrote us a letter which said, in part, ``giving a 
guntoting kid an extended vacation from school and from all 
responsibility is soft on offenders and dangerous for everyone 
else. Please don't give those kids who need adult supervision 
the unsupervised time to rob, become addicted to drugs and get 
their hands on other guns to threaten students when the school 
bell rings.'' (May 17, 1999 Letter from Fight Crime and Invest 
In Kids to Senators considering similar IDEA Amendment on 
Juvenile Justice legislation.)
    Alternative education services are certainly cheaper than 
jail or prison and the phenomenal success of some States in 
preventing serious disciplines problems from developing in the 
first place suggests that there are much better approaches to 
school safety and discipline than expulsion without educational 
services. Yet despite these successes and overwhelming evidence 
that interventions can reduce disciplinary problems, these 
amendments strip away some of the very provisions in IDEA that 
most experts would agree are the prudent things to do in order 
to prevent future disciplinary problems, provisions such as 
implementing an intervention plan in order to address the 
behavior that got the student in trouble in the first place.
    We regret that the Committee has taken the opportunity to 
undermine this important education program with ill-conceived, 
partisan and opportunistic attacks. The Republican party, which 
has made its mark this Congress by rejecting common-sense gun 
control and juvenile crime legislation is once again 
irresponsibly increasing the violence in our communities with 
the passage of these amendments.

                                   Dale E. Kildee.
                                   Bobby Scott.

             ADDITIONAL VIEWS BY ROBERT C. ``BOBBY'' SCOTT

                           charitable choice

    I continue to have grave concerns about the constitutional 
and policy implications of the Charitable Choice provision 
contained in the Safe and Drug-Free Schools and Communities 
Act, Title II of H.R. 4141, the OPTIONS Act. The provision 
seeks to allow religious organizations to receive grants under 
Title II of the bill to implement drug and violence prevention 
programs in conjunction with local schools. While this 
provision seeks to ensure that ``religious organizations be 
considered on the same basis as other nongovernmental 
organizations'' receiving grants to reduce drug use and 
prevalence of violence in our schools--it has many troubling 
implications.
    Specifically, Title II of the bill would allow publicly 
funded employment discrimination on the basis of religion. 
Charitable Choice provides that religious organizations may 
retain their exemption from the prohibition against religious 
discrimination in Title VII of the 1964 Civil Rights Act, 
regardless of the receipt of federal funds, and therefore are 
permitted to discriminate with those funds on the basis of 
religion.
    The idea that religious bigotry may take place with federal 
funds is not speculative. During several debates on this issue 
and reaffirmed during the consideration in committee, it has 
been established that a religious organization using federal 
funds under Charitable Choice could fire or refuse to hire a 
perfectly qualified employee because of that person's religion. 
(``* * * [A] Jewish organization can fire a Protestant if they 
choose,'' 145 Cong. Rec. H4687 (daily ed. June 22, 1999)). 
Unfortunately, the Committee failed to adopt my amendment which 
would have ensured that the exemption under Title VII should 
not apply to any employment position funded by a Safe and Drug-
Free Schools and Communities grant.
    The current exemption provided under Title VII is a common 
sense provision which allows religious organizations to 
discriminate based on religion when, for example, a Catholic 
church hires a priest. They can, of course, require that the 
job applicant be Catholic. This exemption was intended to apply 
to the use of private funds for the religious organization and 
it was never expected to be applied to the use of federal 
funds.
    It is an incorrect assertion that the extension of the 
Title VII exemption is consistent with current law. I 
specifically disagree with the Committee that ``[t]he provision 
would: * * * (3) clarify that religious organizations are 
exempt from employment nondiscrimination requirements of Title 
VII of the Civil Rights Act as is true under the current Title 
VII civil rights law.'' In fact, the Supreme Court has never 
addressed the issue with respect to the Title VII exemptions 
for Religious organizations in which public funds were 
involved. Past court cases have only dealt with the Title VII 
exemption for religious organizations in which private funds 
were at stake.
    Furthermore, the only court to consider this issue, a 
Federal District Court in Mississippi, held (in an unpublished 
case) that the funds ``constituted direct financial support in 
the form of a substantial subsidy, and therefore, to allow the 
Salvation Army to discriminate on the basis of religion, * * * 
would violate the Establishment Clause of the First 
Amendment.'' Dodge v. Salvation Army, 1989 WL 53857 (S.D. 
Miss.) Recently, a complaint was filed against Kentucky Baptist 
Homes For Children, Inc. in the United States District Court 
Western District of Kentucky concerning whether state aid can 
be used by religious organizations to discriminate in their 
employment. At issue is whether or not Kentucky Baptist Homes 
for Children, receiving most of their operating funds from the 
State, can fire an exemplary employee because that employee's 
homosexuality was contrary to the center's Christian values. 
This case will likely have implications for the employment 
discrimination provisions contained in Charitable Choice.
    As the Kentucky case suggests, there are broader 
implications for extending the Title VII exemption than merely 
the hiring or firing of an individual on the sole basis of that 
person's religion. An excerpt from a Congressional Research 
Service memorandum best illuminates the potential consequences 
of including such a provision. ``If a religious provider's 
faith mandates or ordains observance of precepts based on race 
or gender or sexual orientation or martial status or behavior, 
the * * * provision allows the provider to discriminate against 
employees and potential employees on that basis.'' While the 
Supreme Court would, I hope, find racial discrimination 
constitutionally suspect even if it were to be motivated by a 
religious belief, there should, nonetheless, be cause for 
concern that there are questions about the interplay between 
Charitable Choice and other nondiscrimination provisions.
    It is a result of these very questions that made it 
necessary to offer an amendment to make it clear that any 
receipt of Safe and Drug-Free Schools and Communities Act funds 
constituted receipt of federal financial assistance. For the 
purposes of establishing legislative history, my intent with 
this amendment is that religious organizations operating with 
federal funds must abide by anti-discrimination laws and that 
the funding agency should have the power to enforce these laws. 
I agree with the Committee that this amendment does not extend 
``civil rights protections beyond current law'' but I would 
note that these laws should be enforced is a religious 
organization is found to have violated any anti-discrimination 
laws. One of the traditional enforcement mechanisms includes 
the withholding of federal funds from entities found in 
violation of federal law. This option would be available to any 
agency in its oversight over religious organizations' 
participation in the Safe and Drug-Free Schools and Communities 
program. Without the power to withhold funds, the funding 
agency would have to find an individual complainant against. In 
practical terms this could be difficult if no minorities wanted 
to go there because of the discrimination. This amendment had 
previously been adopted on H.R. 3222, a bill to reauthorize the 
Even Start family literacy program.
    The second of my amendments that was adopted improves the 
likelihood that religious organizations operating with Safe and 
Drug-Free Schools and Communities Act funds would do so without 
being in violation of the Constitution. Without my amendment, 
the Charitable Choice provision prohibited only the public 
funds from being used for ``sectarian worship, instruction, or 
proselytization''. This would not, of course, cover the 
privately paid employee or volunteer from engaging in such 
activity. The concern here is that you have school-age children 
attending a federally funded drug and violence prevention 
program. In essence, they are a captive audience. Without my 
amendment, the provision takes on the meaning of a federally 
funded school prayer program. For purposes of establishing 
legislative history, the amendment I offered which was accepted 
provided that a ``charitable, religious or private 
organization'' could not subject a participant in a Safe and 
Drug-Free Schools and Communities program to sectarian worship 
or instruction or proselytization, through any means regardless 
of whether it is paid for with federal funds, provided through 
a volunteer, or in any other way. Again, my amendment improves 
the Charitable Choice provision and increases the possibility 
that it could be implemented consistent with the Constitution. 
This amendment had also been adopted during consideration of 
H.R. 3222, a bill to reauthorize the Even Start family literacy 
program.
    It is important to note that Charitable Choice has not been 
enacted without its controversies or without questions about 
its constitutionality. When signing charitable choice into law 
as part of S. 2206, the Community Services Block Grant 
reauthorization, President Clinton included the following 
statement:

          The Department of Justice advises, however, that the 
        provision that allows religiously affiliated 
        organizations to be providers under CSBG would be 
        unconstitutional if and to the extent it were construed 
        to permit government funding of ``pervasively 
        sectarian'' organizations, as that term has been 
        defined by the courts. Accordingly, I construe the Act 
        as forbidding the funding of pervasively sectarian 
        organizations and as permitting Federal, State, and 
        local governments involved in disbursing CSBG funds to 
        take into account the structure and operations of a 
        religious organization in determining whether such an 
        organization is pervasively sectarian.

    In various cases, the Supreme Court lists several criteria 
to be used to determine if an institution is ``pervasively 
sectarian:'' (1) location near a house of worship; (2) an 
abundance of religious symbols on the premises; (3) religious 
discrimination in the institution's hiring practices; (4) the 
presence of religious activities; and (5) the purposeful 
articulation of a religious mission.
    Yet, the legislative history of Charitable Choice is very 
clear--its purpose is to provide government funding to 
``pervasively sectarian'' religious organizations. During the 
debate on an amendment offered by Rep. Chet Edwards to H.R. 
3073, ``The Fathers Count Act of 1999'', proponents of 
Charitable Choice argued that to not allow funding of 
pervasively sectarian organizations would ``gut'' the bill. 
Unfortunately, Rep. Edwards' amendment to prohibit federal 
funding of ``pervasively sectarian'' organizations was defeated 
on a vote of 184 to 238.
    In a Congressional Research Service report entitled 
``Charitable Choice: Background and Selected Legal Issues'' 
(RL30388), it contemplates the difficulty of implementing all 
of the seemingly contradictory elements of Charitable Choice in 
a manner consistent with the Constitution.

          As noted above, one of the issues that has been 
        raised about charitable choice measures is whether it 
        is possible to implement all of their provisions or 
        whether some necessarily have to be ignored, i.e., 
        whether the various provisions of charitable choice are 
        internally contradictory. But that issue of the 
        administrative feasibility of implementing charitable 
        choice is, in fact, a question of its 
        constitutionality. All of the charitable choice 
        provisions enacted or approved to date require that 
        they be implemented ``consisted with the Establishment 
        Clause of the United States Constitution.'' But they 
        also allow the religious organizations that receive 
        grants or administer contracts under the pertinent 
        programs to hire only adherents of their own faith, to 
        display religious symbols and scripture on the premises 
        where services are provided, to practice and express 
        their religious beliefs ``independent'' of any 
        government restrictions, and apparently, to invite the 
        participants in the publicly funded programs to take 
        part in religious activities funded with the 
        organizations' own funds. Such organizations also need 
        not, although they may, be incorporated separately from 
        a sponsoring religious entity. Administratively, the 
        question is whether the programs can be implemented in 
        full compliance with all of these provisions. But more 
        fundamentally, the question is whether it is 
        ``consistent with the Establishment Clause'' for the 
        government to fund religious organizations with these 
        characteristics. * * * That means for purposes of 
        direct public aid a religious organization's secular 
        functions and activities must be able to be separated 
        from its religious functions and activities. If they 
        are separable, government can directly subsidize those 
        functions. However, if the entity is so permeated by a 
        religious purpose and character that its secular 
        functions and religious functions are ``inextricably 
        intertwined,'' i.e., if the entity is ``pervasively 
        sectarian,'' the Court has held the establishment 
        clause generally to forbid direct assistance.

    The premise of Charitable Choice seems to suggest that 
religious organizations participating in Safe and Drug-Free 
Schools and Communities program may operate without regard to 
providing a religiously neutral atmosphere. Their 
constitutional requirement to provide services in a neutral 
environment which is not ``pervasively sectarian'' is not 
lessened by the provisions in Charitable Choice. It is 
unfortunate that the language in Charitable Choice, 
specifically subsection (b), may lead some religious 
organizations to operate in a manner that violates the 
Constitution and subject them to unwanted lawsuits.
    It is also unfortunate that proponents of Charitable Choice 
have failed to contemplate the harm that this provision may 
cause to religious organizations and their religious mission 
when these organizations receive funds under Charitable Choice. 
In a March 17, 2000 Capitol Hill briefing on Charitable Choice 
sponsored by the Working Group for Religious Freedom, several 
speakers representing a broad political spectrum voiced their 
concerns about the false promise that this provision offers to 
faith based organizations.
    At that briefing, Rev. Wanda Henry of the American Baptist 
Churches, USA offered her eloquent thoughts on what Charitable 
Choice means for faith-based organizations:

    Charitable Choice's proponents argue that the way in which 
faith-based organizations operate and function as an entity 
will not change as a result of Charitable Choice. But, 
competition fosters change.
    The change surfaces when meeting the needs of the people 
become secondary and the ``money chase''--the quest for 
government-funded contracts and/or grants--becomes primary.
    There will be a change when the decisions affecting who 
receives assistance and how the assistance is implemented are 
removed from the mission of the faith-based organizations and 
becomes bogged down in, with, and through government controls 
and bureaucracy.
    Charitable Choice does an injustice to the organizations 
receiving funds by not clearly delineating the chain of events 
which occur when government monies enter into the doors and 
settle into the coffers of the treasuries of our churches and 
ministries.
    For example, Charitable Choice suggests that the audit is a 
limited event if there is a separate reporting and 
accountability of government funds. While that may be true, as 
a former Contracting Officer, I know that the limit of the 
audit is not so much determined by separations as it is by 
thresholds and dollar amounts. * * * You and I know that 
contracts--government and otherwise--are written from the 
vantage point of the one with the dollars. In this instance, it 
is the government. Equality does not exist here due to the 
pressures created from government contracts and grants as a 
result of time-consuming administration and monitoring 
functions.
    The prophetic voice of the church will be silenced or 
threatened with silence due to their inability to criticize the 
main source of their funding for meeting social needs. 
Certainly Charitable Choice does not intend this--or does it? 
Dr. James M. Dunn once stated: ``You can't fool all the people 
all the time, but there is good money in trying.'' In the same 
manner, Dr. Martin Luther King, Jr., said ``The Church is not 
the master of the state, nor the servant of the state but the 
conscience of the state.'' Charitable Choice places faith-based 
institutions in the position of losing their consciences.
          Charitable Choice will force church and other faith 
        based institutions to become so dependent on government 
        monies that they will lose their place in the spiritual 
        realm and become mere facades for government buildings.

    Another speaker at this briefing also spoke of the dangers 
of government funding of religious organizations as proposed 
under Charitable Choice. Melissa Rogers is the General Counsel 
for the Baptist Joint Committee. The spirit of her comments are 
best illustrated in an Op-Ed article she authored appearing in 
the The Washington Post on June 23, 1999. Excerpts follows:

          Put simply, charitable choice is the wrong way to do 
        right. For one thing, religious ministries would be 
        regulated by the government, which would mean audits 
        and, probably, tedious reporting, intrusive compliance 
        reviews and even the subordination of religious 
        principles to government policies and objectives.
          Gore and Bush have emphasized that the charitable 
        choice law attempts to protect the religious character 
        and autonomy of providers, but whether these 
        protections would survive judicial scrutiny is 
        questionable. For example, is it constitutional to 
        allow a religious ministry to insist that no Jews or 
        Muslims need apply for jobs that are tax-funded? One 
        federal district court has already refused to allow the 
        Salvation Army to fire an employee whose salary was 
        paid substantially with tax money simply because the 
        employee was a Wiccan.
          Second, under charitable choice, religious ministries 
        could become administrative centers of government 
        benefits and services and gain associated duties such 
        as terminating benefits, reporting on beneficiaries and 
        otherwise policing the system. Instead of being known 
        as sanctuaries, churches could come to be viewed 
        essentially as arms of the state. If tax subsidies flow 
        to churches and other religious ministries, the role of 
        religion as prophetic critic of government also will be 
        diminished.

    Another speaker at the March briefing gave a conservative 
perspective of the dangers of Charitable Choice. Timothy Lamer 
is the Deputy Managing Editor of World Magazine, a conservative 
evangelical publication. In 1996, he wrote an article appearing 
in The Weekly Standard entitled ``I Gave At Church'' outlining 
his concerns as a conservative evangelical about the inclusion 
of Charitable Choice in the Welfare Reform law. These concerns 
also apply to Charitable Choice contained in the Safe and Drug-
Free Schools and Communities program in H.R. 4141. An excerpt 
of his article follows:

          Tax dollars given for ``secular'' use at Christian 
        charities will free up church funds for 
        proselytization. But that should concern all those, 
        including evangelicals, who value religious liberty, a 
        basic tenet of which is that citizens should not be 
        taxed to support religions with which they disagree. 
        Evangelicals in particular should remember that under 
        the Ashcroft (Charitable Choice) proposal, state 
        governments will decide which charities get federal 
        dollars. Whichever sects have the most influence in 
        each State will get the coveted funds. Imagine the 
        backlash when evangelicals realize their money is going 
        to support the Mormon Church in Utah and the Roman 
        Catholic Church in Massachusetts. Or when the Mormons 
        and Catholics realize that their tax dollars are 
        supporting the Southern Baptists in Tennessee.
          If money is really fungible, then government support 
        of Mormon charities means the Mormon Church can send 
        more missionaries to, say, the South. And the Southern 
        Baptists can do more evangelism in, say, Utah. There's 
        no better way to start a real religious war in America 
        than to coerce the faithful of any church into 
        subsidizing what they view as a false religion.

    Charitable Choice presents a myriad of constitutional and 
policy implications. Unfortunately, we have failed to fully 
investigate these issues because it is not a serious attempt by 
its proponents to set appropriate, responsible policy for 
religious organizations' participation in federally funded 
grant programs. Rather, it is nothing but political window 
dressing for those who have continually sought in this Congress 
and the previous one to intrude upon the religious liberties 
and protections afforded by the First Amendment of our 
Constitution.
    A copy of the Congressional Research Service Memorandum 
entitled `Questions Concerning Possible Charitable Choice 
Amendment to the Even Start Program,' is submitted for the 
record as part of my Additional Views.

                              Hate Crimes

    The Majority's elimination of hate crime prevention 
programs in Title II of H.R. 4141, the OPTIONS Act, represents 
their latest and most egregious attempt to roll back school and 
community based efforts to reduce the incidence of hate crimes 
committed by youth. Most disappointing is that this effort 
comes cloaked in language of religious tolerance when in fact 
it condones and encourages intolerance.
    Hate crimes are defined in law as offenses that ``manifest 
evidence of prejudice based on race, religion, sexual 
orientation, or ethnicity.'' (P.L. 101-275) The Department of 
Justice reports that the incidence of hate crimes based on 
race, religion, sexual orientation, disability and gender, has 
been on the rise since 1991 when data was first collected. 
Based on the most recent data available, in 1996 there were 
over 8,000 reported incidents of hate crimes. Crimes motivated 
by prejudice and intolerance based on race represented the 
majority of these hate crimes. In fact, in the week before the 
Committee considered H.R. 4141, the Associated Press reported 
on an alleged race-based hate crime in Alabama committed by a 
14 year old and a 15 year old. During committee consideration, 
I introduced for the record, other incidents of school and 
youth based hate crimes as collected by the Human Rights 
Campaign Fund, giving 8 other examples from the past year. 
Because the data collected by the Department of Justice is 
provided voluntarily by law enforcement agencies, most social 
science researchers believe that the incidence of hate crimes 
is underreported.
    While the perception is that hate crimes are committed by 
organized hate group such as ``skinheads'', the research 
reveals that it is more common that young people, ages 15-25, 
are the perpetrators. In order to reduce the incidence of hate 
crimes committed by youth, the Sate Drug Free Schools Act and 
the Juvenile Justice and Delinquency Prevention Act authorize 
funding for school and community based hate crime prevention 
programs. These programs focus on educating youth, who are 
school age, in ways that challenge concepts of prejudice and 
intolerance that are present in various social institutions.
    The Safe and Drug Free School Act provides for the 
development of teaching materials on hate crime prevention. The 
publication most often referenced by the Majority, Healing the 
Hate, is used by teachers as a guide on how to protect students 
from harassment and hate crimes. The manual includes examples 
of hate-crimes based on sexual orientation. In their committee 
views, the Majority states, ``Current national programs 
authority to create a sample curriculum regarding hate crime 
prevention has been abused. A publication created by the 
Department of Education, Healing the Hate, which targets middle 
school age students, teaches that certain Christian beliefs are 
intolerant.'' Correspondence, dated April 9, 1999, sent to the 
former Administrator of the Office of Juvenile Justice and 
Delinquency Prevention from members of the Majority further 
expands on their views:

    29. Do any of the programs funded under violence/hate 
crimes prevention involve family counseling or other attempts 
to deal with attitudes children may learn from their parents 
that could make them more likely to commit hate crimes?

           *       *       *       *       *       *       *

    32. Is there any requirement that parents be notified when 
information about the homosexual lifestyle is taught at school 
with the use of OJJDP funds?
    33. How is hate speech defined for purposes of OJJDP 
programs?
    34. If minor or adult speaks about the morality of 
homosexuality, is this considered intolerant? Is it considered 
a hate crime?
    35. If person says homosexual behavior is an abomination, 
is that hate speech?
    36. If person or a parent says homosexuals cannot inherit 
the kingdom of God, is that hate speech?
    Is it a belief or attitude that could lead to the 
commission of hate crimes as far as OJJDP programs are 
concerned?
    39. Are there any requirements prohibiting OJJDP funded 
materials, training, and documents from stereotyping or 
denigrating individuals or families who hold Judeo--Christian 
or other religious beliefs?
    40. What is the legal and/or statutory authority for DOJ 
including sexual orientation as a class identifier which 
affords individuals heightened legal protection as part of 
official DOJ documents and publications?

    The Majority's claim that hate crime prevention programs 
are anti-Christian should serve as an example of the 
intolerance these programs seek to abate. This is further 
evidenced by the Provision in Section 4143 of Title II of H.R. 
4141 which prohibits uses of funds for ``activities or programs 
that discriminate against or denigrate the religious or moral 
beliefs of students who participate in such activities or 
programs.'' This language is clearly impractical in its 
administration. Moreover, it would prevent Safe and Drug Free 
School hate crime prevention programs from teaching, for 
example, that the tenets of the Church of the Creator which 
condone white supremacy, are wrong. Unfortunately, in their 
zeal to counter the alleged anti-Christian message in hate 
crime prevention program, the language offered by the Majority 
would endorse the practices of organizations who teach or 
encourage prejudice and intolerance that lead to hate crimes.

                                                       Bobby Scott.
                                ------                                

                    Congressional Research Service,
                                       Library of Congress,
                                 Washington, DC, February 15, 2000.

                               Memorandum

To: Honorable Robert C. Scott, Attention: Theresa Thompson.
From: David M. Ackerman, Legislative Attorney, American Law Division.
Subject: Questions Concerning Possible Charitable Choice Amendment to 
        the Even Start Program.

    This is in response to your request for a brief analysis of 
the possible legal implications of the employment 
discrimination provision of a charitable choice amendment that 
may be proposed to the Even Start program and for information 
on the constitutional standards governing direct public 
assistance to religious organizations. This memorandum responds 
to these inquiries in order.

                       employment discrimination

    The text of the charitable choice amendment has not been 
made available to us. But previous charitable choice proposals 
have included one or both of the following provisions regarding 
employment discrimination:

          (1) Title VII Exemption.--The exemption of a 
        religious organization provided under section 702(a) of 
        the civil Rights Act of 1964 (42 U.S.C. 2000e-1) 
        regarding employment practices shall not be affected by 
        the religious organization's provision of services 
        under, or receipt of funds from, [name of program].
          (2) Tenets and Teachings.--A religious organization 
        that provides services under [name of program] may 
        require that its employees providing services under 
        such program adhere to the religious tenets and 
        teachings of such organization, and such organization 
        may require that those employees adhere to rules 
        forbidding the use of drugs or alcohol.

Time limitations prevent a thorough analysis of these 
provisions, but several observations might be made.
    First, with the exception of the part concerning the use of 
drugs and alcohol in the second provision, it appears doubtful 
that there is any significant difference in the scope of the 
two provisions. Both provisions appear to allow religious 
organizations receiving funds under the pertinent program to 
discriminate on religious grounds in their employment 
practices. Title VII of the Civil Rights Act of 1964 generally 
prohibits public and private employers from discriminating in 
their employment practices on the bases of race, color, 
religion, sex, or national origin. But Sec. 702(a) of that 
statute exempts religious organizations from the ban on 
religious discrimination, as follows:

          Section 702(a): This subchapter shall not apply to * 
        * * a religious corporation, association, educational 
        institution, or society with respect to the employment 
        of individuals of a particular religion to perform work 
        connected with the carrying on by such corporation, 
        association, educational institution, or society of its 
        activities.

That exemption, it might be noted, applies not only to the 
religious activities of a religious organization but also to 
its secular activities.\1\
---------------------------------------------------------------------------
    \1\ Corporation of the Presiding Bishop of the Church of Jesus 
Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987).
---------------------------------------------------------------------------
    Title VII, of course, applies without regard to whether an 
organization receives public funds. The provision in the first 
charitable choice amendment noted above, thus, would extend the 
Title VII exemption for religious organizations to situations 
in which the organizations receive public funds under the 
pertinent program and allow them to discriminate on religious 
grounds in their employment practices to the same extent as is 
currently allowed by Title VII.
    The language in the second provision allowing a religious 
organization that receives funds under the pertinent program to 
require its employees ``to adhere to the religious tenets and 
teachings of such organization'' appears congruent with the 
Title VII exemption. Under both provisions a religious 
organization can restrict its hiring not only to members of its 
own faith but to those who abide by its precepts and otherwise 
give preference to such persons in their other employment 
practices.
    Second, the scope of each exemption appears to be quite 
broad. The Title VII exemption, for instance, has been held to 
protect employment discrimination by religious organizations in 
a variety of circumstances:
           the Church of Jesus Christ of Latter-Day 
        Saints when it fired several employees because they 
        failed to qualify for a ``temple recommend,'' i.e., a 
        certificate that they were Mormons who abided by the 
        Church's standards in such matters as regular church 
        attendance, tithing, and abstinence from coffee, tea, 
        alcohol, and tobacco (Corporation of the Presiding 
        Bishop of the Church of Jesus Christ of Latter Day 
        Saints v. Amos, 483 U.S. 327 (1987));
           a Christian school that fired a teacher for 
        having an affair with the father of three children at 
        the school and breaking up his marriage (Gosche v. 
        Calvert High School, 997 F.Supp. 867 (N.D. Ohio 1998), 
        aff'd mem, 181 F.3d 101 (6th Cir. 1999));
           a Baptist university that barred a professor 
        from teaching at its divinity school because his 
        theological views differed from those of the dean 
        (Killinger v. Samford University), 113 F.3d 196 (11th 
        Cir. 1997));
           number of Christian schools that fired 
        female teachers for having extramarital sex or 
        committing adultery (Boyd v. Harding Academy of 
        Memphis, Inc., 88 F.3d 410 (6th Cir. 1996) and Dolter 
        v. Wahlert High School, 483 F.Supp 266 (N.D. Iowa 
        1980);
           a Christian college that refused to hire a 
        Jewish professor (Siegel v. Truett-McConnell College, 
        Inc., 13 F.Supp.2d 1335 (N.D. Ga. 1994), aff'd mem., 73 
        F.3d 1108 (11th Cir. 1995));
           a Catholic school for firing a teacher who 
        remarried without seeking an annulment of her first 
        marriage in accord with Catholic doctrine (Little v. 
        Wuerl, 929 F.2d 944 (3d Cir. 1991));
           a Catholic university that refused to hire a 
        female professor because her views on abortion were not 
        in accord with Catholic teaching (Maguire v. Marquette 
        University, 814 F.2d 1213 (7th Cir. 1987));
           a Baptist nursing school that fired a 
        student services specialist after she was ordained a 
        minister in a gay and lesbian church that advocated 
        views on homosexuality ``which were inconsistent with 
        the [school's] perception of its purpose and mission'' 
        (Hall v. Baptist Memorial Health Care Corporation, 27 
        F.Supp.2d 1029, 1038-39 (W.D. Tenn. 1998));
           a Presbyterian college for dismissing a 
        Catholic professor (Wirth v. College of the Ozarks, 26 
        F.Supp.2d 1185 (W.D. Mo. 1998));
           a Christian retirement home that fired a 
        Muslim receptionist after she insisted on wearing a 
        head covering as required by her faith (EEOC v. 
        Presbyterian Ministries, Inc., 788 F.Supp. 1154 (W.D. 
        Wash. 1992));
           the Christian Science Monitor when it 
        refused to hire a non-Christian Scientist (Feldstein v. 
        Christian Science Monitor, 555 F.Supp. 974 (D. Mass. 
        1983)); and
           a Catholic school when it fired a teacher 
        for marrying a divorced man (Bishop Leonard Regional 
        Catholic School v. Unemployment Compensation Board of 
        Review, 140 Pa.Cmwlth. 428, 593 A.2d 28 (1991));
    Third, the language in the second provision allowing 
religious providers to ``require that * * * employees adhere to 
rules forbidding the use drugs or alcohol'' potentially has an 
application broader than the discrimination permitted by the 
Title VII provision. Rules forbidding the use of drugs and 
alcohol are an integral part of some religious faiths and in 
those cases would be legitimate grounds for discrimination 
under both the tenets and teachings language and the exemption 
based on Title VII. But not all faiths forbid the use of drugs 
or alcohol, and in some religions such use is even part of the 
rituals of the faith. For those faiths the discrimination 
authorized by the foregoing language would not duplicate either 
the tenets and teachings language or the exemption based on 
Title VII. Such organizations could discriminate not only on 
the basis of the religious character of their employees or 
applicants for employment but also on the basis of their use of 
drugs or alcohol. To that extent, then, the second employment 
discrimination provision is slightly broader than the first.
    Finally, under both provisions there may be some question 
about their interplay with other nondiscrimination provisions. 
Title VII, for instance, allows religious organizations to 
discriminate on religious grounds but not on grounds of race, 
color, sex, or national origin. What happens, then, when 
religious doctrine mandates discrimination that may also 
implicate the other prohibited bases for discrimination? A 
number of cases, for example, have involved the legality of 
Christian schools firing unmarried female teachers after they 
became pregnant. At least two courts have said that the Title 
VII exemption would allow the schools to dismiss a female 
teacher for adultery under these circumstances but that a 
dismissal simply for pregnancy would raise a possibility of 
prohibited sex discrimination.\2\ Similarly, Title VII's ban on 
sex discrimination was held to apply to a Christian school's 
policy of extending health insurance benefits to men and single 
persons that were not available to married women in its employ, 
notwithstanding the school's contention that its religious 
beliefs regarded husbands as the head of the household in any 
marriage and as the primary provider for that household.\3\
---------------------------------------------------------------------------
    \2\ See Vigars v. Valley Christian Center of Dublin, California, 
805 F. Supp. 802 (N.D. Cal. 1992) and Ganzy v. Allen Christian School, 
995 F.Supp. 340 (E.D. N.Y. 1998).
    \3\ EEOC v. Fremont Christian School, 781 F.2d 1362 (9th Cir. 
1986).
---------------------------------------------------------------------------
    Although there does not appear to be any dispositive case 
law, some question may also exist if an organization whose 
religious tenets mandate racial separation or differential 
treatment on the basis of race discriminates on racial grounds 
in its employment practices. One case involving a charge of 
racial discrimination by a religious institution violative of 
Title VII, at least, held that ``if a religious institution * * 
* presents convincing evidence that the challenged employment 
practice resulted from discrimination on the basis of religion, 
Sec. 702 deprives the EEOC of jurisdiction to investigate 
further to determine whether the religious discrimination was a 
pretext for some other form of discrimination.'' \4\ In the 
context of a program that receives public funds, of course, 
racial discrimination is constitutionally dubious even if it is 
motivated by religious belief.\5\
---------------------------------------------------------------------------
    \4\ EEOC v. Mississippi College, 626 F.2d 477 (1980), cert denied, 
453 U.S. 912 (1981).
    \5\ Cf. Bob Jones University v. United States, 461 U.S. 574 (1983) 
(holding in part that the federal government has an interest in 
eliminating racial segregation sufficiently compelling to override the 
university's claim that its policies of racial discrimination are 
protected by the free exercise of religion clause).
---------------------------------------------------------------------------
    Similar questions would seem to be raised by either of the 
employment discrimination provisions.

      constitutional standards governing public aid to religious 
                             organizations

    With respect to public aid provided directly to a religious 
organization if the form of a grant or contract, a basic tenet 
of the Supreme Court's interpretation of the establishment of 
religion clause of the First Amendment \6\ is that the clause 
``absolutely prohibit[s] government-financed or government-
sponsored indoctrination into the beliefs of a particular 
religious faith.'' \7\ Thus, the Court has held that such 
public assistance must be limited to aid that is ``secular, 
neutral, and nonideological. * * * '' \8\ That is, under the 
establishment clause government can provide direct support to 
secular programs and services sponsored or provided by 
religious entities but it cannot directly subsidize such 
organizations' religious activities or proselytizing.\9\ Direct 
assistance must be limited to secular use.
---------------------------------------------------------------------------
    \6\ The clause provides in pertinent part that `'Congress shall 
make no law respecting an establishment of religion * * *.''
    \7\ Grand Rapids School District v. Ball, 473 U.S. 373, 385 (1985).
    \8\ Committee for Public Education v. Nyquist, 413 U.S. 756, 780 
(1973).
    \9\ In most of the cases involving aid to religious institutions, 
the Court has used what is known as the Lemon test to determine whether 
a particular aid program violates the establishment clause: ``First, 
the statute must have a secular legislative purpose; second, its 
principal or primary effect must be one that neither advances nor 
inhibits religion * * *; finally, the statute must not foster ``an 
excessive entanglement with religion.'' Lemon v. Kurtzman, 403 U.S. 
602, 612-13 (1971).
    The secular purpose prong of this test has rarely posed an obstacle 
to public aid programs benefiting sectarian entities, but the primary 
effect and entanglement prongs have operated, in Chief Justice 
Rehnquist's term, as a `'Catch-22'' for such programs. That is, under 
the primary effect test a direct aid program benefiting religious 
organizations but not limited to secular use has generally been held 
unconstitutional because the aid can be used for the organizations' 
religious activities and proselytizing. But if a program is limited to 
secular use, it has often still foundered on the entanglement test 
because the government's monitoring of the secular use restriction has 
intruded it too much into the affairs of the religious organizations. 
See Lemon v. Kurtzman, supra. The Court has for some time been sharply 
divided on the utility and applicability of the tripartite test and 
particularly of the entanglement prong. Nonetheless, the Court still 
uses the Lemon test, although it is no longer the exclusive test for 
establishment clause cases. Moreover, in Agostini v. Felton, 521 U.S. 
203 (1997) the Court eliminated excessive entanglement as a separate 
element of the tripartite Lemon test and held it to be part of the 
inquiry into primary effect. As reformulated, the entanglement inquiry 
now asks whether government monitoring of a program would have the 
effect of inhibiting religion.
---------------------------------------------------------------------------
    Thus, religious organizations are not automatically 
disqualified from participating in publicly funded programs, 
and numerous religious organizations do so. But they must carry 
out the programs in a secular manner. That means that for 
purposes of direct public aid a religious organization's 
secular functions and activities must be able to be separated 
from its religious functions and activities. If they are 
separable, government can directly subsidize those functions. 
However, if the entity is so permeated by a religious purpose 
and character that its secular functions and religious 
functions are ``inextricably intertwined,'' i.e., if the entity 
is ``pervasively sectarian,'' the Court has held the 
establishment clause generally to forbid direct public 
assistance.\10\
---------------------------------------------------------------------------
    \10\ Commitee for Public Education v. Nyquist, supra; Lemon v. 
Kurtzman, supra; Bowen v. Kendrick, supra.
---------------------------------------------------------------------------
    The Court has not articulated precise rules for determining 
what makes a religious organization ``pervasively sectarian.'' 
It has looked at such factors as the proximity of the 
organization in question to a sponsoring church; the presence 
of religious symbols and paintings on the premises; formal 
church or denominational control over the organization; whether 
a religious criterion is applied in the hiring of employees or 
in the selection of trustees or, in the case of a school, to 
the admission of students; statements in the organization's 
charter or other publications that its purpose is the 
propagation and promotion of religious faith; whether the 
organization engages in religious services or other religious 
activities; its devotion, in the case of schools, to academic 
freedom; etc.\11\ But the Court has also made clear that ``it 
is not enough to show that the recipient of a * * * grant is 
affiliated with a religious institution or that it is 
`religiously inspired.' '' \12\ Indeed, none of these factors, 
by itself, has been held sufficient to make an institution 
pervasively sectarian and therefore ineligible for direct 
aid.\13\ Such a finding has always rested on a combination of 
factors.
---------------------------------------------------------------------------
    \11\ See, e.g., Bradfield v. Roberts, 175 U.S. 291 (1899); Lemon v. 
Kurtzman, supra; Tilton v. Richardson, 403 U.S. 672 (1971); Committee 
for Public Education v. Nyquist, supra; Meek v. Pittenger, 421 U.S. 349 
(1975); Roemer v. Maryland Board of Public Works, 426 U.S. 736 (1976); 
and Bown v. Kendrick, 487 U.S. 589 (1988).
    \12\ Bowen v. Kendrick, supra, at 621.
    \13\ For helpful lower federal court discussions of the criteria 
bearing on whether an institution is pervasively sectarian or not, see 
Minnesota Federation of Teachers v. Nelson, 740 F.Supp. 694 (D. Minn. 
1990) and Columbia Union College v. Clark, 159 F.3d 151 (4th Cir. 
1998), cert. denied, 119 S.Ct. 2357 (1999).
---------------------------------------------------------------------------
    As a practical matter the Court has generally found 
religious elementary and secondary schools to be pervasively 
sectarian. In contrast, it has generally held religiously 
affiliated hospitals, social welfare agencies, and colleges not 
to be pervasively sectarian. But in its most recent decision 
involving public aid to religious social welfare agencies, the 
Court held open the possibility that some agencies might be 
pervasively sectarian.\14\
---------------------------------------------------------------------------
    \14\ Id.
---------------------------------------------------------------------------
    Thus, the secular use limitation on direct public aid under 
the establishment clause has two dimensions. The aid cannot be 
used for religious purposes, nor can it flow to institutions 
that are pervasively sectarian. As the Court summarized in Hunt 
v. McNair: \15\
---------------------------------------------------------------------------
    \15\ 413 U.S. 734, 743 (1973).

         Aid normally may be thought to have a primary effect 
        of advancing religion when it flows to an institution 
        in which religion is so pervasive that a substantial 
        portion of its functions are subsumed in the religious 
        mission or when it funds a specifically religious 
---------------------------------------------------------------------------
        activity in an otherwise substantially secular setting.

    I hope the foregoing is responsive to your request. If we 
may be of additional assistance, please call on us.

                             MINORITY VIEWS

                              introduction

    H.R. 4141 is a highly partisan piece of legislation, 
designed to please the most extreme elements of the Majority 
party. Rather than working to pass legislation to enhance 
public education, it is clear that the Majority has decided to 
play politics with American's school children. The Majority 
refused to include any Democratic members while drafting H.R. 
4141, despite our repeated requests to work in a bipartisan 
manner. During consideration of the bill, the Majority defeated 
52 of 54 of our amendments voted on, further confirming that 
they're not serious about passing a bipartisan education bill.
    H.R. 4141 ignores virtually every education priority 
supported by the public, including reducing class sizes, 
modernizing our public schools, improving teacher quality, 
improving technology in the classroom, and protecting our 
children from violence in the classroom. The Clinton Class Size 
Program, which will shortly begin its second year of funding, 
is helping thousands of communities reduce class sizes, 
especially in the early grades. H.R. 4141 repeals the class 
size program by creating a large block grant, that pits one 
program against another, without any accountability.
    In addition to undermining effective programs that help 
reduce class sizes in the early grades. H.R. 4141 torpedoes 
critical after-school and summer extended learning programs 
that boost test scores and reduce crime. It repeals efforts to 
keep drugs out of the schools. It repeals programs that work to 
prevent hate crimes, and repeals the protections of civil 
rights laws that prohibit discrimination in hiring when federal 
funds are involved. The Republican bill also fails to address 
the growing digital divide in our classrooms, leaving millions 
of minority children and their teachers without access to 
computer technology.
    We will work to defeat this deeply flawed bill, and 
continue the fight for legislation that will address crumbling 
and overcrowded schools, reduce class sizes, invest in after-
school and summer programs, prevent school drug use and 
violence, close the digital divide, and recruit and retain 
highly qualified teachers.

 h.r. 4141 repeals critical after-school and summer extended learning 
                                programs

    H.R. 4141 eliminates the 21st Century Community Learning 
Centers program. Throughout our nation's communities, parents 
and teachers are advocating additional educational, social and 
recreational opportunities for our school children. Such calls 
come as neighborhoods try to reduce crime, enrich the lives of 
their citizens, and most importantly provide meaningful 
extended learning time opportunities for their children.
    The current 21st Century program has acted as a blueprint 
for many communities to meet these needs, especially in the 
area of extended learning time programs, before-and-after-
school, and on weekends. Programs are presently in place in 49 
States, the District of Columbia, and the U.S. Virgin Islands 
serving approximately 500,000 children and 250,000 adults.
    A recent hearing by the Committee provides an example of 
local opposition to the block granting of this program. On 
April 20, 2000, the Committee held a hearing in Lexington, 
Kentucky, to example the impact that Federal education programs 
have on academic achievement. The Minority was denied an 
opportunity to select a witness to provide testimony at this 
hearing. Even with this unbalanced panel, the witness invited 
by the Majority to speak on the 21st Century Community Learning 
Centers program, Ms. Patrice Jones, Community Education 
Coordinator, Jessamie County Schools, expressly opposed the 
block granting of the 21st Century program with the Safe and 
Drug Free Schools program. Ms. Jones said ``I am concerned that 
the program goals and legislative intent will be lost or 
diluted if the 21st CCLC program is combined with another 
program * * *'' \1\
---------------------------------------------------------------------------
    \1\ Hearing on ``Academic Achievement for All'', Committee on 
Education and the Workforce, April 20, 2000, Lexington, Kentucky. The 
proposal to block grant the 21st Century program is also opposed by a 
number of education groups, including the National PTA.
---------------------------------------------------------------------------
    The Clinton Administration adamantly opposes the repeal of 
the 21st Century Community Learning Centers program, a position 
expressed in a letter by Secretary Riley to Chairman Goodling 
on the bill:

          I strongly object to H.R. 4141's elimination of the 
        current after-school program by block-granting the 21st 
        Century Community Learning Centers Program with the 
        Safe and Drug-Free Schools State Grant Program. The 
        ESEA should, like current law, continue to provide a 
        dedicated funding stream for before-and after-school 
        programs that focus on providing extended learning 
        opportunities for children in a safe environment, as 
        well as providing additional services that address the 
        needs of the community at large. * * * The Congress 
        should expand this effective program, not eliminate 
        it.\2\
---------------------------------------------------------------------------
    \2\ April 5, 2000 letter to Chairman William F. Goodling from 
Secretary of Education, Richard Riley.

    The 21st Century Community Learning Centers was first 
enacted as a demonstration program in the 1994 reauthorization 
of ESEA with strong bipartisan support. It has experienced 
sizable increases in annual appropriations from $750,000 in 
fiscal year 1995, to $454 million in fiscal year 2000. In 
addition, President Clinton has proposed $1 billion for this 
program in fiscal year 2001. Despite these increases, 
applications to Department for assistance continue to outpace 
funding levels. In fiscal year 2000 alone, the Department of 
Education has received 2,100 requests for funding, yet only 
anticipates being able to fund 350 to 400 new grants--or less 
than 20%
    Further magnifying the demand for these services, a recent 
survey by the Charles Stewart Mott Foundation and JCPenny found 
that 92 percent of voters say there should be some type of 
organized activity or place for children and teens to go after-
school each day.\3\ Eighty-six percent of voters also said that 
after-school programs are a necessity.\4\ Agreement on the 
importance of after-school programs even crosses partisan line 
with 94 percent of Democrats, 93 percent of Independents, and 
89 percent of Republicans supporting organized after-school 
activities.\5\
---------------------------------------------------------------------------
    \3\ 1999 Mott Foundation/JCPenny Nationwide Survey on After-School 
Programs.
    \4\ Ibid.
    \5\ Ibid.
---------------------------------------------------------------------------
    Representatives McCarthy and Kildee offered an amendment 
during committee markup to maintain and enhance this vital 
program. This amendment would build upon the existing 21st 
Century Community Learning Centers program by maintaining its 
separate identity, strengthening the program's focus on quality 
after-school programs that used qualified staff and research-
based approaches to teaching and learning, and demanding 
measurable outcomes for families and children. Unfortunately, 
the amendment was defeated by a 21 to 25 vote.
    The repeal of the 21st Century Community Learning Centers 
ignores the pressing need for these programs and would destroy 
a program that has overwhelming support among parents, teachers 
and community leaders. We believe that this block grant 
approach of combining this program with others will rob the 
program of its focus, accountability, and future funding.

        The New Republican Spin on Block Grants--Transferability

    H.R. 4141 contains an open-ended ``transferability'' 
authority, which in practice would operate like other 
Republican proposals to block grant federal funds to the 
states. Programs to which ``transferability'' is applicable 
include:
           Class Size Reduction
           Comprehensive School Reform
           Eisenhower Professional Development (Title 
        II of ESEA)
           Technology programs (Title III of ESEA)
           Safe and Drug Free Schools (Title IV of ESEA 
        and 21st Century Community Learning Centers--the 
        Republican bill assumes a block granting of SDFS and 
        21st Century making both funding streams available.)
           Innovative Educational Strategies program 
        (Title VI of ESEA)
           Emergency Immigrant Education (Title 7, Part 
        C of ESEA)
    Ostensibly, this provision would allow school districts 
more flexibility by allowing them to transfer up to 35 percent 
of funds appropriated by Congress for one purpose, for an 
entirely different purpose. In practice, this provision would 
grant Governors unprecedented new authority to control and 
direct billions in federal funds, with little accountability or 
oversight. Nothing in H.R. 4141 prevents states from dictating 
to local school districts how federal funds should be allocated 
among the different use of funds. In fact, the legislation 
expressly gives states final authority on all local transfers 
above 35%.
    The bill establishes a sham ``state approval'' process for 
transferability. State approval is not required to be 
documented in writing and there is no meaningful criteria upon 
which a State would judge whether to approve a transfer of 
funds. School districts are not even required to provide a 
rationale for their desire to transfer funds.
    The lack of focus and accountability of this open-ended 
block grant would destabilize programs and make it impossible 
to evaluate their effectiveness. In addition, transferability 
would leave Federal funds for children with special needs at 
risk; parents of such students frequently lack local political 
clout to convince local leaders to fund their needs. We should 
ensure federal funds go to those most in need, and avoid 
strategies that simply pit one group of parents against 
another.
    The Clinton Administration expressed strong opposition to 
transferability in the letter Secretary Riley sent to Chairman 
Goodling on the bill:

          I strongly object to the bill's inclusion of proposed 
        section 14206 of ESEA, which embodies the block-grant 
        approach to Federal education programs that the 
        President and I have repeatedly opposed * * *. I find 
        the lack of accountability for results and the 
        disregard for national priorities under the 
        transferability provisions particularly disturbing. 
        States and districts would have free rein to shift 
        funds between programs that serve important national 
        goals, without any attention to whether such 
        reprogramming would be in the interest of students of 
        schools affected. It is unconscionable to allow a 
        school district to gut the programs that strengthen 
        teacher quality, reduce class size, increase access to 
        technology, and ensure that schools are safe and drug-
        free, in favor of unfocused block grants * * * this 
        proposal goes will beyond what is appropriate or 
        acceptable, by providing unchecked flexibility in 
        return for no accountability.\6\
---------------------------------------------------------------------------
    \6\ April 5, 2000 letter to Chairman William F. Goodling from 
Secretary of Education, Richard Riley.

    Our concerns on this issue are further reinforced by 30 
education organizations who signed a letter in opposition to 
---------------------------------------------------------------------------
transferability. In this letter, they said:

        * * * we believe transferability lacks any real 
        accountability for use of funds, fails to ensure that 
        funds will be used to improve student achievement for 
        all students, dilutes targeting of funds to schools 
        with the greatest needs, undermines critical teacher 
        quality standards, fails to require any input from 
        parents, teachers, and the public, and undermines the 
        federal role in setting national priorities. We urge 
        you to drop this unnecessary and harmful provision from 
        the bill.\7\
---------------------------------------------------------------------------
    \7\ April 4, 2000 letter from 30 education organizations to 
Education and the Workforce Committee Members (see attached).

    At a time when schools are struggling to recruit and retain 
high quality teachers, we should not allow funds to be drained 
out of critical teacher quality programs. At a time when we 
have a national school safety problem, we should not allow for 
the transfer of funds out of our school safety programs. At a 
time when the ``digital divide'' separates the technology 
have's from the technology have not's, we should not allow for 
the transfer of funds out of our technology programs. This 
proposal seeks to blur the lines between program authority, 
changing ESEA into one fungible pot of block granted Federal 
dollars, with no emphasis on educational quality and 
accountably.

   Failure to Address Much-Needed Modernization of Our Public Schools

    The Republican legislation completely ignores the 
overwhelming need to renovate and rebuild our nation's public 
schools. President Clinton, as a part of his State of the Union 
address in January 2000, proposed a supplemental school 
modernization proposal, in addition to the existing measures 
introduced by Representative Rangel (H.R. 1660), and 
Representatives Rangel and Johnson (H.R. 4904). While H.R. 1660 
and H.R. 4904 provide a tax-based approach to school 
construction, Representative William L. Clay's Public School 
Repair and Renovation Act of 2000 (H.R. 3705), authorizes $1.3 
billion in loans and grants to schools. It is designed to 
leverage up to $7 billion in funding for 8,300 emergency school 
renovation and repair projects.
    In 1995, the GAO found that were $112 billion in unmet 
school construction needs. A recent survey by the National 
Education Association, report over $300 billion in unmet 
renovation needs.\8\ Clearly, this is a national problem that 
will greatly impact upon our nation as a whole. Students can 
not reach their potential in overcrowded, unsafe, or crumbling 
schools.
---------------------------------------------------------------------------
    \8\ ``Modernizing Our Schools: What Will It Cost''? May 3, 2000.
---------------------------------------------------------------------------
    To address this important issue, Ranking Member Clay 
offered an amendment identical to H.R. 3705, which is based 
upon the President's $1.3 billion emergency school renovation 
proposal. Unfortunately, Republican Members voted against this 
proposal by a 19 to 23 vote.

 Exacerbation of the Digital Divide and Ignoring the Educational Needs 
                                of Girls

    H.R. 4141 undermines efforts to close the ``digital 
divide.'' The Republican ``Tech for Success'' proposal block 
grants nearly all technology programs, reduces targeting of 
technology resources to needy areas, places a mandate on local 
school districts regarding Internet filtering, and ignores the 
need to provide girls with access to high-tech educational and 
employment opportunities.
    First H.R. 4141 block grants nearly all technology programs 
authorized under Title III of ESEA into one loosely defined and 
unfocused fungible technology program. In addition, the bill 
eliminates all authority for a State Educational Agency to 
operate these programs, ensuring that the Governor of a State 
will have complete control over educational technology funding.
    Instead of infusing accountability for results and 
identifying important separate needs, such as preservice 
teacher technology preparation and innovative national 
technology initiatives, the Republican proposal abandons any 
effort to ensure technology programs integrate technology into 
the curriculum of schools. Our nation's teachers should have 
the knowledge and training to properly and successfully use 
technology in the classroom.
    The Republican proposal also exacerbates the ``digital 
divide'' by reducing the targeting of Federal technology funds 
to disadvantaged areas. Rather than targeting limited 
technology dollars to State and school districts with pressing 
needs, the bill reduces the focus on poverty in the State 
formula. The bill's definition of ``high-need local educational 
agency'' would allow practically any school district to be 
eligible for funding. Under the legislation a ``high need local 
educational agency'' is defined as a school district which must 
meet only one of four different characteristics, such as high 
poverty or limited access to advanced telecommunications 
services. At a time when computer hardware and software 
acquisition, coupled with access to the Internet, teacher 
knowledge and training in technology, continue to separate and 
divide some school districts from the technology revolution 
which has defined our county, the Republican proposal 
inexcusably worsens this growing problem.
    H.R. 4141 also ignores existing successful local efforts to 
keep children safe during their Internet usage by instituting a 
new and confusing Federal mandate for filtering and blocking 
software. All of us are concerned about children, especially 
young children, accessing harmful material on the Internet. 
However, we also recognize that schools, principals, and 
teachers have been dealing with the issue of access to 
objectionable content since the Internet became widely 
accessible--many years before Congress' attempt to pass 
legislation on this issue. Since this time, schools have 
developed various local use policies that are designed to 
prevent children from accessing harmful Internet-based material 
based on local needs with local input.
    Unfortunately, the Republican proposal would require school 
districts to adopt costly and ineffective filtering and 
blocking technology, or lose the ability to purchase computers 
or pay the costs of Internet access the Federal Title III 
funds. While some schools utilize filtering and blocking 
software and techniques, these methods are far from infallible 
and often can be overcome by the very children they are 
designed to protect. Also, Internet sites without any 
objectionable material can be blocked merely for mentioning a 
word or phrase that may identify harmful material, preventing 
access to important research tools. Lastly, and most 
importantly for our schools, filtering or blocking technology 
can often be costly and place a significant strain on a 
school's technology budget.
    We should not bust school budgets by requiring them to 
implement what may or may not be effective means of protecting 
our children from harmful materials on the Internet. Instead, 
we should be assisting our schools to implement reasonable 
policies based on local needs that effectively protect our 
children while sustaining their ability to use the Internet for 
educational and enriching experiences.
    Representatives Kind, Fattah, Owens, Hinojosa, and Wu 
offered various amendments to correct the deficiencies in the 
technology title. Representative Kind offered an amendment to 
reauthorize the Technology Literacy Challenge Fund, the largest 
technology-only program currently in ESEA. Representative 
Fattah offered an amendment to authorize a program to 
restructure teacher-training programs to include a technology 
focus. This proposal was similar to the Preparing Tomorrow's 
Teachers to use Technology Program initiative that was included 
in the Administration's ESEA reauthorization proposal. 
Representative Owens offered an amendment to increase the 
technology resources of school libraries. Representative 
Hinojosa offered an amendment to statutorily authorize the 
existing Community Technology Centers, a program which provides 
technology access and resources to disadvantaged communities. 
Representative Wu offered an amendment to authorize the Next 
Generation Innovation Grants, a national technology grant 
program designed to develop innovative educational applications 
of technology. The Next Generation program replaces and builds 
upon the success of both the Star Schools and Technology 
Innovation Challenge Grants in current law by focusing 
assistance to partnerships of high-need school districts and 
institutions of higher education to better integrate technology 
into the curriculum and everyday instructional practices of 
teachers. These amendments were defeated on party line votes.
    Lastly, the Republican proposal ignores another pressing 
need in our country--the access and exposure of girls to 
education and career oppotunties in the fields of technology, 
mathematics, science and engineering. The facts surrounding 
this situation speak for themselves. Women compromise slightly 
over 50 percent of America's population, but earn only 37 
percent of math degrees, only 8 percent of doctorates in 
physics, and only 7 percent of degrees awarded in the field of 
engineering. Also, only 2 percent of female students report 
they have taken a computer application course. Clearly, we are 
not doing the best we can to expose our girls to high-tech 
opportunities.
    Unfortunately, the Republican bill ignores this issue. 
Representative Woolsey offered an amendment to address this 
issue during Committee markup. The amendment was modeled after 
Ms. Woolsey's bill, H.R. 2387, which has bipartisan 
cosponsorship, and the support of high-tech, Fortune 500 
companies such as Apple Computer, Compaq, Hewlett-Packard, 
Intel, Microsoft, and Motorola. In a letter to Ranking Member 
Clay, these corporations said:

        * * * we are writing to express our strong support for 
        H.R. 2387 * * * We support proposals that encourage 
        young girls to be exposed to role models and develop an 
        interest and self-confidence in mathematics and science 
        as numerous empirical studies have suggested that girls 
        tend to develop negative attitudes towards the ``hard 
        sciences'' in middle school.\9\
---------------------------------------------------------------------------
    \9\ September 24, 1999 letter from High-tech firms to Ranking 
Member William L. Clay.

    Similar to H.R. 2387, the amendment would establish the 
``Getting Our Girls Ready for the 21st Century Act (Go-Girl).'' 
This program would assist school districts and schools in 
exposing girls to educational and employment opportunities in 
the fields of mathematics, science, technology, and 
engineering. Majority Committee Members rejected a bipartisan 
solution to this shortcoming by defeating an amendment by a 21 
to 22 vote.

           Harming Efforts to Make Schools Safe and Drug-Free

    The Republican bill would also severely damage efforts by 
schools, teachers and parents to keep their schools and 
communities safe and drug-free. Republicans, in their efforts 
to reauthorize the Safe and Drug-Free Schools Program, have 
reduced funding to school districts with the highest need for 
drug and violence prevention funding and maintained ineffective 
funding levels; giving the Governor greater control over school 
safety programs rather than focusing on proven, research-based 
solutions; and focused more on punishment rather than 
prevention of drug abuse and school violence.
    Presently, funding provided through the Safe and Drug-Free 
Schools Program is allocated to school districts based on two 
formulas. First, 70 percent of funds reserved for school 
districts under the program are allocated based on the number 
of students enrolled in each school district. Second, 30 
percent of funds reserved for school districts under the 
program are allocated on an incidence of ``high-need'' and may 
only be allocated among 10 percent or 5 school districts in a 
State, whichever is greater. The statute lists several 
categories of high-need, such as high poverty, large numbers of 
suspensions and expulsions, and significant school violence. 
States select an indicator of high-need upon which to target 
funding. While the portion of the 70 percent allocation that 
each school district receives provides a base amount for each 
school district, those school districts which receive funding 
under the 30 percent allocation ensure that, overall, program 
funds are targeted based on need. Unfortunately, the Republican 
bill repeals the 30 percent allocation under current law and 
distributes all funding based on student enrollment--
drastically reducing the funding to those school districts 
which need it the most.
    Coupled with the requirement in current law to target 
funding to needy school districts is the lack of any minimum 
grant requirements. There has been much criticism that the 
small amount which some school districts receive under the Safe 
and Drug-Free Schools Program, some as little as $6 to $8 per 
year, is not enough to successfully operate a quality, results-
oriented school safety program. While the Democratic Amendment 
in Nature of a Substitute offered by Representative Kildee 
required school districts to meet a $5,000 minimum grant to 
receive funding under this program, or form a consortium, the 
Republican legislation does not address this important issue, 
leaving many school districts to continue to receive 
ineffective amounts of resources. This results in low-quality, 
poor performing programs that do not produce the results our 
schools and communities need.
    As with the Technology portion of this legislation, the 
Republican bill eliminates the requirement for the State 
Educational Agency to administer the program funds not reserved 
for the Governor. Under current law, a Governor receives 20 
percent of a State's allocation, while a State Educational 
Agency and its school districts receive the remaining 80 
percent. This legislation eliminates all references to ``State 
Educational Agency'' and assumes complete control of this 
funding by the Governors--individuals who do not have the 
educational expertise or knowledge to properly administer 
programs combating drug use and violence in our schools. This 
is yet another example of the startling lack of concern that 
the Republican bill displays for accountability and results for 
this important program.
    The Republican bill focuses strongly on punishment of 
children, rather than preventing harmful situations and abuse 
before it happens. Study after study confirms what most 
educators have known for a long time--resources should be 
targeted on prevention of violence and drug abuse, not efforts 
after such incidences have occurred. It takes far less 
resources to prevent children from engaging in harmful behavior 
or acting violently than to deal with the aftermath of a 
serious situation. The Republican bill fails in this area.
    Several amendments were offered by Democratic Members to 
address these issues and others related to school safety. 
Representative Andrews offered an amendment which was approved, 
to ban cigarette vending machines from school buildings, school 
grounds, or at school-sponsored events. Representative Mink 
offered amendments that would establish a program to train and 
hire 100,000 school counselors and reinstate and enhance the 
provisions in the Safe and Drug-Free Schools Program dealing 
with sexual harassment. Representative Tierney offered an 
amendment that would create a program encouraging the use of 
research based programs under the Safe and Drug-Free Schools 
Program. With the exception of the Andrews Amendment, which was 
approved unanimously by the Committee, these amendments were 
defeated on party-line votes.

                            Student Privacy

    Representative Miller successfully offered an important 
amendment that will enhance and protect the privacy of 
information on children from commercial use and exploitation. 
Specifically, this amendment, which was approved by the 
Committee on a 26-20 vote, would require that parents give 
their written consent before schools allow companies into 
classrooms to collect information on their children, 
essentially putting research done for commercial purposes on 
par with that done for academic purposes. This will help 
safeguard student privacy and protect the parent-child 
relationship.
    The amendment, supported by a broad spectrum of groups 
including the National PTA, Consumers Union and Eagle Forum, 
was offered in response to a rising number of commercial 
contracts with public schools which involved divulging 
information about students. For example, companies have used 
students to taste breakfast cereals and answer a survey about 
the products, and fill out a personal journal on what 
television shows they watch. Another company provides schools 
with free computers but then monitors students' web browsing 
habits, breaking the data down by age, sex and zip code. This 
company has the potential to break the data down by individual 
as well.
    The amendment is narrowly targeted and would not impact 
college recruiting, testing or other educational activities. It 
allows students to give out information necessary to buy, for 
example, books and magazines, so long as the information is not 
used to advertise, sell, or develop another product. The 
amendment does not seek to make a value judgement about 
commercial activities in schools and deny resources to the many 
schools that are strapped for cash. Rather, the goal of the 
amendment is to protect parents and students and encourage an 
informed decision regarding the costs and benefits of these 
arrangements.
    We are confident that there is broad public support for 
retaining the amendment and hope that no action is taken to 
undermine the majority position during House Floor 
consideration and Conference Committee action on this 
legislation.

 Elimination of Efforts to Reduce Hatred and Intolerance in our Schools

    H.R. 4141 repeals provisions of ESEA that help prevent hate 
crimes. Congress recognized the national importance of helping 
local schools deal with hate and bias crime in their 
communities when it reauthorized ESEA in 1994. This repeal 
demonstrates a shameful ignorance of race relations; \10\ and 
it aids and abets those who live to preach hatred and violence. 
During the markup, Congressman Robert Scott offered an 
amendment to restore current law authorizes the Department of 
Education to give grants to localities affected by hate crime 
to develop educational and training programs designed to reduce 
hate crimes in schools. Current law also provides professional 
training and development for teachers and administrators on the 
causes, effects and resolution of hate crimes. The Scott 
Amendment was defeated by a strict party line vote of 24 to 23.
---------------------------------------------------------------------------
    \10\ Following are just a few examples, gathered mostly from news 
reports of recent hate crimes perpetrated by-and mostly against--youth:
    October 31, 1999 Iverness, Florida.--After shouting anti gay 
epithets, a teenager allegedly drove into a group of young people 
dressed in drag on Halloween night, killing a 17-year-old female and 
injuring another person. The 17-year-old driver and his 16-year-old 
friend, drove past the cross-dressed group several times shouting 
``faggots'' at the boys in the group before steering the car into the 
group of teens. The perpetrators fled the scene but were apprehended 50 
miles north of the incident. On November 19, the teenager driver was 
indicted on six counts, including first degree murder.
    November 23, 1999, Elkhart, Indiana.--Two white teenagers were 
charged with murder in what prosecutors say was the racially motivated 
random shooting of a black teenager. One of the whites allegedly told 
friends that he hoped the killing would win a membership for him in the 
Aryan Brotherhood, a white supremacist prison gang, and the right to 
wear its spider-web tattoo. The tattoo symbolizes that a member has 
killed a person of a minority race had is considered by some skinheads 
to be a badge of honor.
---------------------------------------------------------------------------
    We find it appalling that the Majority would put hate crime 
prevention and tolerance on its hit list. It is a dishonor to 
the memories of the victims and families of hate crimes to 
repeal hate crime prevention programs.

            Rejection of Common-Sense Gun Safety Provisions

    Nearly one year after bloody Columbine,\11\ the most 
shocking example ever of schoolyard violence, the Republican 
Majority steadfastly refuses to enact meaningful gun 
legislation to protect school children. The Columbine event 
capped a 27-month cluster of random schoolyard shootings in 
which 32 children died and 82 were wounded. Moreover several 
days before the ESEA markup a 6 year old Michigan boy shot and 
killed his classmate.
---------------------------------------------------------------------------
    \11\ On April 20, 1999, two heavily armed teenagers walked into 
Columbine High School in Littleton, Colorado, and shot to death 12 
students and a teacher, wounded 23 others and killed themselves.
---------------------------------------------------------------------------
    We can no longer hide behind the rhetoric that schools are 
safe havens. It is true that gun-related violence in schools is 
statistically a rare event. However, a recent Department of 
Justice survey indicated that 12.7% of students age 12 to 19 
reported knowing a student who brought a firearm to school.
    Unlike the Republican Majority, we are willing to accept 
the challenge and protect our children against preventable gun-
related violence. The Republican leadership continues to block 
action on a juvenile crime bill.\12\ During the markup, 
Representatives McCarthy and Wu offered an amendment to 
eliminate the gun show loophole \13\ and require all new guns 
to be sold with child safety locks. The amendment offered 
parents, teachers and the administrators an additional 
opportunity to make our schools safer.
---------------------------------------------------------------------------
    \12\ During the 1st Session of the 106th Congress, the Senate 
passed the Violent and Repeat Juvenile Offender Accountability Act of 
1999 (S. 254). Proposals in the Senate bill would require background 
checks at gun shows; require handgun safety locks, and increase 
controls on assault weapons. The Senate amended the House-passed 
Juvenile Reform Act (H.R. 1501) with the text of S. 254. However, it 
remains an open question whether conferees will resume consideration of 
H.R. 1501 in the 2nd Session of the 106th Congress.
    \13\ Under current law, instant background checks are only required 
for firearm transfers made by federal firearm licensees. Non-licensed 
vendors, that is, private citizens who are not ``engaged in the 
business,'' are not required to initiate an instant background check. 
Consequently, persons prohibited from possessing a firearm could bypass 
the instant background check system by buying a firearm from a private 
citizen at a gun show.
---------------------------------------------------------------------------
    Unfortunately, Committee Republicans used a parliamentary 
maneuver to avoid a direct vote on the McCarthy amendment. It 
is not surprising that the Republican Majority would scuttle 
efforts to have a real debate on gun violence, not to mention 
real action. What is surprising, however, is that despite the 
escalating gun violence in our schools, and the strong show of 
public support, \14\ the Republican Majority has remained 
remarkably inactive on this issue. We continue to hope that the 
Republican Majority will negotiate with us sensible gun 
legislation that protects children in schools and communities.
---------------------------------------------------------------------------
    \14\ Public policy poll show that 70 percent of adults nationwide 
(57 percent among gun owners) favor stricter gun controls laws. Source: 
Taylor H. The Harris Poll, #25, May 1998.
---------------------------------------------------------------------------

   Rejection of Increased Funding for Research-based Literacy Program

    In furthering the bipartisan effort to eliminate illiteracy 
and ensure that every child can read by the end of 3rd grade. 
Representative Kildee offered an amendment to increase the 
authorization for the Reading Excellence Act of $5 billion over 
the next five years. Unfortunately, Committee Republicans 
defeated this amendment on a party-line vote.
    Several weeks ago, Republican Presidential Candidate George 
W. Bush proposed $5 billion dollars in funding for the Reading 
Excellence Act--the bipartisan program enacted into law last 
Congress which had its genesis in the America Reads legislation 
proposed by President Clinton. This adoption of a Democratic 
priority, and large additions in funding for a top flight 
reading program is a much welcome addition to Governor Bush's 
traditional Republican message of vouchers and block grants.
    Our efforts to enact the Reading Excellence Act started 
with President Clinton's America Reads Proposal in 1997. The 
introduction of this important initiative spurred this 
Committee to action. The result of nearly a year of debate and 
hard work by this Committee culminated with the enactment of 
the Reading Excellence Act as part of the FY 1999 
Appropriations legislation. This program has been warmly 
received throughout our nation and is a hallmark of Democratic 
priorities and Republican cooperation.
    While Governor Bush, when announcing this program, called 
his proposal a new initiative, we need to set the record 
straight. This Committee and this Congress have already enacted 
the proposal he describes through the Reading Excellence Act. 
In addition, his call for aggressive increases in funding is 
exactly what is needed to tackle the pressing problem of 
illiteracy in our nation. Surprisingly, every Republican Member 
of the Committee voted against this proposal, despite the 
support for this type of proposal from Republican Presidential 
candidate George W. Bush, ensuring the defeat of this 
amendment.

         H.R. 4141 Contains a Number of Divisive Social Issues

    Lastly, the bill contains a number of divisive social 
issues that do nothing to enhance student achievement or 
safety, also unnecessarily adds further political and policy 
complications by the addition of several provisions dealing 
with divisive social issues. First, the Republican bill would 
place the Department of Education in the middle of 
constitutional debates on permissible school prayer. Presently 
school districts that violate a court order dealing with school 
prayer lose their ESEA funds. The Republican bill would 
restructure this provision so that State Educational Agencies 
and school districts would receive no funds under ESEA if they 
have in place a policy that bars or effectively bars 
Constitutionally permissible school prayer. This modification 
would effectively make the Secretary of Education judge and 
jury on what is and what is not constitutionally allowable 
prayer in schools in determining whether a school district 
should lose ESEA funding. This is an extremely unwise position 
in which to place the Secretary of Education. Furthermore, this 
provision is likely to increase litigation and confusion 
surrounding the issue of school prayer.
    The bill also permits a school district or school to use up 
to 20 percent of its administrative funding provided under ESEA 
for the payment of attorney's fees and related legal services 
when a legal action is brought against a school district or 
school for violating the constitutional prohibition against the 
establishment of religion for permitting a student's religious 
expression or activities related to a religious memorial. This 
provision is a one-way street. You can use ESEA funding for 
attorney's fees when being sued for allowing religious 
expression, but not when you are being sued due to barring 
religious expression. Whether ESEA funds should be used for 
this purpose is a question which deserves further thought.

                           Additional Issues

    The Republican bill also repeals Title XI of ESEA, the 
Coordinated Services Program. This authority allows school 
districts or schools to consolidate up to 5 percent of the 
funding they receive under ESEA to operate comprehensive 
social, health, and educational programs for children and their 
families. Study after study continues to show that children who 
are malnourished, in poor health, having family problems, or 
other difficulties are not prepared to learn when they come to 
school. The Coordinated Services Program, while not widely 
utilized, has provided some school districts with the ability 
to provide these additional, and much needed, services to their 
children.
    Representatives Woolsey and Kind offered an amendment to 
address the repeal of Title XI during Committee markup. The 
amendment would build upon the existing Coordinated Services 
program in Title XI and allow public schools and their 
communities to either reserve a portion of ESEA funds or apply 
for a grant to operate Child opportunity Zone Family Centers or 
COZs. COZs would provide children and their families with the 
support, services and activities they need to improve their 
education, health, safety and economic well-being. 
Unfortunately, this amendment was defeated on a party-line 
vote.
    Additionally, the Republican bill is silent on the 
reauthorization of the Comprehensive Regional Assistance 
Centers in Title XIII of ESEA. These Centers, which were 
created in the 1994 reauthorization of ESEA, are designed to 
provide intensive technical assistance to school districts in 
the implementation of ESEA programs and efforts to improve 
academic achievement generally. The Centers are statutorily 
required to specifically target technical assistance and 
resources to disadvantaged school districts and those school 
districts which large numbers of at-risk children.
    Republican Members have claimed that the Committee will 
consider reauthorization of the Title XIII Centers (the 
Centers) and the Office of Educational Research and Improvement 
(OERI) later this Congress. Unfortunately, the 106th Congress 
has a very limited number of viable legislative days left this 
session. Our concern is that Congress does not address 
reauthorization of the Centers prior to adjournment. With 
increasing demands being placed on our schools to increase 
academic achievement, it is critical that we ensure that our 
technical assistance resources are on solid footing.
    To express our concern over the uncertain status of the 
Centers and the OERI reauthorization, Representative Kind 
offered an amendment to reauthorize the Centers and the 
Eisenhower Regional Mathematics and Science Education 
Consortia. Both of these programs are authorized and presently 
funded under Title XIII. After receiving repeated reassurance 
by Early Childhood, Youth and Families Subcommittee Chairman 
Castle that the Committee will consider reauthorization of the 
Centers in a separate OERI bill later this Congress, 
Representative Kind withdrew his amendment.
    Representative Hinojosa offered an amendment that would 
have increased coordination and coherence of existing dropout 
prevention activities by targeting minority and youths at risk 
for dropping out of school. Although it was offered and 
accepted in the Senate Health, Education, Labor and Pensions 
Committee, Republicans rejected it out-of-hand, reinforcing our 
belief that there is no true commitment on their part to 
strengthen minority programs.

       Democratic Substitute--Making New Investments in Education

    Since the Majority refused to negotiate in a bipartisan 
fashion on this legislation, we had no choice but to develop a 
complete amendment in nature of a substitute. Representative 
Kildee offered the amendment in a nature of a substitute which 
represents our collective view points on reauthorization of the 
programs covered by the Republican bill. The highlights of 
Democratic Substitute follows:

Helping communities repair and modernize unsafe schoolhouses

    Communities across the country are struggling to address 
critical needs to build new schools and renovate existing ones. 
One third of all public schools--about 25,000 schools--need 
extensive repair or replacement. A recent survey documented 
over $250 billion dollars of unmet school modernization funding 
need.
    The Safe and Successful Schools Act of 2000 authorizes $1.3 
billion annually to help communities make emergency school 
renovations such as repairing roofs, fixing dangerous 
electrical wiring and plumbing, bringing schools into 
compliance with fire safety codes, undertaking asbestos removal 
or abatement, and removing lead-based paint. The Act will 
support up to 8,300 renovation projects in high-poverty, high-
need school districts that have little or no capacity to fund 
urgent repairs over the next five years.

                  Reducing Class Sizes/Smaller Schools

    Research shows that class size reduction in the early 
grades is one of the most direct and effective ways to boost 
student academic achievement, especially among populations of 
disadvantaged children. Smaller class sizes ensure that every 
child receives personal attention, gets a solid foundation for 
further learning, and learns to read independently by the end 
of the third grade. The Safe and Successful Schools Act of 2000 
continues the Clinton/Clay class size reduction program that is 
helping communities hire and pay for 100,000 new, fully 
qualified teachers.
    The Act also reauthorizes the Small, Safe and Successful 
High Schools program, which helps high schools to create 
smaller, safer learning environments. Research has shown that 
the size of a school and the number of its students greatly 
impact children's ability to learn and the likelihood that 
violence may occur.

Accountablilty for results

    The bill requires schools reducing class sizes to hire only 
fully qualified teachers. The bill strengthens ESEA technology 
programs by focusing on the achievement of performance 
indicators and the correlation between technology and improved 
student achievement. The Act requires school safety and drug 
abuse prevention programs to be based on sound research, and 
strengthens reporting and eligibility criteria for the Title VI 
program, increasing program accountability.

Providing safe after-school learning opportunities for students

    Extended learning programs reduce juvenile crime by 
providing a wide range of education, social, mentoring, and 
counseling services to help improve student behavior, including 
services relating to violence prevention and conflict 
resolution. Recent research has demonstrated that extended 
learning programs help improves student achievement in reading 
and math, and reduce truancy and dropout rates.
    The Safe and Successful Schools Act more than doubles our 
investment to $1 billion, in the 21st Century Community 
Learning Centers program. This program enables schools to stay 
open longer, providing safer and educational after-school 
opportunities for some 700,000 school age children in rural and 
urban communities each year, and vital social health, and 
educational services for their families.

Providing safe and drug free schools/keeping guns out of our schools

    America's students cannot be expected to learn to high 
standards if they are threatened by drugs and violence. There 
is a high level of concern by parents and students about school 
safety and violence caused in a part by the tragic shootings at 
Columbine High School and other schools in the past two years.
    The legislation will increase funding for the Safe and Drug 
Free Schools Act, and enhance its accountability and 
performance through the adoption of research-based programs. It 
also authorizes the Secretary of Education to set aside $5 
million annually to fund strong, community-based hate crime 
prevention activities.
    The bill requires school districts, with a history of 
suspensions and expulsions for gun violence or possession, to 
work with law enforcement agencies to promote the use of child 
safety locks.
    Lastly, the bill provides new, additional support for 
school-based alternative education programs to address the 
educational needs of students who are suspended or expelled 
from school. This authority will increase the safety of both 
our schools and communities by ensuring that discipline and 
violence problems leading to suspensions and expulsions do not 
spill over into the community.

Recruiting and maintaining high quality teachers

    The Safe and Successful Schools Act of 2000 requires all 
teachers to become certified or fully licensed, and have 
knowledge of the subjects they teach. The bill creates a 
``Parent Right to Know'' requirement to ensure that parents are 
made aware of the professional qualifications and expertise of 
their children's teacher. It also includes a provision 
requiring that parents be notified when their child is being 
taught by an underqualified or substitute teacher for more than 
two consecutive weeks.
    It also authorizes $50 million to help high-poverty school 
districts attract and retain teachers and principals through 
better pay. To become eligible, schools would have to undertake 
rigorous peer review of every teacher, improve systems to 
remove low-performing teachers, and provide intensive support 
to give the opportunity for all teachers to succeed.

Expanding access to education technology/closing the digital divide

    Technology in the schools can substantially improve student 
learning, classroom management, the professional development of 
teachers, and assessment of student progress. Most importantly, 
strong school technology programs report significant impact on 
gains in student achievement in reading, writing, and 
mathematics. Technology has its greatest impact with low-income 
and rural students as well as with expanding opportunities for 
girls. Unfortunately, the ``digital divide'' still separates 
the technology haves and the technology have-nots--leaving our 
most disadvantaged children without vital knowledge and tools 
to compete with their more advantaged peers.
    The Safe and Successful Schools Act of 2000 increases the 
Federal commitment to technology and closing the digital 
divide. The Act provides $500 million for the Technology 
Literacy Challenge Fund program, to help the most disadvantaged 
school districts to provide educators with sustained, high 
quality training to integrate technology in their classrooms 
and provide students with the latest access to advanced 
technology resources. The Act creates a $50 million Go Girls 
program to help encourage the ongoing interest of girls in 
science, mathematics and technology, and prepare girls to purse 
undergraduate and graduate degrees and careers in science, 
mathematics, or technology. The bill will provide new support 
for restructuring teacher education programs so that new 
teachers are proficient in the use of educational technologies 
and can integrate technology throughout their instructional 
practices. Lastly, it also creates new initiatives to develop 
and expand cutting edge technologies to improve teaching and 
learning, and to establish community technology centers in the 
neediest communities.

                               Conclusion

    Our hope when we began the process of ESEA reauthorization 
this Congress was that the Committee would complete work on 
ESEA in a bipartisan fashion. The current state of this bill, 
and the unlikely adoption of Democratic priorities, makes it 
difficult for us to see how Congress will be able to send a 
complete ESEA reauthorization bill to the President that he can 
sign. With the passage of H.R. 4141, the majority seriously 
jeopardizes passage of the ESEA reauthorization this Congress.

                                   William L. Clay.
                                   Dale E. Kildee.
                                   Major R. Owens.
                                   Patsy T. Mink.
                                   Tim Roemer.
                                   Lynn Woolsey.
                                   Chaka Fattah.
                                   Carolyn McCarthy.
                                   Ron Kind.
                                   Harold E. Ford, Jr.
                                   David Wu.
                                   George Miller.
                                   Donald M. Payne.
                                   Robert E. Andrews.
                                   Bobby Scott.
                                   Carlos Romero-Barcelo.
                                   Ruben Hinojosa.
                                   John F. Tierney.
                                   Loretta Sanchez.
                                   Dennis J. Kucinich.
                                   Rush Holt.

                               Attachment

                                 The Secretary of Education
                                     Washington, DC, April 5, 2000.
Hon. William L. Clay,
House of Representative,
 Washington, DC.
    Dear Congressman Clay: I am writing to express my strong 
objections to H.R. 4141, the ``Education Opportunities To 
Protect and Invest Our Nation's Students (Education OPTIONS) 
Act,'' which I understand your committee will soon mark up. 
This bill would reauthorize and amend the various remaining 
titles of the Elementary and Secondary Education Act of 1965 
(ESEA) for which your committee has not approved reauthorizing 
legislation during the 106th Congress. Unfortunately, as with 
the Teacher Empowerment Act and Straight-A's legislation 
already approved by the House, H.R. 4141 would take us in a 
very different direction than the President laid out in his 
ESEA proposal, the Educational Excellence for All Children Act 
of 1999. As the President has stated, he would support an ESEA 
reauthorization that helps all students achieve to high 
standards through effective programs of national significance, 
such as class size reduction and after-school programs, in 
modernized and safe schools. In addition, he places a high 
priority on holding the entire education system accountable for 
results, and opposes squandering Federal resources on unfocused 
block grants. This bill, and the House ESEA package as a whole, 
fails to meet these principles. Accordingly, if this bill were 
presented to the President in its current form, I would 
recommend that he veto it. My detailed views on the bill are 
set out below.

Elimination of after-school programs and services

    I strongly object to H.R. 4141's elimination of the current 
after-school program by block-granting the 21st Century 
Community Learning Centers Program (ESEA, Title X. Part I) with 
the Safe and Drug-Free Schools State Grant Program. The ESEA 
should, like current law, continue to provide a dedicated 
funding stream for before- and after-school programs that focus 
on providing extended learning opportunities for children in a 
safe environment, as well as providing additional services that 
address the needs of the community at large. The President has 
proposed to more than double the budget for this vital program 
in order to provide for additional high-quality extended 
learning opportunities for children and to help ensure that 
those schools that lack the resources to establish effective 
after-school programs have the ability to do so. The Congress 
should expand this effective program, not eliminate it.

``Transferability'' of program funds (proposed Sec. 14206)

    I strongly object to the bill's inclusion of proposed 
section 14206 of the ESEA, which embodies the block-grant 
approach to Federal education programs that the President and I 
have repeatedly opposed. Under this provision, States could 
move any or all of the funds retained at the State level among 
most ESEA programs (the main exception being the Title I 
program for disadvantaged children), while local school 
districts could transfer up to 30 percent of these funds on 
their own and up to 100 percent of these funds with the State's 
approval.
    I find the lack of accountability for results and the 
disregard for national priorities under the transferability 
provisions particularly disturbing. States and districts would 
have free rein to shift funds between programs that serve 
important national goals, without any attention to whether such 
reprogramming would be in the best interest of the students or 
schools affected. It is unconscionable to allow a school 
district to gut programs that strengthen teacher quality, 
reduce class size, increase access to technology, and ensure 
that schools are safe and drug-free, in favor of unfocused 
block grants such as the Title VI program that lack any 
meaningful spending safeguards or accountability for turning 
around failing schools or otherwise improving achievement 
outcomes. The President and I are strong supporters of 
increased flexibility in return for greater accountability, 
having championed Ed-flex, waiver authorities, and other 
flexibility provisions to encourage innovation throughout the 
ESEA. However, this proposal goes well beyond what is 
appropriate or acceptable, by providing unchecked flexibility 
in return for no accountability.
    Furthermore, any complete ESEA proposal must include the 
following programs:

Class size reduction

    A major defect of H.R. 4141, as of the ESEA bills that have 
preceded it in the House during the 106th Congress, is that it 
would undermine the Federal effort to help local communities 
reduce class size in the early grades to an average of 18, 
because it fails to provide a separate, dedicated funding 
stream, targeted to high-poverty communities, consistent with 
the bipartisan agreement enacted in the Department of 
Education's appropriations acts for each of the past two years. 
This is not the time to abandon that effort.

School modernization

    Similarly, H.R. 4141 fails to provide any assistance to 
communities facing the enormous burden of renovating aging 
schools. The President's Budget for FY 2001 proposes a $1.3 
billion initiative to provide grants and loans for high-need 
districts to support the renovation of up to 5,000 schools. The 
Federal Government should help address the critical needs in 
these areas.

Accountability

    I am very disappointed that H.R. 4141 fails to include the 
President's proposed ``Education Accountability Act of 1999.'' 
This important component of the President's ESEA 
reauthorization package would make States accountable for the 
performance of students in their school districts and schools; 
help ensure that students progress through school on a timely 
basis while mastering challenging material; end social 
promotion; prompt States to make sure that there are qualified 
teachers in every classroom; require school districts to adopt 
and carry out sound discipline policies; and make sure that 
parents and the public receive annual report cards on their 
States, school districts, and schools. These proposals should 
be added to H.R. 4141.
    Other concerns with the bill include the following:

ESEA, Title III--the ``Tech for Success Act of 2000''

    I have major concerns regarding the targeting of the State 
and Local Technology for Success Grants and the inadequacies of 
the funding for, and authorities under, the National Technology 
Initiatives provisions in H.R. 4141.
    H.R. 4141 represents a missed opportunity to narrow the 
digital divide and support the academic achievement of all 
students. Though access to computers and the Internet has 
exploded over the last decade, the digital divide between those 
individuals and communities that have access to these 
Information Age tools and those who don't is continuing to 
widen. A July 1999 report from the Department of Commerce 
revealed that the gap between those at the highest and lowest 
income levels with this access to technology grew by 29 percent 
in one year alone. By targeting funds on high-poverty, low-
performing schools and LEAs, and fostering innovations in 
technology, we can narrow the digital divide and reach those 
students in dangers of being left permanently behind in an 
increasingly technological world.
    There are major problems with the funding arrangements for 
the State and Local Tech for Success Grants in H.R. 4141 which 
contribute to the bill's lack of targeting program funds on 
high-poverty, low-performing schools and LEAs. First, in order 
to ensure that program funds are directed to those States 
serving children with the greatest need, the State allotment 
should be based entirely on the State's relative share of Title 
I, Part A funds. Also, all of the amounts awarded at the local 
level should be awarded competitively.
    I am also disappointed that H.R. 4141 fails to provide 
adequate support for the development of advanced technology 
applications, and lacks sufficient focus on critical national 
activities supporting innovation. The bill fails to provide 
separate authorizations for three programs that are included in 
the Administration's proposal and currently receive funding--
Preparing Tomorrow's Teachers to Use Technology, Community 
Technology Centers, and Regional Technology in Education 
Consortia. Instead, the bill would compress the numerous 
national activities currently funded, including these three 
programs, into an abbreviated list of possible activities to be 
funded from a very limited amount of funds, diminishing the 
ability of the Federal Government to act as a catalyst in 
spurring truly innovative applications of technology to 
education. I believe that these three programs should be 
separately authorized and funded.

ESEA, Title IV--Safe and drug-free schools and communities

    In order to ensure safe, disciplined, and drug-free 
learning environments for students and teachers nationwide, it 
is necessary to concentrate funds where they will do the most 
good. Unfortunately, H.R. 4141 largely retains current formula 
allocation mechanisms that spread scarce prevention funds too 
thinly across too many LEAs and fail to provide adequate 
accountability controls. The Administration's proposal to 
compete funds from the State level to a limited number of LEAs 
would help ensure that grants are of a sufficient size and 
scope to support effective, research-based drug and violence 
prevention activities.
    H.R. 4141 is also deficient with respect to national-level 
drug and violence prevention activities. The proposed annual 
authorization level of $20 million for National Programs is 
more than $140 million below currently enacted levels. This 
would seriously undermine several popular and promising 
programs, including the interagency Safe Schools/Healthy 
Students initiative and the middle school Coordinator 
Initiative. At the same time, H.R. 4141 contemplates funding 
over $400 million in outstanding continuation awards under the 
current 21st Century Community Learning Centers program out of 
this same underfunded authority. H.R. 4141 also fails to 
authorize Project SERV (School Emergency Response to Violence), 
which would provide emergency assistance to school districts 
that experience a violent or traumatic crisis, and to extend or 
expand the existing Pro-Children Act requirements--to include 
alcohol and illegal drugs--in addition to retaining the current 
Federal ban on the possession or use of tobacco on school 
grounds. Moreover, H.R. 4141 fails to provide an explicit 
authorization for the Secretary of Education to fund projects 
or activities to prevent hate crimes.

School prayer (amendment to current ESEA Sec. 14510)

    I strongly object to the bill's proposal to revise section 
14510 of the ESEA so that the Department of Education, rather 
than a Federal court, determines whether a school district 
receiving funds from the Department has a policy or practice 
that prohibits individuals from engaging in constitutionally 
protected voluntary prayer at school. It would appropriately 
force the Department into the middle of numerous local disputes 
involving prayer during classes, at graduation exercises, and 
at sporting and other public events, and permit no remedies for 
violations other than the draconian sanction of the termination 
of all funds. Current law, which properly leaves difficult 
questions of constitutional law (and of appropriate remedies) 
to the courts, should be retained.

Other issues

    I object to H.R. 4141's prohibition on federally sponsored 
testing that would likely bring a halt to the President's 
efforts to help States and parents raise academic standards 
through a voluntary national test. H.R. 4141 would prohibit the 
development, pilot testing, field testing, implementation, 
administration, and distribution of voluntary national tests 
under the Fund for the Improvement of Education unless 
explicitly authorized. While the Administration has proposed to 
fund continued national test development activities as a new 
program under its reauthorization proposal for education 
research and statistics programs, I am concerned that the 
latter reauthorization may not occur in time to ensure 
continuity of current efforts into FY 2001. The prohibition 
should be deleted. Congress should be promoting high standards 
for all students, not undermining them.
    In both the technology program and in the program for safe 
and drug-free schools, the bill would require the Secretary to 
approve a State's plan or application, respectively, so long as 
it includes the information required by the bill. There is no 
requirement that the plans or applications be of high quality 
or demonstrate substantial promise of actually carrying out 
projects that achieve the programs' purposes, nor is the 
Secretary given authority to review them on that basis. Given 
the magnitude of the Federal investment and the importance of 
these programs, the bill should give the Secretary authority to 
review State plans and applications to ensure their quality 
before committing taxpayer funds to implementing them.
    The bill should also extend the authority, currently in 
Part G of Title XIV of the ESEA, for evaluations of ESEA 
programs. This is an important source for information for the 
Congress, the Administration, and the public on how these 
programs are working.
    In addition, this bill fails to include the 
Administration's proposal for an Early Childhood Professional 
Development initiative. The training and education of early 
childhood educators and caregivers are directly related to the 
quality of early childhood education they can provide and, in 
turn, directly related to children's readiness for school. The 
Administration is committed to ensuring that all children enter 
school ready to learn and this initiative is a critical step in 
meeting this goal.

Representative Kildee's substitute for H.R. 4141

    I strongly urge the Committee to approve the amendment to 
H.R. 4141 in the nature of a substitute for the entire bill, 
which I understand Representative Kildee will offer. The Kildee 
substitute would be a major step in the right direction because 
it reflects important national priorities. Among other 
improvements over the bill as introduced, the substitute would 
retain the separate funding streams for the after-school 
program and the program for safe and drug-free schools; 
preserve the program to help reduce class size; address 
deficiencies in H.R. 4141 relating to technology education; 
adopt the ESEA portion of the President's school-construction 
initiative; and better target Federal assistance to those 
communities and children with the greatest needs.
    The Office of Management and Budget advises that there is 
no objection to the submission of this report, and that 
enactment of H.R. 4141, as introduced, would not be in accord 
with the President's program.
            Yours sincerely,
                                                  Richard W. Riley.
                                ------                                

                                       The Education Trust,
                                     Washington, DC, April 4, 2000.
Members of the Committee on Education and Workforce,
U.S. House of Representative,
Washington, DC.
    Dear Representative: I write to urge you to reject H.R. 
4141, the Republican OPTIONS bill. The legislation's 
transferability provisions are anti-accountability and run 
counter to efforts to provide teachers with the professional 
development that they need to help their students meet high 
academic standards.
    The transferability provisions would allow funds to be 
transferred between ESEA programs, perhaps even into non-
education related activities, based solely on the whims of 
adults rather than on the needs of students. The bill requires 
no data analysis, no needs assessment, and no public comment 
process before such a transfer could take place. Further, the 
bill requires no evaluation of the effects of the transfers on 
student achievement, or anything else for that matter. Where's 
the accountability in that? With this legislation the 
Republicans abandon not only the reasonable approaches to 
accountability contained in H.R. 2 and H.R. 2300, they even 
cast aside the cosmetic accountability charade contained in 
Straight A's.
    Republicans on the committee have consistently maintained 
their concern about teacher quality. In both H.R. 2 and H.R. 
2300 Republicans supported provisions that we believe would 
make important contributions to the national effort to ratchet 
up the quality of instruction in American classrooms. This 
legislation, however, turns away from and could even reverse, 
efforts to provide teachers with high-quality professional 
development.
    This legislation would allow school districts to virtually 
pillage Title II professional development funds. The only 
limitation on the plunder of Title II would be a demonstration 
that funding for professional development in mathematics and 
science stay at levels equal to the previous year's funding. 
Funding levels? What about student achievement levels in 
mathematics and science? What about student achievement in 
reading? Last week Gov. George W. Bush rang the alarm about the 
reading skills of American students and announced his plan to 
provide additional investment in professional development for 
reading teachers. This legislation not only discounts concerns 
of Governor Bush; it ignores data that indicates that most 
teachers have too little training in the teaching of reading. 
And, more importantly, it ignores the fact that too few of our 
children have strong reading skills.
    The transferability provisions appear to have been designed 
by individuals who more are committed to financial flexibility 
for adults than they are to success for students. We urge 
members of the committee to put student achievement first and 
to reject H.R. 4141.
            Sincerely,
                                            Kati Haycock, Director.
                                ------                                

                    Council of Chief State School Officers,
                                     Washington, DC, April 4, 2000.
Member, Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
    Dear Representative: I write on behalf of the state 
commissioners and superintendents of education regarding H.R. 
4141, the Education OPTIONS Act. The House Education and 
Workforce Committee will soon mark up this bill to reauthorize 
the major titles of the Elementary and Secondary Act not yet 
acted upon by the House of Representatives. These titles 
include Title III, Technology; Title IV, Safe and Drug-Free 
Schools and Communities; Title VI, Innovative Strategies; the 
21st Century Community Schools program; and Title XIV, General 
Provisions. They include extraordinarily important resources to 
help states and localities improve achievement of all students.
    We regret that our Council we must oppose H.R. 4141 as it 
comes before the Committee and can support it only with 
substantial changes on the following points:
          (1) Provide a specific authorization for 21st Century 
        Community Learning Centers with a poverty-based formula 
        program to enable state and local education agencies to 
        support academically-related extended learning and 
        enrichment programs;
          (2) Continue the federal-state-local partnership 
        under Title VI to bring innovation and quality to the 
        classroom with adequate funds for state education 
        agencies to provide statewide and multi-district 
        services, and with authority for states and localities 
        to support continued development of standards and 
        aligned assessments;
          (3) Continue designation of the state education 
        agencies which are responsible for elementary and 
        secondary education in each state to plan and 
        administer federal programs together with state 
        reforms, programs, and funds; and
          (4) Eliminate provisions for ``transferability'' 
        which would allow 30% to 100% of federal ESEA funds 
        targeted for particular national education priorities 
        and special needs students to be spent for other 
        purposes.
    We regret we must oppose the bill as introduced. We urge 
that you vote in favor of the Minority substitute and specific 
amendments to address the issues stated in this letter.

21st century community learning centers

    Authorize 21st Century Community schools as a separate, 
poverty-based formula program administered by state education 
agencies and focused on before and afterschool extended 
learning opportunities for students in high poverty schools.
    The 21st Century Schools Program should be reauthorized as 
a separate title or component of ESEA, rather than block 
granting it with the Safe and Drug Free Schools program for 
these reasons:
      The Program has a very different purpose and 
addresses a substantially different need than the Safe and Drug 
Free Schools (SDFSCA) program. While some SDFSCA funds can and 
do support afterschool care, that it is not the primary purpose 
of the program, nor are the afterschool services provided under 
SDFSCA focused on extended learning time and enrichment 
activities related to the regular academic program. The 
academically-related before and afterschool and summer programs 
supported under 21st Century Schools may help to reduce youth 
crime and drug abuse during non-school hours. However, these 
programs are not the same as those supported with Safe and Drug 
Free Schools funds. Each of these two programs addresses a 
distinct national priority. Each requires a separate 
authorization with purposes, uses of funds, and accountability 
provisions aligned to each priority.
      The program fills an urgent unmet need for 
extended learning opportunities for disadvantaged students 
before and after school and during the summer. Students who do 
not meet academic standards in the regular school day need 
extra time for activities that reinforce their academic study. 
Although some Title I and Title VI funds are spent on this 
purpose, the shortage of high quality enrichment and extended 
learning programs at schools during non-school hours is 
critical, as evidenced by more than $900 million in 
applications were advanced for the $40 million appropriated for 
21st Century Schools in its second year. This program is 
essential to reinforce what students learn in the regular 
academic program, particularly those students in high poverty 
schools whose families cannot afford and do not have access to 
high quality enrichment and recreational activities.
    21st Century After-School funds should be allocated to 
states on a formula targeted to poverty and administered 
through the state education agencies to local districts on 
behalf of local school partnerships. As this program grows to 
$500 million, it is most effectively and efficiently shifted 
from administration by the U.S. Education Department to state 
education agencies. Federal programs of direct grants to local 
areas do not connect with state resources used for similar 
purposes and seldom are sustained and expanded within the 
states. The Elementary and Secondary Education Act provides for 
the efficient and effective administration of federal K-12 
programs by state educational agencies. This system increases 
accountability for fund use and program results.

Title VI set-asides for SEA administration and leadership and continued 
        use of funds for the development of standards and assessments

    Remove the cap on the state set-aside in Title VI to assure 
resources for state education agency (SEA) administration and 
leadership grow proportionately with the program. Authorize 
SEAs and local districts to use Title VI funds to upgrade and 
expand standards and assessments aligned with professional 
development and the curriculum.
    The cap on the state-level reserve of funds at FY 2000 
levels for administering Title VI and strengthening statewide 
and multi-district capacity to reform classrooms must be 
removed. Adequate SEA set-asides are essential to enable 
increased technical assistance to local districts and schools 
and to effectively administer federal programs.
      ESEA programs assign substantial responsibility 
and accountability for federal funds to the states. Congress 
expects states to establish standards, performance indicators 
and benchmarks, and accountability systems to ensure 
improvement in student achievement. Congress expects increased 
service by the states to assist local communities improve the 
quality of programs, especially where they are below standard. 
A permanent ceiling on the state set-aside stymies expansion of 
SEA assistance in administering more local funds and responding 
to increased demand. The expectation of improved effectiveness 
and efficiency in the use of federal funds by the states will 
not be realized with the caps.
      SEAs must have a continuing source of federal 
Title VI funds to upgrade standards and provide them in all 
core subject areas; develop new aligned assessments; and, to 
help local districts move standards into all classrooms. By 
using federal support, the states have become the major driving 
forces for setting standards, providing for effective quality 
review, monitoring progress and accountability, and 
particularly, providing increased service to districts and 
schools with the lowest performance. These leadership 
initiatives require greater levels of personnel and state 
capacity than was the case for earlier responsibilities limited 
to regulation and report monitoring. Basing school reform 
strategies on standards is a continual process. Penetration of 
the strategy into all classrooms is still a major challenge for 
states and multi-district coalitions. Title VI funds must be 
available to help them.
      SEAs use economies of scale and regional service 
delivery systems to provide critical quality services and build 
capacity of local districts and schools beyond what LEAs and 
schools can secure on their own, particularly those with the 
highest poverty and lowest performing students. Districts and 
schools rely on these supports and in general, request far 
greater services than the state or intermediate agencies can 
provide. A sufficient state-level set-aside is essential in 
each ESEA formula program to assure quality and effectiveness 
through the federal-state-local partnership.

Governance of Federal aid to elementary and secondary education through 
        State education agencies

    Retain provisions for state educational agencies to plan 
and implement programs under the Elementary and Secondary 
Education Act to assure state sovereignty for decisions to 
administer federal programs as each state has decided for 
education and to connect these funding streams and initiatives 
to the 93% of K-12 funding which is provided through states and 
localities.
    The recognition of state authority to assign various 
responsibilities for education to the state board of education, 
chief state school officer, the governor and state legislature 
through state constitution and law must not be overridden in 
federal statute because:
     In order be effective in increasing school 
improvements, efforts to restructure federal support for 
elementary and secondary education must respect state 
sovereignty. Each state has established constitutional or 
statutory responsibility for education with roles for the state 
board of education, chief state school officer, governor, state 
legislature, and perhaps, other officials. Federal legislation 
recognizes state sovereignty to establish the structure for 
operation of education programs by providing for education 
programs to be administered by the SEA, defined as the agency 
``primarily responsible'' for education under state 
constitution or law. If the Congress were to assign education 
responsibility to the ``state'' (which is defined in 
legislation as the governor), it would supersede state 
constitutions and statutes established by their citizenry 
through state legislatures, which make other assignments of 
state authority for education. For example, in virtually every 
state, the elected or appointed chief state school officer and/
or elected or appointed state boards of education have the 
responsibility for education programs. Congress must not 
violate state sovereignty for determining administrative 
responsibility for education.
     Respect for state sovereignty is essential to 
ensure effective linking and coordination of federal resources 
with state and local goals, programs, and resources. State 
education agencies plan for an administer both federal and 
state education programs. Local education agencies receive most 
federal and state education funds through the SEA, which is not 
only responsible for the use of federal and state funds, but 
also for accreditation, teacher certification, graduation and 
course requirements, and other areas of education policy and 
operation in the state.
     To decouple the administration of federal 
education funds from state and local education funding streams 
and authority seriously undermines the leverage and 
effectiveness of the federal dollar. In fact, a key goal of the 
reauthorization, particularly the new flexibility mechanisms, 
is to enhance the effective linkage among federal, state and 
local funds and programs. This coordination will occur only if 
the agency designated under state law and constitution as 
responsible for state and local levels of education also 
administers the federal programs.
     Assignment of federal education funds to 
authorities other than the SEA has important negative 
consequences for local school districts and schools. Those 
institutions are then be forced to work with two or more state 
agencies on the same service--one responsible for state funds 
and the other for federal funds. For them, the promise of 
streamlining and flexibility would become in reality the 
problem of two state administering agencies and most likely an 
additional intermediate county or regional government agency. 
These institutions are much more effectively served through a 
sole state education agency.

Eliminate proposed provisions for ``transferability''

    Eliminate provisions to authorize transfer of federal funds 
among the various federal programs which are targeted to 
strategies for classroom quality and the most critical student 
needs in education.
    The proposal for ``transferability'' is another form of 
block granting federal funds across programs with dissimilar 
purposes and converting federal programs to revenue sharing. No 
matter what the label, these proposals fundamentally undermine 
targeting of limited federal funds for strategies to improve 
classroom quality for direct services to students with the most 
critical needs. Block granting has been tried before and 
Congress has subsequently abandoned it, because compromising 
targeted strategies does not work. The Committee should avoid 
repeating past mistakes and eliminate ``transferability''.
     Provisions to block grant through transferability 
eliminates the guarantee that the purposes for which Congress 
appropriates money--teacher quality, technology, or improvement 
in mathematics and science, for example--will actually be 
served. The Committee bill now authorizes localities and States 
to ignore those purposes.
     Provisions to block grant through transferability 
eliminates the guarantee that students with the most critical 
needs for supplemental help are served.
     Transferability stymies increases for specific 
classroom improvements. If transferability is enacted, the 
future response by its advocates when presented evidence of the 
need to increase funding for education priorities, will be to 
advise states and localities to simply transfer existing 
federal funds from other priorities. Transferability makes 
education funding a ``zero sum'' competition. It would be a 
gross policy mistake at a time when the public is advocating 
substantial increases in federal funding for targeted classroom 
improvement.
     Transferability reduces accountability and 
deceives federal taxpayers who expect targeted federal funds to 
be used for the purposes for which they were appropriated. They 
will not be deceived long. With no reports on the use of funds 
and student results related to investment, taxpayers and 
members of Congress will give up support. They will lose 
evidence of how funds are used and the results from the 
expenditures. Accountability for the funds disappears because 
there is no way to report expenditures and results across 
schools, districts and states. To the federal taxpayer, the 
reason for federal involvement disappears, and so does funding.
    The Committee and the Congress now provides extensive 
options to states and localities for flexibility, waivers, 
consolidated plans and reports, and schoolwide programs under 
Title V. These options enable effective and efficient choices 
in the use of funds. They build on continued identification and 
targeting of resources to national purposes and student 
populations served. We urge you continued use of these 
strategies rather than jeopardizing continued commitment of 
federal funds for classrooms quality by bringing back failed 
block granting.

Concluding concerns

    In addition to the major issued detailed above, we have 
other concerns about the bill.
           One is that the Title VII Technology block 
        grant fails to assure the ``use of funds'' to purchase 
        new technologies is accompanied by authority for 
        adequate training of teachers to use the equipment and 
        to integrate learning technologies into the curriculum.
           A second is that the state share of funds 
        for leadership and administration under the Title IV 
        Safe and Drug-Free block grant is cut from the current 
        level of 9% to only 4%, with a 2% cap on administration 
        and 2% on leadership activities.
           Moreover, under Title VII Technology, only 
        10% of the 5% state share can be used for program 
        administration--that is less than $3.2 million to 
        implement and evaluate a $656 million program of grants 
        to school districts nationwide. Statewide and multi-
        district services under these titles cannot be 
        effectively provided at these levels, whether or not 
        the total funds increase.
           H.R. 4141 also raised serious First 
        Amendment concerns. ``Charitable Choice'' provisions 
        extend to religious institutions the opportunity to be 
        direct providers of educational services which have 
        previously been limited to religiously affiliated 
        organizations. Included in the bill are provisions for 
        prayer in school, which were explicitly rejected by 
        Congress in 1994, and fail to uphold constitutional 
        requirements for separation of church and state. 
        Additionally, local schools are required to purchase 
        filtering or blocking software as a condition of 
        receiving federal technology funds. Imposing this 
        inappropriate, ineffectual and costly mandate violates 
        local and state acceptable use policies. We will 
        address our concerns about ``Charitable Choice'' 
        further in another letter.
    The provisions of H.R. 4141 and the other parts of the ESEA 
reauthorization together form the most important action your 
Committee and Congress can take this year to help all students 
achieve at high levels in this new century. We regret we must 
object to many provisions of the Committee bill. Our students 
need the services of this Act now. For any reauthorization of 
ESEA to be enacted will require a bipartisan approach between 
Congress and the Administration.
    We would be pleased to work with the Committee to address 
our concerns and improve this bill. We urge your support of the 
Minority substitute amendment and any specific amendments 
offered to address the issues we have raised. Without these 
changes, we must urge you to oppose it. If we can be of any 
assistance to you or answer any questions, please call me or 
Carnie Hayes, our Director of Federal-State Relations, at (202) 
336-7009. As always, thank you for considering our 
recommendations.
            Sincerely,
                                         Gordon, M. Ambach,
                                                Executive Director.
                                ------                                

                                 NEA, Government Relations,
                                     Washington, DC, April 4, 2000.
Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
    Dear Representative: On behalf of the National Education 
Association's (NEA) 2.5 million members, we would like to 
express our strong opposition to H.R. 4141, the Education 
Opportunities To Protect and Invest In Our Nation's Students 
(Education OPTIONS) Act. NEA has concerns regarding a number of 
provisions that we believe will undermine positive reform 
efforts. Specifically, the bill:
     Undermines the setting of national education 
priorities and weakens accountability for federal funds by 
allowing the transfer of funds among key, targeted programs.
     Eliminates essential after school programs by 
folding the 21st Century Community Learning Centers program 
into the Safe and Drug-Free Schools program.
     Fails to provide the training necessary to 
integrate technology into the classroom.
     Undermines efforts to maximize student achievement 
by failing to authorize the successful class size reduction 
program.
     Fails to provide assistance to help schools make 
urgent infrastructure repairs.
     Threatens to undermine the separation of church 
and state by allowing the funneling of federal dollars to 
religious institutions.
     Eliminates funds to help schools address violence 
associated with intolerance and prejudice.
     In contrast, the substitute to be offered by 
Representative Kildee (D-MI) would provide schools the 
necessary resources to improve student achievement by reducing 
class size, modernizing facilities, training teachers in use of 
technology, and offering learning-focused after-school 
programs. In addition, the Kildee substitute would help attract 
and retain high-quality teachers by increasing student loan 
forgiveness for teachers working in low-income schools. 
Representative Clay (D-MO) will also offer an amendment to 
authorize a school modernization emergency repair grant and 
loan program.
    We urge you to support positive education reform by 
opposing H.R. 4141 and supporting the Kildee substitute and 
Clay school modernization amendment.
            Sincerely,
                                    Mary Elizabeth Teasley,
                                                          Director.
                                ------                                

                                     Human Rights Campaign,
                                     Washington, DC, April 4, 2000.
House of Representatives,
Washington, DC.
    Dear Representative: Rep. Robert Scott, D-Va., is expected 
to offer an amendment to H.R. 4141, the ``Educational 
Opportunities To Protect and Invest In Our Nation's Students 
(Education OPTIONS) Act,'' when the House Committee on 
Education and the Workforce begins consideration Wednesday, 
April 5. The Scott Amendment restores valuable hate-crime 
prevention and prejudice reduction initiatives while addressing 
the threat from an unnecessary and dangerous provision that 
could threaten effective violence prevention programs. I hope 
you will support this important amendment.
    Violence based on prejudice and hate continues to remain 
one of the most compelling public health and safety issues for 
young Americans. It is generally recognized that most hate-
crime offenders and victims are young people. Hate and 
prejudice is learned, however, and the violence associated with 
it is not unavoidable or inevitable.
    Congress recognized the national importance of helping 
local schools deal with hate and bias crime in their 
communities when it reauthorized the Elementary and Secondary 
Education Act in 1994. The Senate Health and Education 
Committee last month also soundly defeated an attempt to remove 
hate crime programs during mark up of ESEA. H.R. 4141, however, 
was introduced without any mention of programs designed to 
reduce hate-related violence.
    The Scott Amendment restores current law that authorizes 
the Department of Education to give grants to localities 
affected by hate crime to develop educational and training 
programs designed to reduce hate crimes in schools; develop 
curricula to improve conflict or dispute resolution skills of 
students, teachers and administrators; develop and acquire 
equipment or instructional materials to be used in hate crimes 
prevention programs; and provide professional training and 
development for teachers and administrators on the causes, 
effects and resolutions of hate crimes.
    In addition to restoring current law, the Scott Amendment 
also addresses a threat from a provision that could interfere 
with effective public safety and violence prevention education. 
Included in H.R. 4141 is a provision that would prohibit the 
Department of Education from using funds for activities and 
programs that ``discriminate against or denigrate the religious 
or moral beliefs of students who participate in such activities 
or programs.''
    Gay and lesbian youth often are victimized in school 
because of their sexual orientation. In one survey of school 
counselors, 54 percent agreed that students often ``degrade 
fellow students whom they discover are homosexual.'' Effective 
curriculum and guidebooks, like Healing the Hate: A National 
Bias Crime Prevention Curriculum for Middle Schools, have been 
developed that address this type of behavior and attempt to 
educate students about individual differences while affirming 
their own self and group identity. This proposal could water 
down these effective programs and guides and prevent local 
school districts from including historically targeted members 
of their school communities like lesbian and gay students in 
their comprehensive bias and prejudice reduction curriculum.
    In addition, many groups supporting this provision strongly 
oppose inclusion of sexual orientation in any teaching about 
hate-based violence what-so-ever. This opposition is drive by a 
belief that inclusion of sexual orientation in comprehensive 
hate-crime prevention curricula undermines or denigrates their 
underlying religious beliefs on homosexuality. Some have even 
suggested that inclusion of sexual orientation is an ``attack 
on Biblical Christianity'' and will be used to ``indoctrinate 
the young'' and ``impose a homosexual agenda on school 
children.'' Nothing is further from the truth.
    Healing the Hate is a curriculum that does not call for 
special protection of any group or person. It is not anti-
family or anti-Christian. One of the curriculum's goals is to 
uphold the basic rights of all members of our society, with 
equal protection under the law. Indeed, the entire underpinning 
of the curriculum is respect for and appreciation of 
differences in race, religion, ethnicity, etc. while helping 
students affirm their own self and group identity.
    The Scott amendment restores authority to the Department of 
Education to develop important resources needed in helping 
young people understand differences among their classmates and 
allow the federal government to assist local school districts 
that ask for help in dealing with hate violence. It would also 
address a dangerous and unnecessary provision that threatens 
excluding unpopular groups of students from being addressed in 
curriculum that is designed to prevent youth-based hate 
violence.
    I hope you will vote to accept this important amendment. If 
you have questions or need further information, please contact 
Chad Lord.
            Sincerely,
                                        Winnie Stachelberg,
                                                Political Director.
                                ------                                

                                              National PTA,
                                                     April 4, 2000.
Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
    Dear Representatives: On behalf of the nearly 6.5 million 
parents, teachers, students, and other child advocates who are 
members of the National PTA, I am writing to express our views 
on H.R. 4141, the Education OPTIONS bill, which the Committee 
on Education and the Workforce is expected to begin considering 
tomorrow.
    From the beginning of this process to reauthorize the 
Elementary and Secondary Education Act (ESEA), the National PTA 
has made parent involvement its top priority issue and we are 
hopeful still that, as this process continues, important 
provisions from the PARENT Act will be included in a final bill 
to strengthen parent involvement and lead to improved student 
achievement.
    National PTA is also extremely committed to improving ESEA 
where changes are needed, and reinforcing the importance of the 
federal role in education through leadership; technical 
assistance; research, data collection, and information 
dissemination; and financial support for targeted purposes that 
have been identified as national priorities. The education 
policies of recent years have led states and schools to make 
significant progress toward meeting our nation's educational 
goals and we must stay on course until all states and schools 
are providing all children with equitable opportunities for 
quality educational achievement.
    Following is a brief outline of our primary concerns with 
provisions in H.R. 4141, and our recommendations for how we 
would like the bill changed:

Parent involvement

    Education Committee Chairman, William Goodling (R-PA), 
states that H.R. 4141 emphasizes ``local and parental 
empowerment.'' However, the provisions included in this bill, 
such as encouraging character education programs, protecting 
voluntary school prayer, and requiring blocking and filtering 
software, are not what National PTA considers to be meaningful 
parent involvement in children's education. Research shows that 
regardless of the economic, ethnic, or cultural background of 
the family, parent involvement is a major factor in determining 
a child's academic success. Therefore, National PTA urges the 
Committee to add provisions from the PARENT Act, H.R. 2801, in 
the appropriate places to H.R. 4141.
    For instance, National PTA suggests amending the bill's 
Title III to use technology to strengthen parent involvement by 
enabling parents and teachers to increase their communication 
about curriculum, assignments and assessments; train parents to 
use technology that their children are using; and use mentoring 
relationships to enhance professional development of educators.
    To help ensure drug- and violence-free communities, 
National PTA believes that the bill's Title II should be 
amended to involve parents by including them in state and local 
efforts to develop and implement violence and drug prevention 
efforts. Parents should be informed about what steps are being 
taken to reduce violence and drug use in schools.
    Amend H.R. 4141's Title IV, the innovative education 
program strategies section, to foster parent involvement by 
allowing federal funds to promote parental involvement at the 
local level and requiring local education agencies to describe 
their parent involvement activities in their applications for 
state funds.
    National PTA also supports inclusion of language in Title 
XIV that would apply the parent involvement provisions of Title 
I to all appropriate programs within the ESEA.

Transferability

    The National PTA strongly opposes the transferability 
provisions included in Title I of H.R. 4141. The bill would 
allow states and schools districts to transfer funds among 
selected education programs, without regard to the purpose of 
the original programs, or without accountability for how the 
transferred federal dollars would be spent.
    National PTA opposes transferability in part because all of 
the applicable funds could be transferred into Title VI, 
Innovative Education Strategies. Title VI provides funds for 
schools and school districts for important needs, and in many 
areas it funds parent involvement activities. However, H.R. 
4141 would allow the transfer of funds from professional 
development (including the class size reduction funds), 
comprehensive school reform, safe and drug-free schools (now 
including 21st Century Community Learning Centers), education 
technology grants, and other important, targeted ESEA programs 
into Title VI. This would eliminate the targeted purpose of the 
original programs, any targeting based on need, and 
accountability for how these dollars would be spent.
    The National PTA believes federal programs should remain 
targeted to the specific needs of national concern that 
Congress has identified. By allowing transfer of federal funds 
from one program to another, Congress would be giving up this 
important responsibility. Like with traditional block grants, 
because over time the intended purpose of the program would be 
lost, the funding would likely diminish as well. More 
importantly, we know from experience that when there is not a 
requirement for specific purposes to be addressed they often 
are not addressed. State and local dollars are used for the 
general education of school children and federal dollars are 
historically targeted to specific needs that are not being met 
at the state and local level. This is an important role of the 
federal government that must be maintained.
    Transferability also dilutes the public involvement in 
education. There is no requirement that school districts seek 
input from parents, teachers, or others in the school community 
about how the funds should be transferred or targeted. There is 
actually not even a requirement that parents be notified that 
transfers are even being proposed.

21st century community learning centers

    National PTA also opposes the move to consolidate the 
popular 21st Century Community Learning Centers program with 
the Safe and Drug Free Schools program. National PTA believes 
combining the two programs will have the effect of eliminating 
this federally supported school-based after school program. We 
believe it is critical to retain these two complimentary and 
distinct programs in order to achieve the important purposes 
they are designed to achieve. While we agree that after-school 
programs help reduce juvenile violence and drug use, National 
PTA believes that after-school programs offer much more. The 
21st Century Community Learning Centers program funds school-
based after-school programs that help students reach 
challenging state academic standards, provide opportunities for 
artistic, cultural, recreational enrichment activities, and 
promote lifelong learning for students as well as other members 
of the community.
    In addition to these three priority areas, we ask you to 
consider our comments on the following provisions of the bill:
     National PTA opposes the elimination of the 
provisions currently in Title IV, Safe and Drug-Free Schools, 
which develop and support anti-bias and hate crimes prevention 
programs. At this time of increasing public awareness about 
school violence and hate crimes, Congress should not remove 
these hate crime prevention protections.
     National PTA is concerned that Title III 
eliminates the targeted purpose of some of the educational 
technology programs that have been successful, including the 
Challenge Grant, Star Schools, and Preparing Tomorrow's 
Teachers to Use Technology programs.
     National PTA believes the use of the 
term``scientifically based research'' throughout the bill may 
create unintended consequences in attempts to improve student 
learning. In technology, especially, where changes occur 
frequently, ``scientifically based'' may hinder innovation and 
progress that may be extremely successful. Instead, National 
PTA would support the use of ``research-based'' to assure 
program quality and accountability.
    Finally, in keeping with out long-standing position in 
support of public funds for public schools, the National PTA 
will oppose any amendments during this week's mark up that 
would allow public funds to go to private schools through 
funding mechanisms such as vouchers.
    During the Committee mark-up this week, National PTA will 
support changes to H.R. 4141 to strengthen ESEA. In particular, 
we would support amendments to:
           Continue the current class size reduction 
        initiative
           Authorize funds for school construction and 
        modernization loans and grants
           Increase the investment in after-school 
        programs through the 21st Century Community Learning 
        Centers
           Enhance the Safe and Drug-Free Schools 
        program by increasing the authorization of funds for 
        safe schools
           Provide support for school-based, 
        alternative education programs to address the needs of 
        students who are expelled or suspended from school
           Restore the existing authority for anti-bias 
        and hate crimes prevention programs
           Strengthen the small schools provision in 
        the bill
    National PTA also supports the amendment that 
Representative Miller plans to offer with respect to disclosure 
and gathering of data and information, which is aimed at 
curbing commercial activity and protecting the privacy of 
students in the classroom. National PTA recognizes that 
technology in schools is a valuable educational tool, but 
opposes surveys, research, and data gathering targeted at 
children for the purpose of collecting information that is 
otherwise personal and confidential.
    We recognize that Congress faces a tough task in 
reauthorizing ESEA in a way that will help states and schools 
address the many challenges they face in providing all students 
with equitable access to a high quality education, and we want 
to support congressional efforts that strengthen the national 
commitment to public schools and build upon the existing 
programs that are working well. However, we cannot support H.R. 
4141 in its current form and hope that the bill will be amended 
to address the problems we have identified.
            Sincerely,
                                               Vicki Rafel,
                                    Vice President for Legislation.

                                

