[Senate Report 106-261]
[From the U.S. Government Publishing Office]
Calendar No. 491
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106th Congress SENATE Report
2d Session 106-261
________________________________________________________________________
EDUCATIONAL OPPORTUNITIES ACT
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R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
to accompany
S. 2
together with
ADDITIONAL AND MINORITY VIEWS
April 12, 2000.--Ordered to be printed
Calendar No. 491
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106th Congress Report
2d Session SENATE 106-261
_______________________________________________________________________
EDUCATIONAL OPPORTUNITIES ACT
__________
R E P O R T
of the
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
to accompany
S. 2
together with
ADDITIONAL AND MINORITY VIEWS
April 12, 2000.--Ordered to be printed
-------
U.S. GOVERNMENT PRINTING OFFICE
63-748 WASHINGTON : 2000
C O N T E N T S
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Page
I. Purpose and summary........................................ 1
II. Background and need for the legislation.................... 36
III. History of the legislation and votes in committee.......... 37
IV. Explanation of the bill and committee views................ 51
V. Cost estimate.............................................. 82
VI. Regulatory impact statement................................ 105
VII. Application of law to the legislative branch............... 105
VIII. Section-by-section analysis................................ 105
IX. Additional views........................................... 190
X. Minority views............................................. 197
XI. Changes in existing law.................................... 228
Calendar No. 491
106th Congress Report
SENATE
2d Session 106-261
=======================================================================
EDUCATIONAL OPPORTUNITIES ACT
_______
April 12, 2000.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
together with
ADDITIONAL AND MINORITY VIEWS
[To accompany S. 2]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 2) to extend programs and
activities under the Elementary and Secondary Education Act of
1965, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill (as amended) do pass.
I. Purpose and Summary
Purpose
It is the purpose of the Educational Opportunities Act, S.
2, to reauthorize and improve programs under the Elementary and
Secondary Education Act of 1965 for the next 5 years. The
Elementary and Secondary Education Act (ESEA) provides the
authority for virtually all Federal support provided for
elementary and secondary education, and ESEA programs currently
receive about $15 billion in Federal funding. Nearly half of
these funds are used on behalf of disadvantaged children under
the title I program. Other activities supported through ESEA
include professional development, literacy, safe and drug-free
schools, bilingual education, impact aid, aid to special
populations, and technology.
The primary objectives of this reauthorization bill are to:
(1) maintain and strengthen the title I reform process
initiated in 1994 which emphasizes the establishment of high
standards and aligned assessments designed to measure progress
towards those standards; (2) promote the sustained professional
development of teachers and school leaders; (3) help assure
that students are provided a safe and drug-free learning
environment; (4) place an emphasis on getting results by
insisting that activities and programs supported with federal
funds are based on theory, research, and evaluation showing
them to be effective in meeting their objectives; and (5)
increase State and local flexibility in the use of Federal
funds in exchange for greater accountability for improving
student performance.
Summary
Educational Opportunities Act
Title I--Helping Disadvantaged Children Meet High Standards
Part A--Basic Programs
overview
The purpose of this title is to provide opportunities for
those students served by title I activities to meet challenging
State performance and content standards. To achieve this
purpose, both the current law and the reauthorization bill
provide greater decisionmaking authority and flexibility to
schools and teachers in exchange for increased responsibility
for student performance. The last reauthorization of title I,
which occurred in 1994, made major changes in the program
regarding standards, assessment, and professional development
and set out a seven-year timetable for achieving them. Most of
these changes have been retained, and several additional
provisions have been added which build upon the reform
activities established under the 1994 reauthorization. The key
changes are outlined below.
State Plan: New provisions include--
Coordination: Title I activities, where appropriate,
will be coordinated with activities in other Federal
education programs, including the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act;
Adequate Yearly Progress: Adequate Yearly Progress
will be defined in a manner--
(i) that is sufficient to achieve the goal of
all children served under part A meeting the
State's proficient and advanced levels of
performance within 10 years;
(ii) that results in continuous and
substantial academic improvement for all
students, including economically disadvantaged
and limited English proficient students, except
that this provision will not apply if the State
demonstrates to the Secretary that the State
has an insufficient number of economically
disadvantaged or limited English proficient
students;
(iii) that is based primarily on State
standards and assessments and will include
specific State determined yearly progress
requirements in subjects and grades included in
the State assessments; and
(iv) that is linked to performance on the
assessments and also permits progress to be
established through other factors which are
determined by the State.
Parental Involvement: Each State plan will describe
how the State will disseminate effective parental
involvement practices to local educational agencies and
schools.
State Reports: Each State educational agency (SEA)
will prepare and disseminate an annual performance
report about each local educational agency (LEA).
Local Educational Agency Plan: New provisions include--
Coordination: Title I activities, where appropriate,
will be coordinated with activities in other Federal
education programs, including the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act.
Plan Elements: New plan elements include providing
detailed descriptions of how the local educational
agency plan will implement professional development and
parental involvement activities and take into account
the effectiveness of model programs for possible
replication.
Local Reports: Each local educational agency will
prepare and disseminate an annual performance report
which presents information about each school.
Schoolwide Programs: New provisions include--
Eligibility: A local educational agency may use funds
for a schoolwide program to upgrade its entire
educational program if the LEA serves an eligible
school attendance area in which not less than 40
percent of the children are from low-income families or
not less than 40 percent of the children enrolled in
the school are from such families.
Fiscal Accounting: Any school that is using funds
from more than one Federal education program in the
operation of its schoolwide program will not be
required to maintain separate fiscal accounting records
by program, so long as the school maintains records
that demonstrate that the schoolwide program addresses
the intent and purpose of each Federal program for
which funding is consolidated.
Pupil Safety and Family School Choice: New provisions
include--
Conditions for Student Participation:
(a) Any title 1 student who is a victim of a
violent criminal offense on public school
grounds shall be allowed to transfer to another
public school or charter school in the same
State, unless allowing such transfer is
prohibited under State or local law; or
(b) If the school the student attends
receives title 1 funds and the school has been
designated as unsafe, then the local
educational agency may allow such student to
transfer to another public or charter school in
the same State.
State Educational Agency Role: The State
educational agency will determine, based on
State law, what constitutes a violent criminal
offense and will determine the schools that are
unsafe public schools.
Transportation Costs:
(a) The local educational agency serving the
school in which a violent criminal offense
occurred or which is determined to be unsafe
may use title I funds for the transportation
costs of a student who transfers to another
school.
(b) The amount of assistance provided for
transportation with title I funds may not
exceed the per pupil costs for elementary or
secondary students as provided by the local
educational agency that serves the school
involved in the transfer.
School Improvement: Key provisions include--
How a School Is Identified for School Improvement: A
local educational agency will identify any school that
for 2 consecutive years failed to make adequate yearly
progress.
For a targeted assistance program, a local
educational agency may review the progress of only
those students in the school being served.
School Plan: For each identified school, the school
will revise their school plan which will--
(i) describe the specific achievement
problems to be solved;
(ii) describe how research-based strategies
will be employed to improve the student
performance;
(iii) address the need for high quality
professional development;
(iv) identify specific goals and objectives
the school will undertake for making adequate
yearly progress;
(v) specify the responsibilities of the
school and the local educational agency; and
(vi) describe strategies to promote effective
parental involvement.
Technical Assistance: The local educational agency
will provide technical assistance to the schools
identified for school improvement.
Corrective Action:
(A) Local Educational Agency--Consistent with State
and local law, the local educational agency, after
providing technical assistance, shall take not less
than 1 of the corrective actions listed below. (The
local educational agency will continue to provide
technical assistance while implementing corrective
action.) Such corrective actions include:
(i) Instituting and fully implementing a new
curriculum that is based on State and local
standards, including appropriate research-based
professional development for all relevant staff
that offers substantial promise of improving
educational achievement for low performing
students.
(ii) Restructuring the school, such as by--
(a) making alternative governance
arrangements (such as the creation of a
public charter school); or
(b) creating schools within schools
or other small learning environments.
(iii) Developing and implementing a joint
plan between the localeducational agency and
the school that addresses specific elements of student performance
problems and that specifies the responsibilities of the local
educational agency and the school under the plan.
(iv) Reconstituting the school staff.
(v) Decreasing decision making authority at
the school level.
(B) Consistent with State and local law, the local
educational agency may take the following corrective
actions:
(i) Deferring, reducing, or withholding
funds.
(ii) Restructuring or abolishing the school.
(C) A local educational agency may delay corrective
action, for up to one year, if the local educational
agency believes that the school is meeting the adequate
yearly progress requirements.
(D) The local educational agency will publish and
disseminate to parents and the public information about
any corrective action taken.
Public School Choice Related to Schools Identified for
Corrective Action and School Improvement: Key provisions
include--
Conditions for Student Participation: Not later than
6 months after date of enactment of this Act, a local
educational agency shall provide all students enrolled
in a school identified for corrective action and school
improvement with an option to transfer to any other
public school or charter school within the local
educational agency or to transfer to a public school or
charter school in another local educational agency
(unless this practice is prohibited by State or local
law).
Transportation--
(a) A local educational agency serving
schools identified for school improvement may
use title 1 funds to pay the transportation
costs of students transferring from those
schools.
(b) A local educational agency serving
schools identified for corrective action is
required to use title 1 funds to pay the
transportation costs of students transferring
from those schools to schools not identified
for school improvement or corrective action.
(c) The amount of assistance provided for
transportation with title I funds may not
exceed the per pupil costs for elementary or
secondary students as provided by the local
educational agency that serves the school
involved in the transfer.
Continued Public School Choice Option: Once a school
is no longer identified for school improvement, the
local educational agency must continue to provide
public school choice as an option to students in such
school for not less than 2 years.
State Educational Agency Corrective Action:
(A) Consistent with State and local law, the State
educational agency shall, after providing technical
assistance, shall take not less than 1 of the
corrective actions listed below. (The State educational
agency will continue to provide technical assistance
while implementing corrective action.) Such corrective
actions include:
(i) Instituting and fully implementing a new
curriculum that is based on State and local
standards, including appropriate research-based
professional development for all relevant staff
that offers substantial promise of improving
educational achievement for low-performing
students.
(ii) Restructuring the local educational
agency.
(iii) Developing and implementing a joint
plan between the State educational agency and
the local educational agency that addresses
specific elements of student performance
problems and that specifies the
responsibilities of the State educational
agency and the local educational agency under
the plan.
(iv) Reconstituting school district
personnel.
(v) Making alternative governance
arrangements.
(B) Consistent with State and local law, the State
educational agency may take one of the following
actions--
(i) Deferring, reducing, or withholding
funds.
(ii) Restructuring or abolishing the local
educational agency.
(iii) Removing particular schools from the
jurisdiction of the local educational agency
and establishing alternative arrangements for
public governance and supervision of such
schools.
(iv) Appointing a receiver or trustee to
administer the affairs of the local educational
agency in place of the superintendent and
school board.
(C) Prior to implementing any corrective action, the
State educational agency willhold a hearing for the
affected local educational agency.
(D) The State educational agency will publish and
disseminate to parents and the public information about
any corrective action taken.
(E) A State educational agency may delay corrective
action, up to one year, if the SEA believes the local
educational agency is meeting the adequate yearly
progress requirements.
Assessments/School Improvement/Awards: Under current law,
States may reserve up to \1/2\ percent of the funds that they
receive under parts A, C, and D of title I for corrective
action, school improvement, and awards to distinguished schools
and educators. The reauthorization bill continues this practice
with regard to funds from parts C and D and current services
levels of funding for part A. In addition, the bill allows the
Secretary to reserve 50 percent of part A funds in excess of
current services levels of funding for allocation to the States
for support of these activities. Funds may be utilized by the
State to assist schools in performing all activities authorized
under subsections 1111(b), 1116(c), and (d), and section 1117.
Early Childhood Education: A local educational agency may
use title 1, part A funds for preschool services. Early
childhood education programs may jointly operate with Even
Start, Head Start, or State-funded preschool programs.
Child Centered Program: The bill establishes a new child
centered program. Key provisions include--
Eligibility: Up to 10 States and up to 20 local
educational agencies located in States which do not
participate may participate in the child centered
program. The program operates for a period of 5 years.
Funding: Participating States and local educational
agencies shall use funds made available under part A of
title I for the child centered program. In addition,
$500 million is authorized for this program in fiscal
year 2000--with ``such sums as may be necessary''
authorized in the 4 succeeding fiscal years.
Program Requirements and Use of Funds:
(a) The participating State or local
educational agency must establish a per-pupil
amount based on the number of eligible title I
children.
(b) The per-pupil amount is distributed to
the public schools in which eligible children
are enrolled to be used for supplemental
education services provided by the school or by
another entity for those children. Funds may be
used for schoolwide programs in schools where
50 percent of the children enrolled are title
I-eligible.
(c) The participating State or local
educational agency must operate an open
enrollment program in the State or school
district (if space is available and the child
meets attendance qualifications), unless the
agency can demonstrate that sufficient options
are already available. The per-pupil amount
will follow each eligible child who transfers
to another school.
(d) Eligible children enrolled in private
schools are to receive supplemental education
services in the same manner as such services
are provided under the regular title I program.
(e) Participating schools must provide
information about the child centered program
and annual school report cards to parents of
eligible children, which shall include an
annual meeting with those parents.
Program Administration:
(a) A State may reserve 2 percent of funds
and a local educational agency may reserve 5
percent of funds for administration of the
child centered program, which may include the
provision of technical assistance.
(b) Each participating State and local
educational agency must submit an annual report
to the Secretary of Education regarding the
performance and achievement of children
receiving supplemental education services under
the program.
(c) Three years after a child center program
is established, the Secretary of Education will
review the performance of a participating State
or local educational agency and may terminate
the program if the agency has not made progress
towards meeting its objectives.
Evaluation: The Comptroller General will contract for
an annual evaluation of child centered programs. The
evaluation will include information regarding program
implementation, parental involvement and satisfaction,
and student educational achievement. The Comptroller
General will submit an interim report to Congress 3
years after enactment and a final report by March 1,
2006.
Funding: $15 billion is authorized to carry out all title
I, part A activities for fiscal year 2001, with ``such sums as
may be necessary'' authorized in the 4 succeeding fiscal years.
Part B--Even Start Family Literacy Program
The Even Start Family Literacy program is designed to
improve the educational opportunities for low-income families
by integrating early childhood, adult basic education, and
parenting
education into a unified family literacy program. The Secretary
of Education awards grants to State educational agencies
through a formula allocation. The State educational agencies
distribute the funds to local educational agencies that form a
collaboration with a community based organization, an
institution of higher education, or another agency or nonprofit
organization. This collaboration will provide joint education
programs to serve children and their parents.
Even Start program services must include adult literacy
instruction, early childhood education, instruction to help
parents support their child's education, staff training, and
home-based instruction. Child care and transportation may be
provided if these services are necessary and other funding
sources are not available.
Even Start grants are geared for areas with high rates of:
poverty, illiteracy, unemployment, families of limited-English
proficiency, or disadvantaged children. Grants are awarded for
a 4-year period and may be renewed for up to 4 additional
years. In 1998, several changes were made to the Even Start law
as part of the Reading Excellence Act. The changes primarily
focused on improving coordination between Even Start and other
literacy and early childhood programs.
The reauthorization bill strengthens current law by:
(a) increasing the authorization level to $500
million for fiscal year 2001;
(b) strengthening family literacy provisions;
(c) encouraging year-round programs; and
(d) conducting research on family literacy programs
and disseminating best practices information.
Part C--Education of Migratory Children
The Migrant Education program provides grants to State
educational agencies to develop or improve educational programs
for migrant students. Most migrant programs are administered by
local educational agencies and operate during both the regular
school year and in the summer. Priority for services is given
to current migrant students and to students who are failing, or
at greatest risk of failing, to meet State performance
standards.
Funds are distributed through a formula which is based on
the number of migrant children residing in the State. The
number is then adjusted to the average per-pupil expenditure
for both the State and the United States.
The bill builds upon current law to ensure that migratory
children have the opportunity to attain high levels of
educational excellence. The reauthorization bill:
(a) includes language ensuring that migratory
children who move among the States are not penalized in
any manner by disparities among the States in
curriculum, graduation requirements, and State student
performance and content standards;
(b) adds a provision which ensures that migratory
children receive full and appropriate opportunities to
meet the same challenging State content and performance
standards that all children are expected to meet;
(c) includes a requirement to have joint planning
efforts between migrant education programs and
bilingual education;
(d) includes provisions emphasizing the importance of
parental involvement and the parent advisory councils;
(e) establishes a national system for electronically
exchanging migrant student information which shall
include: immunization records and other health
information; elementary and secondary academic history
(including partial credit); credit accrual; and results
from State assessments; other academic information
essential to ensuring that migrant children achieve
high standards; and eligibility for services under the
Individuals with Disabilities Education Act.
A funding level of $400 million is authorized in fiscal
year 2001 to carry out title I, part C activities. Such sums as
may be necessary are provided for the 4 succeeding fiscal
years.
Part D--Parental Assistance
Purpose: It is the purpose of this part to provide
leadership, technical assistance, and financial support to
nonprofit organizations and LEAs to help implement successful
and effective parental involvement policies, programs, and
activities; strengthen partnerships among parents, teachers,
principals, administrators, and other school personnel; develop
and strengthen the relationship between parents and the
schools; further the developmental progress primarily of
children assisted in this part; and coordinate activities for
improved parental involvement.
Grant Program: The Secretary is authorized to award
competitive grants (while ensuring geographic distribution of
grants) to nonprofit organizations, or consortia of nonprofits
and LEAs to establish school-linked or school based parental
information and resources centers to provide training,
information, and support to parents of elementary and secondary
school students and to individuals who work with parents and
organizations that carry out parent education and family
involvement programs. School-linked and school-based programs
are not precluded from meeting with parents at sites off school
grounds. Nor does it preclude Parental Information and Resource
Centers from working with other agencies that serve families.
Agencies or organizations seeking grants must submit an
application to the Secretary which must include a broad range
of assurances. Each organization or consortium receiving a
grant will be government by a board of directors which includes
parents or organizations that represent parents. Grant funds
shall be used: to assist parents in participating effectively
in their children's education; to obtain information about the
range of options, programs, services, and resources available
at all levels of government to assist parents and school
personnel who work with parents; and to help parents learn and
use technology applied in their children's education. At least
one-half of the overall funding provided each fiscal year must
serve areas with high concentrations of low-income families.
The bill provides for continuation grants for currently funded
programs under the existing authority. Each grant recipient is
required to submit information to the Secretary, on an annual
basis, with information concerning the parental information and
resource centers assisted under this part.
Funding: A funding level of $50 million is authorized for
FY 2001 to carry out all title I, part D activities. Such sums
as may be necessary are provided for the 4 succeeding fiscal
years.
Part E--Evaluations and Demonstrations
The reauthorization bill retains the current law
provisions.
Part F--Comprehensive School Reform
The reauthorization bill includes the Comprehensive School
Reform program, often referred to as ``Obey-Porter.'' It
authorizes the Secretary to award grants to SEAs by formula to
enable them to make competitive grants to LEAs.
SEAs must submit applications to the Secretary that
describe items such as: process and selection criteria; how the
SEA will ensure that reforms are research-based programs; how
the SEA will evaluate the implementation of reforms and link
the reforms to student achievement; and how the SEA will make
available technical assistance to LEA or consortia. Subgrants
to LEA must be of sufficient size and scope to support the
initial costs for the plan selected or designed, in an amount
not less than $50,000, and renewable for two additional one-
year periods. The SEA must give priority consideration to LEAs
that plan to use the funds for schools identified as being in
need of improvement or corrective action and demonstrate a
commitment to assist schools with budget, professional
development, and other strategies to ensure reforms are
properly implemented and sustained. In order to receive funds,
LEAs must submit applications to the SEA for consideration.
LEAs shall provide funds to schools eligible for assistance
under part A to support a variety of reform activities.
Funding: A funding level of $200 million is authorized for
FY 2001 to carry out all title I, part F activities. Such sums
as may be necessary are provided for the 4 succeeding fiscal
years.
Part G--General Provisions
The reauthorization bill retains the current law general
provisions, with minor modifications.
Part H--Assistance to Address School Dropout Problems
Purpose: The bill establishes a new State formula grant
program designed to address school dropout problems. State
funds are to be awarded competitively to local schools to
support dropout prevention programs, to assist school reentry,
and to raise the academic achievement of all students.
Subpart 1--Coordinated National Strategy
The Secretary of Education is authorized to conduct
national activities including: (1) data collection regarding
participation in Federal dropout prevention and school reentry
programs; (2) establishment of an interagency working group to
address dropout prevention and school reentry issues; and (3)
creation of a national recognition program for schools that
have made extraordinary progress in lowering dropout rates.
Subpart 2--National School Dropout Prevention Initiative
State Formula Grants: Funds will be allocated to States
based on the title I formula. States receiving part H funds
must provide dropout rate information to the Secretary,
establish attendance-neutral funding policies, and adopt
suspension and expulsion policies.
States may award grants to public middle or secondary
schools that have dropout rates that are in the highest third
of dropout rates in the State for the purpose of supporting
dropout prevention programs. Eligible schools must serve
students 50 percent or more of whom are low-income or must
participate in a schoolwide program.
Grants may be awarded for up to five years. First-year
grants to schools may not be less than $50,000 or more than
$100,000--with grant amounts declining during each year of
participation in the program. Schools which create smaller
learning communities are eligible for a 10-percent increase in
the amount of their grant.
Strategies and Capacity Building: Schools must use grant
funds for research-based, sustainable, and widely replicated
strategies for dropout prevention and school reentry programs
serving the entire school population. The Secretary is to award
up to five contracts for a capacity building and design
initiative to increase these types of strategies. In addition,
the Secretary is authorized to offer support to entities with
experience in providing training and related assistance to
offer such assistance to schools receiving grant funds.
Subpart 3--Definitions; Authorization of Appropriations
A funding level of $5 million is authorized for fiscal year
2001 to carry out the national activities under Subpart 1. A
funding level of $145 million is authorized in fiscal year 2001
to carry out the national school dropout prevention initiative
authorized under Subpart 2--with $125 million to be used for
State formula grants and the remaining $20 million to be used
for strategies and capacity building initiatives. Such sums as
may be necessary are provided for the 4 fiscal years.
Title II--Teacher Quality
Part A--Teacher Empowerment
Purpose: To assist the efforts of States and local
educational agencies to increase student academic achievement
and student performance by improving teacher quality.
Subpart 1--Grants to States
State and Local Grant Funds: States are required to submit
applications to the Secretary of Education for approval. States
will receive not less than each received under fiscal year 2000
appropriations for the current Eisenhower Professional
Development Program and the Class Size Reduction initiative.
Funds remaining after meeting the base requirement would be
distributed by a formula in which 50 percent of the remaining
funds are distributed based on a State's relative poverty of
individuals (aged 5-17) and 50 percent based on a State's
relative school-aged (5-17) population. A State may reserve 10
percent of funds for State-level activities, and the remaining
90 percent of funds must be distributed to local educational
agencies and eligible partnerships. Ninety-five percent of the
funds made available to LEAs and eligible partnerships shall be
distributed by formula directly to the LEA, with 75 percent
based on relative poverty of individuals aged 5-17 and 25
percent based on relative school-aged population. The remaining
5 percent will be available to the State Agencies for Higher
Education (SAHEs) to distribute competitively to eligible
partnerships.
State and Local Programs: States must submit an application
to the Secretary to receive funds under this part. States may
use funds for a broad range of activities such as: reforming
teacher certification or licensing requirements; mentoring
programs; establishing, expanding, or improving alternative
routes to State certification of teachers; recruiting teachers
and principals; establishing reciprocity of teacher
certification among States; providing technical assistance and
services to LEAs or eligible partnerships; providing services
through technology and distance learning; supporting activities
to support teachers seeking national board certification from
the National Board for Professional Teaching Standards or other
recognized entities; and providing professional development
activities involving training in advanced placement
instruction.
LEAs must submit an application to the SEA to receive
funding under this part. LEAs must use a portion of funds for
professional development in math and science and a portion of
funds for professional development activities. LEAs may use
funds to carry out activities such as: recruiting teachers in
order to reduce class size; recruiting minorities and
individuals with disabilities into the teaching profession or
hiring special education teachers; providing signing bonuses;
establishing retention initiatives; undertaking teacher quality
initiatives such as professional development activities; and
providing teacher opportunity payments.
Professional development activities for teachers,
paraprofessionals, and principals shall be directly related to
the curriculum and academic subjects in which a teacher
provides instruction or be designed to enhance the ability of a
teacher, paraprofessional, or principal to understand and use
State standards for the academic subjects in which a teacher
provides instruction. If a State determines that an LEA has
failed to make progress during the fiscal year, the State shall
notify the LEA that the LEA shall be subject to Teacher
Opportunity Payments. An LEA receiving notice for 2 consecutive
years shall spend a portion of funds in the next succeeding
year for Teacher Opportunity Payments. Teacher Opportunity
Payments provide direct support to teachers to pursue the
professional development activities of their own choosing.
Subgrant to Eligible Partnerships: The SAHE, working in
conjunction with the SEA, shall award subgrants on a
competitive basis to eligible partnerships. Eligible
partnerships must include a private or State institution of
higher education and the division of that institution that
prepares teachers; a school of arts and sciences; and a high
need LEA. Eligible partnerships may also include other LEAs, a
public charter school, a public or private elementary school,
an educational service agency, a public or private nonprofit
education organization, other institutions of higher education,
a school of arts and sciences within such institutions, the
division that prepares teachers, a nonprofit cultural
organization, an entity carrying out a pre-kindergarten
program, a teacher organization, or a business. Partnerships
shall use funds for professional development for teachers,
paraprofessionals and, if appropriate, principals. Activities
must be coordinated with title II of the Higher Education Act,
if applicable.
National Activities: The Secretary may make grants to
eligible consortia on a competitive basis for Teacher
Excellence Academies; make a grant to the National Board for
Professional Teaching Standards to enable the Board to complete
a system of national board certification through fiscal year
2001; make grants to support activities to encourage and
support teachers seeking advanced certification or advanced
credentialing through high quality professional teacher
enhancement programs designed to improved teaching and
learning; award grants on a competitive basis to eligible
entities to support and promote the establishment of teacher
training programs relating to the core subject areas in math
and science; award grants or contracts to continue the
Eisenhower National Clearinghouse for Mathematics and Science
Education and expand the scope of the Clearinghouse. The bill
also includes an authorization for the Troops to Teachers
program.
Funding: A funding level of $2 billion is authorized for
this part for fiscal year 2001, of which $40 million will be
available to carry out subpart 4. The subpart authorizes such
sums as necessary for the remaining fiscal years 2002 through
2005.
General Provisions: This subpart contains definitions for
``arts and science,'' ``core academic subjects,'' ``highly
qualified,'' ``high need local educational agency,'' ``out-of-
field teacher,'' ``poverty line,'' and ``State.''
Part B--Leadership Education and Development Program
The reauthorization bill addresses the national need for
leadership training by including a competitive grant program
for leadership education and development and authorizes $100
million for the initiative. State education agencies,
institutions of higher education, local educational agencies,
and nonprofit educational organizations will be eligible to
apply for grants for the purpose of providing professional
development services for elementary and secondary school
educators, principals, superintendents, and others in
leadership positions within the state to develop and enhance
their leadership skills. Grant funds shall be used for
activities thatinclude: providing school leaders with effective
leadership, management, and instructional skills and practices;
enhancing and developing school management and business skills;
improving the understanding of the effective use of technology;
encouraging highly qualified individuals to become school leaders; and
establishing sustained and rigorous support for mentorship and
developing a network of school leaders within the state. In making
grants, the Secretary must give due consideration to equal
representation of rural and urban communities and school districts.
Part C--Reading Excellence Act
The reauthorization bill maintains the current program,
increases the authorization level to $280 million for fiscal
year 2001, and extends the authority for this program through
fiscal year 2005. Currently funded at $260 million, the
purposes of the program are: to provide children with the
readiness skills they need to learn to read once they enter
school; to improve the reading skills of students and the
instructional practices for current teachers; to expand the
number of high-quality family literacy programs; and to provide
early literacy intervention to children who are experiencing
reading difficulties in an effort to reduce the number of
students who are inappropriately referred to special education.
Part D--National Writing Project
The reauthorization bill moves National Writing Project
from title X, part K, to title II; updates provisions of the
program; and authorizes $15 million for fiscal year 2001 and
such sums as necessary for the 4 succeeding fiscal years.
Currently funded at $9 million, the National Writing Project
has as its primary purpose improving the quality of student
writing and learning and the teaching of writing as a learning
process in the Nation's classrooms. National Writing Project
has 161 sites in 47 states and has served over 2 million
teachers.
Part E--The New Century Program for Distributed Teacher Professional
Development
The reauthorization bill moves the current
``Telecommunications Demonstration Program for Mathematics''
(Mathline) from title III, part D, to title II and expands the
purposes of the program. It provides authority for the
Secretary to make grants to a nonprofit communications entity
or partnerships to carry out a national telecommunications-
based program to improve teaching in core curriculum areas. It
is designed to assist elementary and secondary school teachers
in preparing students for achieving State content standards.
The program will provide funds to deliver video and data in an
integrated service to train teachers in the use of standards
based curricula material appropriate for each State. The
Secretary must make grants in at least 15 States. It authorizes
$20 million for fiscal year 2001 and such sums as necessary for
the 4 succeeding fiscal years.
Part F--Digital Education Content Collaborative
The reauthorization bill authorizes a competitive grant
program to develop, produce, and distribute educational
material and instructional video programming that is designed
for use by kindergarten-through-grade-12 schools and is based
on State standards. The program will facilitate the development
of educational programming that shall: include student
assessment tools and built-in teacher utilization and support
components; be created for or adaptable to State content
standards; and be capable of distribution through digital
broadcasting and school digital networks. Authorizes $25
million for fiscal year 2001 and such sums as necessary for the
succeeding 4 fiscal years.
Title III: Enrichment Initiatives
Part A--21st Century Community Learning Centers
The reauthorization bill retains current law with respect
to 21st Century Community Learning Centers and is outlined
below. The only change made by this bill is an increase in the
authorized funding level to $500 million for fiscal year 2001
and such sums as necessary for the 4 succeeding years.
Purpose: The purpose of this part is to provide local
public schools with the opportunity to serve as centers for the
delivery of education and human resources for all members of
the community in order for schools to become lifelong learning
centers. Public schools, primarily in rural or inner city
communities collaborate with other public and nonprofit
agencies and organizations, local businesses, other educational
institutions, recreational, cultural, and other community and
human service entities to meet the needs of and expand the
opportunities available to, the residents of the communities.
Program: The Secretary is authorized to award grants to
rural and inner city public elementary or secondary schools, or
consortia of such schools, to plan, implement, or expand
projects that benefit the educational, health, social service,
cultural, and recreational needs of a rural or inner- city
community. The Secretary is required to ensure an equitable
distribution of assistance among the States, among urban and
rural areas of the United States, and among rural and urban
areas of a State.
Application and Use of Funds: The Secretary shall give
priority to applications describing projects that offer a broad
selection of services which address the needs of the community.
Grant funds may be used to plan, implement, or expand community
learning centers which include not less than 4 of the following
activities: literacy education programs; senior citizen
programs; children's day care services; integrated education,
health, social service, recreational or cultural programs;
summer and weekend school programs in conjunction with
recreation programs; nutrition and health programs; expanded
library service hours to serve community needs;
telecommunications and technology education programs for
individuals of all ages; parenting skills education programs;
support and training for child day care providers; employment
counseling, training, and placement; services for individuals
who leave school before graduating from secondary school; and
services for individuals with disabilities.
Part B--Initiatives for Neglected, Delinquent or At-Risk Students
The title I, part D, program for youth who are neglected,
delinquent, or at risk of dropping out primarily serves youth
who have been assigned to institutional facilities. The purpose
of the program is to provide those youth with the opportunity
to make a successful transition from institutionalization to
further schooling or employment. Most of the current law
provisions are retained in this bill.
Part C--Gifted and Talented Children
Overview
Under current law, the Javits Gifted and Talented program
provides grants to State educational agencies, local
educational agencies, institutions of higher education, and
other public and private agencies. These grants fund research,
demonstration projects, and training activities designed to
meet the special needs of gifted and talented students. The
present funding level is $6.5 million.
The reauthorization bill retains language from current law
regarding the establishment of a National Center for Research
and Development in the Education of Gifted and Talented
Children and Youth. Not more than 30 percent of the funds
appropriated for the overall Javits Gifted and Talented Program
may be used for the National Center.
Under the bill, once the appropriation for the Javits
Gifted and Talented program reaches $50 million, funding for
the program will be distributed by formula to the States and
competitively to local educational agencies and schools. If
funding levels fall below $50 million, the current law
provisions of the program will remain in effect.
The following provisions will take effect when funding for
the program exceeds $50 million:
Allotment to States: The Secretary will allot funds to each
State based on a ratio of a State's school-age population to
the school-age population of all States. A small State minimum
is also included which is \1/2\ of 1 percent. [When funds
appropriated for the program are less than $50 million, funds
shall be awarded on a competitive basis according to the
current law provisions.]
Grandfather Clause: All current grantees that have been
awarded funds under the Javits Gifted and Talented program will
continue to receive funds under the original terms of the grant
until the time period for that grant has expired.
State Applications: Any State seeking a grant must submit
an application which:
(1) designates the State educational agency as the
agency responsible for the administration of the
program, including public dissemination of data;
(2) contains an assurance that the State educational
agency will have the ability to provide matching funds
(in cash or in-kind);
(3) provides for a biennial submission of data
regarding the use of gifted and talented funds;
(4) provides an assurance that the SEA will keep
records and provide such information as the Secretary
requires;
(5) contains an assurance that there is compliance
with the requirements of this part;
(6) provides for timely public notice and public
dissemination of data.
State Uses of Funds: A State educational agency may use not
more than 10 percent of funding for the following activities:
(1) a peer review process for grant applications;
(2) supervision of the awarding of funds to
elementary schools, secondary schools, or consortia of
these schools;
(3) planning, supervision, and processing of funds
made available under this part;
(4) monitoring, evaluation, and dissemination of
programs and activities assisted under this part;
(5) providing technical assistance; and
(6) supplementing, but not supplanting, State and
local funds for the education of gifted and talented
students.
Parental Support: A State educational agency may use not
more than 2 percent of funding for support to parents of gifted
and talented children.
Distribution to Schools: A State educational agency shall
use not less than 88 percent of funds to award grants, on a
competitive basis, to elementary schools, secondary schools, or
consortia of schools.
Local Application Contents: Any elementary school,
secondary school, or consortium seeking a grant will include
the following information in its application:
(1) an assurance that funds received under this
program will be used to identify and support gifted and
talented students, including gifted and talented
students from all economic, ethnic, and racial
backgrounds, such as students of limited English
proficiency and students with disabilities; and
(2) a description of how the school or consortium
will meet the educational needs of gifted and talented
students, including the training of personnel in the
education of gifted and talented students.
Local Uses of Funds: A school or a consortium may use their
grant to carry out one or more of the following activities:
(1) professional development--developing and
implementing programs to address State and local needs
for inservice training activities for general
educators, specialists in gifted and talented
education, administrators, school counselors, or other
school personnel;
(2) identification of students--providing services to
gifted and talented students who may not be identified
and served through traditional assessment methods--
including educationally disadvantaged students,
students of limited-English proficiency, and
individuals with disabilities;
(3) model projects--supporting and implementing
innovative strategies such as cooperative learning,
peer tutoring, independent study, and adapted
curriculum used by schools or consortia; and
(4) emerging technologies--assisting schools or
consortia that do not have the resources to provide
courses through new and emerging technologies, which
may include distance learning curriculum. (No funds may
be used for the purchase or upgrading of technological
hardware).
Private School Children & Teachers Participation:
Consistent with current law, where appropriate, the Secretary
will ensure that there is equitable participation of students
and teachers in private, nonprofit elementary and secondary
schools, including the participation of teachers and other
personnel in professional development.
Establishment of a National Center: [This provision is also
contained in current law.]
National Center Purpose: The purpose of the National Center
for Research and Development in the Education of Gifted and
Talented Children and Youth is to develop, devise, disseminate,
and evaluate model projects and activities that serve gifted
and talented students; to conduct research; and to provide
technical assistance.
Center Establishment: The Secretary shall establish a
National center through grants orcontracts with 1 or more
institutions of higher education, State educational agencies, or a
consortia of such institutions and agencies. The Secretary may not use
more than 30 percent of funds made available to carry out the National
Center activities.
Grandfather Clause: [This is a new provision.] The current
National Center grantee will continue to be the grantee for the
duration of the current grant.
Part D--Arts in Education
Purpose and Program: The Arts in Education program is
currently funded at $11.5 million. The reauthorization bill
reauthorizes Subpart 1--Arts Education, and Subpart 2--Cultural
Partnership for Youth at Risk, and moves these provisions to
title III, part D. The program will continue to support:
activities that provide students opportunities to have the arts
as an integral part of the elementary and secondary school
curriculum; the important education programs of the John F.
Kennedy Center and the VSA arts program (formerly Very Special
Arts); and grants to improve the performance of at-risk youth
by providing comprehensive and coordinated educational and
cultural services. The draft proposal authorizes $25 million
for subpart 1 and $45 million for subpart 2 and maintains the
reservation of funds for the John F. Kennedy Center and the VSA
arts programs.
Part E--Advanced Placement Programs
Part E authorizes the Access to High Standards program, a
competitive grant program designed to: encourage more students
(especially low-income students) to take the advanced placement
(AP) exam; increase the availability of AP courses offered; and
broaden the range of schools offering AP courses. This program,
originally authorized as part of the Higher Education
Amendments of 1998, has been expanded and moved to the
Elementary and Secondary Education Act.
The Secretary is to give first priority to providing grants
to State educational agencies to enable them to cover all or
part of the costs of AP test fees for low-income individuals.
Seventy percent of any remaining funds will be allocated for
grants to State and local educational agencies to expand access
for low-income students to AP programs. Thirty percent of any
remaining funds will be used for grants to provide students
with on-line AP courses. A funding level of $50 million is
authorized for these activities in fiscal year 2001 and ``such
sums as may be necessary'' in the 4 succeeding fiscal years.
Title IV--Safe and Drug Free Schools
Part A--State Grants
Purpose: The purpose of this part is to support programs
that: prevent violence in and around schools; prevent the
illegal use of alcohol, tobacco and drugs; involve parents; and
are coordinated with related Federal, State, school, and
community efforts and resources. The goals of the
reauthorization bill are to: increase accountability and the
adherence to the Principles of Effectiveness; increase the use
of researched-based programs; provide States with greater
flexibility in preventing violence and drug use; increase
community participation in drug and violence prevention
programs; and maintain a viable program for all schools willing
to conduct proven research-based violence and drug abuse
prevention programs.
Funding: For fiscal year 2001, the bill authorizes $700
million for the State Grants Program, $150 million for National
Programs, and $75 million for the National Coordinator
Initiative.
State and Local Grants: States must submit applications to
the Secretary of Education. The application must include a
comprehensive plan for use of funds under the Governor's
program and the State Department of Education's program; a
needs assessment and results of ongoing State evaluation
activities; assurances that stakeholders were consulted;
measurable goals; a description of how the funds will be spent;
and a comprehensive plan for using and monitoring the funds
received under this Title. The State plan shall also include a
comprehensive plan for the Governor's Program by the chief
executive officer.
The reauthorization bill reserves 80 percent of the funds
to be available to States for state support and grants to LEAs.
State and local programs must implement activities that are
research-based initiatives, and States are required to
implement a uniform management and information reporting system
so that expenditures of these funds can be clearly tracked.
SEAs may use up to 5 percent of funds for technical assistance
and up to 5 percent for administration.
SEAs may choose between two options for allocating
remaining funds to LEAs: (1) provide at least 70 percent to
schools based on enrollment and up to 30 percent allocated at a
State's discretion or to schools the State determines to have
the greatest need; or (2) provide up to 70 percent on a
competitive basis to those schools with the greatest need,
determined by the state, and 30 percent to those schools the
state determines require additional help to run a program but
who might not meet ``greatest need'' criteria. This would allow
states to choose and define a competitive or baseline minimum
grant system and still allow them help those schools that could
not compete under that system, if they choose.
The reauthorization bill reserves 20 percent of a State's
allocation for Governors Programs of which not less than 95
percent of the funds must be used for research-based substance
abuse/violence reduction through a broad range of activities.
The bill allows Governors to directly add their money to the
funds being sent to schools and communities to serve out of
school youth and to undertake community mobilization activities
related to substance abuse and violence.
LEAs shall submit an application to the SEA which must
include a needs assessment; set measurable goals and
objectives; utilize effective research-based programs; ensure
participation of community groups; and include a program
evaluation. Funds shall be used for a comprehensive drug and
violence prevention program.
Evaluations and Reporting: The reauthorization bill
requires the Secretary of Education to consult with a newly
created National Advisory Committee in creating an evaluation
and requires the evaluation to determine whether funded
programs: conform to the Principles of Effectiveness; have
objectively measurable goals; target research-based programs
such as risk factors and/or protective factors/buffers or
assets; and reduce drug use, school violence, and the presence
of firearms at schools. The bill requires the Department of
Education, States, and the Governors to implement program and
financial monitoring and requires State reports every 2 years
to the Department of Education and annual reports to the States
from local schools.
Federal Activities: In addition to provisions contained in
the current law, the reauthorization bill adds service learning
programs to the list of uses of funds. The bill includes a new
section which authorizes the Secretary to award grants to local
education agencies for the hiring/training of drug prevention
and school safety program coordinators. In addition, the bill
creates a Safe and Drug Free Schools and Communities Advisory
Committee to: coordinate Federal drug and violence prevention
programs, develop core data sets and evaluation programs,
provide technical assistance and training, provide for the
diffusion of research-based programs, and review other
regulations and standards developed under this title. The
committee will include Department of Education, Center for
Disease Control, National Institute on Drug Abuse, National
Institute on Alcoholism and Alcohol Abuse, Center for Substance
Abuse Prevention, Center for Mental Health Services, Office of
Juvenile Justice and Delinquency Prevention, Office of National
Drug Control Policy, and State and local government education
agency representatives. The committee will annually consult
with State and local coordinators of school and community-based
substance abuse and violence prevention programs and other
interested groups.
Part B--Gun Possession
The Gun-Free Schools provisions currently contained in part
F of title XIV are transferred to part B of title IV. These
provisions require States receiving funds under ESEA to have
laws requiring local educational agencies to expel from school
for at least one year any student who brings a weapon to
school.
Part C--School Safety and Violence Prevention
Part C includes a number of new provisions and allowable
uses of funds related to school safety and violence prevention,
including:
School Safety and Violence Prevention: Provides that
federal funds provided under titles IV and VI of ESEA may be
used for training school personnel to identify potential
threats; to identify troubled youth; to make comprehensive
school security assessments; to purchase metal detectors,
locks, and surveillance cameras; to engage in collaborative
efforts with community-basedorganizations to reduce violence;
and to utilize other innovative programs to reduce school violence.
School Uniforms: Provides that nothing in the ESEA can be
construed to prohibit schools from establishing a school
uniform policy and allows funds provided under titles IV and VI
of ESEA to be used for establishing a school uniform policy.
Transfer of School Disciplinary Records: Requires States
receiving Federal funds under ESEA to establish a procedure by
which local educational agencies must transfer the suspension
and expulsion records of any student to any private or public
elementary or secondary school in which that student seeks
enrollment. This requirement does not apply to private schools.
Disclaimer on Materials Produced, Procured, or Distributed
from ESEA Funding: Requires that all materials produced,
procured, or distributed as a result of Federal funding through
ESEA contain a statement indicating that it has been made
available at the expense of the Federal government. The
statement must also indicate that any individual who objects to
the material or to representations made in it is encouraged to
contact the Department of Education. The address of the office
at the Department assigned to receive comments must also be
listed. Every 6 months, the Secretary is to summarize the
comments received and provide them to appropriate congressional
committees and to House and Senate leadership.
Background Checks: Amends the National Child Protection Act
of 1993 to specify that individuals who are employed, or seek
employment, with schools are included in the provisions of that
act relating to background checks.
Constitutionality of Memorial Services and Memorials at
Public Schools: Provides congressional findings that the saying
of a prayer, the reading of scripture, the performance of
religious music, and the design or construction of any memorial
which includes religious symbols and which is placed on school
grounds does not violate the First Amendment. In addition, it
ensures that anyone seeking to challenge such memorials as
unconstitutional must pay its own attorney's fees, and that the
Attorney General is authorized to provide assistance to any
school district defending the legality of the service.
Part D--Environmental Tobacco Smoke
The bill transfers to the Elementary and Secondary
Education Act the environmental tobacco smoke provisions
currently contained in part C of title X of the Goals 2000:
Educate America Act to part D of title IV. These provisions
prohibit smoking within any indoor facility used for the
provision of education, routine health care, day care, library
services, or early childhood development to children.
Title V--Educational Opportunity Initiatives
Part A--Technology Education
Purpose: The purpose of this part is to help all students
develop technical and higher order thinking skills and to
achieve challenging State academic content and performance
standards, as well as America's Education Goals, by providing
support to: help provide all classrooms with access to
educational technology; help ensure access to and the effective
use of educational technology in all classrooms through the
provision of sustained and intensive high quality professional
development that improves the ability of teachers and
principals to integrate educational technology effectively into
the classroom by actively engaging students, teachers,
paraprofessionals, media specialists, principals, and
superintendents in the use of technology; help improve the
capability of teachers and other appropriate school personnel
to design and construct new learning experiences using
technology; support efforts by SEAs and LEAs to create learning
environments designed to prepare students to achieve
challenging State academic content standards and performance
standards; support the provision of technical assistance to
SEAs, LEAs, and communities; support partnerships among
business and industry and the education community; support
evaluation and research in the effective use of technology in
preparing all students to achieve challenging State standards;
encourage collaborative relationships among the State Agency
for Higher Education, the State Library Administrative Agency,
the State telecommunications agency, and the SEA in the area of
technology support to strengthen the system of education to
ensure that technology is accessible to and usable by all
students; to support the development and use of education
technology to enhance and facilitate meaningful parental
involvement to improve student learning; and to assist every
student in crossing the digital divide by ensuring that every
child is computer literate by the time the child finishes 8th
grade, regardless of the child's race, ethnicity, gender,
income geography or disability.
Funding: A funding level of $815 million is authorized for
subparts 1, 2, and 3 for fiscal year 2001 and such sums as
necessary for the four succeeding fiscal years. Of that amount,
$5 million is available for federal leadership activities and
$10 million for Regional Technology in Education Consortia in
fiscal year 2001 not to exceed 2.5 percent of total
appropriations in the remaining fiscal years; 30 percent of the
remaining funds for Technology Innovation grants (competitive
grant) and 70 percent of the remaining funds for the Technology
Literacy Fund (formula program to States). It ensures that
under no circumstances would the formula grant program to
States receive less than it did in fiscal year 2000.
The reauthorization bill puts an emphasis on increasing the
use of education technology to provide professional development
opportunities for prospective teachers and current teachers, as
well as school leaders. It eliminates unfunded programs
[Product Development (current Subpart 4 of title III, part A)
and Elementary Mathematics and Science Equipment Program (title
III, part E)].
Part B--Star Schools
The purpose of the Star Schools program is to use
telecommunications to encourageimproved instruction in math,
science, and foreign languages as well as literacy skills and
vocational education to underserved populations. The program provides
5-year grants which can be renewed for a 3-year period. The
reauthorization bill authorizes a funding level of $50 million for
fiscal year 2001 and such sums as necessary for the 4 succeeding fiscal
years.
Part C--Magnet School Assistance
Magnet schools are public elementary schools or secondary
schools that offer a special curriculum which attracts
substantial numbers of students of different racial
backgrounds. The purpose of the Magnet Schools Assistance
program is to assist schools in increasing their racial,
economic, linguistic, or ethnic diversity between minority and
non-minority students and among students of different minority
groups. Magnet school projects help local educational agencies
implement systemic reform. A funding level of $125 million is
authorized to carry out this program in fiscal year 2001.
Part D--Public Charter Schools
Charter schools are public schools that are released from
various regulations that normally apply to public schools in
exchange for increased student performance accountability. The
Public Charter Schools program supports the establishment of
charter schools in states that have enacted state charter
school laws.
The Public Charter Schools program supports the design,
initial implementation, and evaluation of charter schools.
Under this grant program, funds are provided for up to three
years to State educational agencies to support eligible charter
schools within the State. The State educational agencies award
grants for planning, technical assistance, and dissemination. A
funding level of $175 million is authorized to carry out this
program in fiscal year 2001. The reauthorization bill extends
this program through fiscal year 2005.
Part E--Women's Educational Equity
The Women's Educational Equity Act (WEEA), currently
authorized as part B of title V of ESEA, is extended through
fiscal year 2005. WEEA provides grants for the operation of
programs promoting educational equity for women and girls.
Approximately two-thirds of WEEA funds are used to support
local projects. The remaining funds are used for technical
assistance, dissemination, and research and development. Fiscal
year 2000 funding for WEEA is $3 million. The proposed
reauthorization makes minor clarifying changes to the existing
law and provides an authorization level of $5 million in fiscal
year 2001.
Part F--Civic Education
The reauthorization bill merges the Civic Education program
currently authorized as part F of title X and the International
Education Exchange Program currently authorized under title VI
of Goals 2000: Educate America Act and extends the program
through fiscal year 2005. The proposal authorizes $10 million
for fiscal year 2001 for each component (domestic and
international).
The Civic Education program provides support for programs
related to instruction on the basic principles of our
constitutional democracy and the history of the Constitution
and the Bill of Rights. The program received $9.85 million in
fiscal year 2000.
The International Education Exchange program provides
support for education exchange activities in civics and
government education and in economic education between the
United States and eligible developing countries (i.e. Eastern
Europe, former republics of the Soviet Union). Its purpose is
to support democracy and free market economies. Grantees offer
exemplary curriculum and teacher training to educators from
eligible countries. They also sponsor seminars and site visits
and develop related programs for U.S. students. The program
received $7 million in fiscal year 2000.
Part G--Fund for the Improvement of Education
The Fund for the Improvement of Education (FIE), currently
authorized as part A of title X of ESEA, is substantially
streamlined and extended through fiscal year 2005. FIE
currently provides the Secretary with broad authority to
support nationally significant programs and projects designed
to improve the quality of education. Several specific programs,
such as character education, are also authorized under FIE.
Fiscal year 2000 funding for FIE is $243.9 million. This amount
includes $65 million for the comprehensive school reform
program, which is authorized in this bill as part F of title I.
The reauthorization bill specifies activities to be
supported by FIE to include: the identification of exemplary
schools and programs (such as Blue Ribbon Schools); the
development and evaluation of model strategies for professional
development for teachers and administrators (such as Christa
McAuliffe Fellowships); character education; the scholar-
athletes program; elementary school counseling demonstrations;
smaller learning communities; and the National Student and
Parent Mock Elections. A funding level of $100 million is
authorized for fiscal year 2001.
Part H--Allen J. Ellender Fellowship Program
The Allen J. Ellender Fellowship Program, currently
authorized as part G of title X, is extended through fiscal
year 2005. This program makes an award to the Close Up
Foundation to provide fellowships to students from low-income
families and their teachers to allow them to participate in one
week of seminars on government and meetings with
representatives of all three branches of the federal
government. Fiscal year 2000 funding for the program is $1.5
million. The reauthorization bill provides for a funding level
of $1.5 million for fiscal year 2001.
Part I--Ready to Learn Television
Purpose: The Ready to Learn Television program authorizes
the Secretary of Education to award grants or enter into
contracts or cooperative agreements to develop, produce, and
distribute educational and instructional video programming for
preschool and elementary school children and their parents.
Program: The reauthorization bill extends the current Ready
to Learn Television program through fiscal year 2005 with small
modifications. It makes funds available to local public
television stations to work in partnerships with SEAs, LEAs,
local schools, institutions of higher education, or community-
based organization to: develop educational programming and
accompanying support materials for preschool and elementary
school children; facilitate development of programming and
digital content over public television stations for parents and
caregivers; and widely distribute and disseminate programs.
Funds under this part may be used to: address the learning
needs of young children in limited-English-proficiency
households; develop programming and support materials to
increase family literacy skills; identify, support, and enhance
the effective use and outreach of innovative programs that
promote school readiness; and develop and disseminate training
materials.
Federal Funds: Currently funded at $16 million, the bill
increases the authorization of the program to $50 million for
fiscal year 2001.
Part J--Inexpensive Book Distribution Program
Purpose and Program: Funds made available under the
Inexpensive Book Distribution Program support ``Reading is
Fundamental'' (RIF), which is extended through fiscal year
2005. Currently funded at $20 million, RIF supports and
promotes programs, including the distribution of inexpensive
books to students, to motivate children to read. RIF is a
public-private partnership program that operates nationwide and
serves 3.5 million children annually in schools, child care
centers, libraries, hospitals, clinics, and homeless centers.
The reauthorization bill provides for funding level of $25
million for fiscal year 2001.
Title VI--Innovative Education
overview
The purpose of title VI, part A, Innovative Education, is
to provide funds to local educational programs for the
implementation of initiatives that support school improvement
and reform efforts with the goal of advancing student
performance. To accomplish the purpose of part A, States
allocate funds to local school districts for an array of
activities such as professional development, technology, and
library services.
The title VI, part A, reauthorization proposal expands the
current funding level for the Innovative Education Program
Strategies section. The new authorization of $850 million (for
fiscal year 2001) combines funds from Goals 2000 State Grants
Program (which is set to expire in the year 2000) and the
annual allocation for the authorized title VI program. The
appropriation for programs under the current title VI program
is $365.8 million.
A key change from current law is the inclusion in this
title of the Education Flexibility Partnership Act,
Consolidated State and Local Plan Applications, and Waivers of
statutory and regulatory requirements. These are provisions
relating to both flexibility and accountability which are
located in various titles of the current law and are now
consolidated under title VI.
The Rural Flexibility Act is a new title VI initiative. The
purpose of the Rural Flexibility proposal is to provide
adequate funding to rural school districts for improving
student performance. The Rural Flex initiative will enable
rural school districts to maximize their funding resources
which will assist in the implementation of education reform
strategies.
Another new flexibility initiative is contained in part G,
Education Performance Partnerships, which provides States with
the opportunity to combine federal education formula funds in
ways which will increase the academic achievement of their
students. In exchange for this broad flexibility, States must
demonstrate tough accountability. Participating States will
enter into performance partnership agreements with the
Secretary of Education.
Finally, part H, Academic Achievement for All
Demonstration, contains provisions that allows a State to
combine funds under a variety of federal formula grant programs
to use for any educational purpose permitted under State law.
Up to 15 States may participate in the demonstration program.
Participating States are to show results in improving the
academic performance of all students. The goals for improvement
and the means for achieving them are set by the States.
Part A--Innovative Education Program Strategies
Purpose: The purpose of title VI is to support education
reform efforts that are consistent with and support statewide
education reform initiatives. Grant funds are used to develop
and implement education programs to improve school, student,
and teacher performance, including professional development
activities and class-size reduction programs.
State and Local Responsibility: The administration of title
VI funds is handled by the State educational agencies. However,
the design and implementation of title VI activities are the
responsibilities of the local educational agencies, school
superintendents, principals, and teachers.
Federal Funding: A funding level of $850 million is
authorized to carry out the innovative education strategies
section of this part for fiscal year 2001 and such sums as
necessary for the 4 succeeding fiscal years.
Allotment to States: This is the same as current law. The
Secretary allots to each State an amount based on a ratio of a
State's school-age population to the school-age population of
all States. A small State minimum is also included, as in
current law, which is \1/2\ of 1 percent.
Allocation to Local Educational Agencies: The
reauthorization maintains the current law provisions.
State Use of Funds: A SEA may use funds for: State
administration of programs; support for planning, designing,
and initial implementation of charter schools; support for the
design and implementation of high-quality yearly student
assessments; support for implementation of State and local
standards; and technical assistance and direct grants to LEAs
and statewide education reform activities, including effective
schools programs, which assist LEAs to provide targeted
assistance.
State Applications: Any State submitting an application to
the Secretary will provide assurances that, other than
technical assistance and monitoring compliance, the State
educational agency will not influence the decision making
processes of local educational agencies as to how the local
educational agencies will spend the funds received under this
title.
Local Uses of Funds: Title VI funds allocated to local
educational agencies shall be used for innovative assistance
and requires all title VI, part A programs and activities to be
tied to promoting high academic standards, to be used to
improve student performance, and to be part of an overall
education reform strategy. Innovative assistance includes:
(1) programs for the acquisition and use of
instructional and educational materials, including
library services and material (including media
materials), assessments, and other curricular
materials;
(2) programs to improve teaching and learning,
including professional development activities, that are
consistent with comprehensive State and local systemic
education reform efforts;
(3) activities that encourage and expand improvement
throughout the LEA that are designed to advance student
performance;
(4) initiatives to generate, maintain, and strengthen
parental and community involvement;
(5) programs to recruit, hire, and train certified
teachers (including teachers certified through State
and local alternative routes) in order to reduce class
size;
(6) programs to improve the academic performance of
educationally disadvantaged elementary school and
secondary school students, including activities to
prevent students from dropping out of school;
(7) programs and activities that expand learning
opportunities through strategic research designed to
improve classroom learning and teaching;
(8) programs to combat both student and parental
illiteracy;
(9) technology activities related to the
implementation of school-based reform efforts,
including professional development to assist teachers
and other school personnel (including school library
media personnel), regarding how to effectively use
technology in the classroom and the school library
media center;
(10) school improvement programs or activities
relating to the title I assessment;
(11) programs to provide for the educational needs of
gifted and talented children;
(12) programs to provide same gender schools and
classrooms, if equal educational opportunities are made
available to students of both sexes as consistent with
the United States Constitution;
(13) service learning activities; and
(14) school safety programs.
Local Applications: A local educational agency or
consortium of agencies seeking title VI funds will include in
their applications information including:
(1) a description of the programs, projects, and
activities that will be funded and the planned
allocation of funds;
(2) a description of how title VI projects will
contribute to improving student achievement or
improving the quality of education for students;
(3) assurances of compliance regarding the
participation of children enrolled in private,
nonprofit schools.
(4) a description of how parents, teachers, school
personnel, and administrative personnel will be
involved in the design, planning, and implementation of
title VI initiatives;
Local Educational Agency Discretion: A local educational
agency receiving funds under title VI will have complete
discretion in determining how funds will be divided among the
areas of targeted assistance. The local educational agency will
ensure that the schools meet the educational needs of the
students served by the schools receiving title VI funds.
Part B--Rural Flexibility Act
The purpose of this part is to provide adequate funding to
rural school districts to enhance their ability to recruit and
retain teachers, strengthen the quality of instruction, and
improve student achievement. Subpart I, the Rural Educational
Achievement Program, permits rural school districts with
enrollments of fewer than 600 students to combine funds from
titles II, IV, and VI and apply these funds toward local
initiatives designed to improve student achievement. In
addition, participating local educational agencies are eligible
to receive a supplemental grant that, when combined with other
Federal dollars, will enable these small rural schools to offer
programs and activities of sufficient size, scope, and quality
to have a significant impact upon student and school
performance. Subpart II, the Low-Income and Rural School
Program, is designed to meet the needs of rural school
districts serving large numbers of disadvantaged students.
Local educational agencies residing in rural communities are
eligible to receive funds from this program if 20 percent of
the children they serve are from families living below the
poverty level. A funding level of $125 million is authorized to
support these programs during fiscal year 2001.
Part C--Education Flexibility Partnership Act
The Education Flexibility Partnership Act allows State
educational agencies the flexibility to waive certain Federal
requirements, along with related State requirements, for the
purpose of raising the achievement of all students. The
provisions of Public Law 106-25, which was signed into law last
year as a free-standing bill, are incorporated into title VI.
Part D--Flexibility in the Use of Administrative and Other Funds
Consolidation of State and Local Administrative Funds: A
State educational agency may consolidate administrative funds
for one or more of the activities specified below provided that
the State educational agency can demonstrate that the majority
of such agency's resources come from non-Federal sources. These
programs include:
(1) all title 1 programs;
(2) administration of this title;
(3) establishment and operation of peer-review
mechanisms under ESEA; and
(4) dissemination of information regarding model
programs and practices.
Consolidated Administrative Recordkeeping: A State
Educational Agency that consolidates administrative funds will
not be required to keep separate records, by individual
program, to account for administrative costs.
Review of Consolidated State Administrative: To determine
the effectiveness of State educational agencies consolidating
administrative funds, the Secretary may periodically review the
performance of State educational agencies.
Consolidation of Local Administrative Funds: In accordance
with regulations, a local educational agency, with the approval
of its State educational agency, may consolidate 1 or more of
the programs outlined under ``Consolidation of State and Local
Administrative Funds.''
Availability of Unneeded Program Funds: With the approval
of the State educational agency, a local educational agency
that determines for a fiscal year that funds from programs
listed under ``Consolidation of State and Local Administrative
Funds'' (other than funds from part A of title I) are not
needed to carry out that program may use up to five percent of
those funds to carry out one of the other programs listed under
``Consolidation of State and Local Administrative Funds.''
Part E--Consolidated Plans
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.
Integration of State Plans: State educational agencies may
integrate the following programs into one plan. These include:
(1) Part A of Title I--Helping Disadvantaged Children
Meet High Standards;
(2) Part C of Title I--Education of Migratory
Children;
(3) Title II--Professional Development;
(4) Title IV--Safe and Drug Free Schools; and
(5) Part A of this Title--Innovative Education
Program Strategies;
Integration of Local Plans: Local educational agencies may
integrate the following programs into one plan:
(A) Part A of Title I--Helping Disadvantaged Children
Meet High Standards;
(B) Title II--Professional Development;
(C) Title IV--Safe and Drug Free Schools;
(D) Part A of this Title--Innovative Education
Program Strategies.
Part F--Waivers
Waivers: A State educational agency, local educational
agency, or Indian tribe which seeks 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 student academic performance;
(c) if applicable, describe 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 to achieve
improvement in student academic performance or increase
the quality of instruction for students;
(d) describes specific, measurable, educational
improvement goals, and expected outcomes for all
students;
(e) describes the methods to be used to measure
progress in meeting the 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.
Requirement for State Educational Agencies: In seeking a
waiver, a State educational agency will provide all interested
local educational agencies and the public with notice and the
opportunity to comment and submit the comments to the
Secretary.
Local Educational Agencies: A waiver sought by a local
educational agency will be reviewed by the State educational
agency. In addition, the local educational agency will provide
the opportunity for notice and comment to the public.
Restrictions: Waivers will not be granted relating to the
following:
(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
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
teachers and students;
(6) parental participation and involvement;
(7) civil rights requirements;
(8) requirements for a charter school;
(9) prohibitions on the use of funds for religious
worship or instruction; and
(10) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that a State educational agency may grant a
waiver to allow a school attendance area or school to
participate in activities under part A of title I if
the percentage of children from low-income families in
the school attendance are of such school or who attend
such school is not less than 10 percentage points below
the lowest percentage of such children for any school
attendance are or school of the LEA that meets the
requirements of such subsections (a) and (b).
Duration and Extension of Waiver: The duration of a waiver
approved by the Secretary may be for a period not to exceed
three years. The Secretary may extend the period if the
Secretary determines that 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 that such
an extension is in the public interest.
Part G--Education Performance Partnerships
Part G of title VI provides States with the opportunity to
combine the funds they receive from federal education formula
grants to tailor activities designed to increase student
performance. In exchange for this increased flexibility, States
must demonstrate progress in increasing academic achievement
and in narrowing the gap between the lowest and highest
achieving students. States that participate would enter into a
performance partnership agreement with the Secretary of
Education which includes student performance goals for the 5-
year term of the agreement. If a State chooses not to
participate, any local educational agency in that State may do
so.
This approach maintains the traditional federal role of
targeting of assistance towards low-income students served
under title I by providing that any State which includes part A
funds in its performance partnership must maintain the current
formula for distributing those funds to schools and school
districts.
Part G also establishes a $2.5 billion bonus award fund.
Bonuses would be provided to those States which make
significant progress in eliminating achievement gaps over a 5-
year period. All States would be eligible to compete for bonus
awards--whether or not they choose to enter into performance
partnership agreements.
Part H--Academic Achievement for All Demonstration
Part H of title VI establishes a demonstration program
which permits a State to combine funds under a variety of
federal formula grant programs to use for any educational
purpose permitted under State law. Up to 15 States may
participate in the demonstration program. If a State chooses
not to participate, any local educational agency in that State
may do so.
Participating States are to show results in improving the
academic performance of all students. The goals for improvement
and the means for achieving them are set by the States and are
described in a performance agreement.
A State which elects to include funds from part A of title
I in its agreement must assure that each local educational
agency in the State will receive no less in Title I funds than
the agency received in the fiscal year preceding the State's
entry into the demonstration program. Otherwise, the
distribution of funds from programs included in the performance
agreement within the State will be determined either by the
Governor and State legislature or by the individual or entity
responsible for education under State law.
A State which makes substantial reductions in achievement
gaps by the end of the 5-year term of the agreement will be
eligible for a performance reward equal to 5 percent of the
funds allocated to the State for the first year of the
performance agreement for programs included in the agreement.
Funding for the reward program is to be provided under the Fund
for the Improvement of Education.
Title VII--Bilingual Education, Language Enhancement, and Language
Acquisition Programs
Part A--Bilingual Education
The Bilingual Education program is designed to provide
educational assistance to students with limited English
proficiency. Funds awarded under this program help students
with limited English proficiency to meet challenging State
content and performance standards. The reauthorization bill
makes several changes to the Bilingual Education program. The
key program changes are--
Funding: $300 million has been authorized for fiscal
year 2001.
Program Development and Implementation Grants: This
program has been repealed and the purposes of this
initiative have been woven into other programs under
this subpart.
Program Enhancement Projects: The uses of funds
section has been modified. Grants will be used for:
developing, implementing, expanding, or enhancing
comprehensive preschool, elementary, or secondary
education programs for limited English proficient
children and youth; providing high quality professional
development; annually assessing the English proficiency
of all limited English proficient students. In awarding
grants, the Secretary may give priority to an entity
that serves a school district that has: a total
district enrollment that is less than 10,000 students;
a large percentage or number of limited English
proficient students; and limited or no experience in
serving English proficient students.
Comprehensive School and Systemwide Improvement
Grants: These are two separate programs under current
law. The bill combines both initiatives into one grant
program. Grants awarded under this section will be used
for: improving instructional programs for limited
English proficient students; training school personnel
and community-based organization personnel to improve
the instruction and assessment of limited-English
proficient students; implementing family education or
parent outreach programs; annually assessing the
English proficiency of all limited English proficient
students; and developing or improving accountability
systems to monitor the academic progress of limited
English proficient students. Grantees who received
funds prior to the date of enactment of this bill will
continue to be funded for the duration of their grants
under the terms of current law. One-third of the grants
awarded under this section will be awarded to school
districts and two-thirds will be used for school
activities.
Priority for All Subpart 1 Grants (Bilingual
Education Capacity and Demonstration Grants): In
awarding grants, the Secretary shall give priority to
an applicant who: experiences a dramatic increase in
the number or percentage of limited English proficient
students enrolled in the applicant's program and has
limited or no experience in serving limited English
proficient students; is a local educational agency that
serves a school district that has a total district
enrollment that is less than 10,000 students;
demonstrates that the applicant has a proven record of
success in helping limited English proficient students;
proposes programs that provide for the development of
bilingual proficiency both in English and another
language for all participating students; or serves a
school district in which a large percentage or number
of limited English students is enrolled. In addition,
the 25-percent limitation for special alternative
programs has been deleted.
State Grant Program: The State grant program assists
local educational agencies with program design,
capacity building, assessment of student performance,
and programevaluation. The bill increases the minimum
funding level from $100,000 to $200,000.
Part B--Foreign Language Assistance
The Foreign Language Assistance Program provides
competitive grant assistance to State or local educational
agencies to provide foreign language study for elementary and
secondary school students. Incentive payments are authorized as
well for schools that offer programs designed to lead to
communicative competency in a foreign language. The
reauthorization bill extends this program through fiscal year
2005 and adds provisions giving special consideration to grant
applications which make effective use of technology, promote
innovative activities, or are carried out through a consortium
including the grantee and an elementary or secondary school. A
funding level of $35 million is authorized for fiscal year
2001.
Part C--Emergency Immigrant Education
The Emergency Immigrant Education program provides funds to
local educational agencies that experience unexpectedly large
increases in their student populations due to immigration to
assist with the education of those students. The fiscal year
2001 authorization level is $200 million.
Title VIII--Impact Aid
Impact Aid programs provide assistance to school districts
that are financially burdened as a result of activities of the
federal government for the education of federally connected
children or due to the presence of federal property. Total
funding for impact aid programs in fiscal year 2000 is $906.5
million.
Federal Property: The reauthorization bill maintains the
current structure for providing payments to school districts
due to federal ownership of property. The existing hold-
harmless provisions are replaced with new provisions dealing
with the distribution of funds if appropriations are
insufficient. The bill also seeks to avoid payment delays by
requiring the Secretary to make a preliminary payment of 60
percent of the amount received by a local educational agency in
the previous year no later than 60 days following enactment of
appropriations (provided that the LEA has submitted all data
necessary for computation of its payment). It addition, it
establishes a 5-year time frame following Federal acquisition
of property in which districts may apply for payments. A
funding level of $35 million is authorized in fiscal year 2001
for Federal property payments.
Basic Payments: The reauthorization bill increases from .10
to .25 the weight assigned to children who have a parent who is
on active duty in the uniformed services or is an official of a
foreign government and is a foreign military officer, but do
not reside on Federal property. A hold-harmless provision is
included to assure that other LEAs do not lose funds due to
this weight adjustment.
The bill also institutes a maximum 3-year time limit for
current law provisions which permit military dependents living
off-base to be counted as on-base students in situations where
their base housing is being renovated and would clarify that
the rebuilding of on-base housing will be treated in the same
manner as renovation. In addition, it permits military
dependents to be counted as on-base students if they reside in
housing initially acquired or constructed under the ``Build to
Lease'' program if the property is within the fenced security
perimeter of the military facility. If the property is subject
to taxation, the impact aid payment to the LEA will be reduced
by the amount of revenues received from the property taxes.
The bill folds payments to heavily-impacted districts into
the basic payments structure, consistent with the provisions of
a pilot program which has been in operation for the past two
years. A separate authority for additional funds for federally
connected children with disabilities is maintained.
A funding level of $875 million is authorized in fiscal
year 2001 for basic payments, and $60 million is authorized for
payments on behalf of children with disabilities.
Construction/Modernization: The current construction
authority is expanded to provide assistance for schools serving
large proportions of federally connected students in districts
which have no bonding authority or are at their limit for
bonded indebtedness. A funding level of $62.5 million is
authorized in fiscal year 2001. In addition, a funding level of
$7 million is authorized for fiscal year 2001 for school
facilities owned by the Department Education which are used to
educate federally connected military students.
Unfunded Programs: Unfunded authorities for special
additional payments for LEAs with high concentrations of
children with severe disabilities and for sudden and
substantial increases in attendance of military dependents are
repealed.
Title IX--Indian, Native Hawaiian, and Alaska Native Education
The purpose of title IX is to modify and improve the
educational services provided for American Indian, Alaska
Native, and Native Hawaiian students. The reauthorization bill
continues to make grants available to schools operated or
supported by the Bureau of Indian Affairs and allows local
educational agencies to provide an increased range of services
to include those that: (1) promote the incorporation of
culturally responsive teaching and learning strategies; (2)
incorporate American Indian and Alaska Native specific
curriculum content into the curriculum; (3) promote
coordination among tribal, Federal, and State public schools in
areas that will improve education; and (4) offer family
literacy activities. The reauthorization bill gives local
educational agencies which receive formula grants under part A
the ability to commingle all of the federal funding they
receive for educating Indian children, regardless of which
agency provides it, into 1 coordinated, comprehensive program
to meet the specific needs of Indian children. The
reauthorization bill also authorizes the provision of family
literacy services for Indian, Native Hawaiian, and Native
Alaskan students, limits administrative costs to 5 percent, and
consolidates a number of programs under PartB: Native Hawaiian
Education and Part C: Native Alaskan Education.
Title X--General Provisions
The reauthorization bill contains a separate part
pertaining to evaluation and dissemination of all elementary
and secondary education programs funded under the Elementary
and Secondary Education Act. Components include requiring the
Secretary of Education to: carry out comprehensive evaluations
of all programs and demonstration projects; evaluate the cost-
efficiencies of Federal elementary and secondary education
programs; assess the impact of programs in relation to student
and school performance; and disseminate broadly the results of
these evaluations.
In addition, the bill requires that the Secretary provide
for a study conducted by the National Academy of Sciences
regarding the relationship between time and learning which
shall include an analysis on the impact of increasing education
time on student learning; an analysis of how schools, teachers,
and students use time and the quality of instructional
activities; an analysis of how time outside of school may be
used to enhance student learning; and cost estimates for
increasing time in school.
The bill reauthorizes America's Education Goals Panel
(formerly the National Education Goals Panel), and the Panel
will work with the Secretary of Education to disseminate
information regarding best practices. To ensure that all
students have access to high quality continuing education or
service opportunities, the bill contains a provision that
states that nothing in the Act shall be construed to prohibit
recruiters for the Armed Forces of the United States from
receiving the same access to secondary school students or
directory information as is provided to postsecondary
educational institutions or prospective employers of school
student.
Title XI--Amendments to Other Acts
Part A--Repeals
The Goals 2000: Educate America Act is repealed, as is the
Advanced Placement Incentive Program currently authorized as
Part B of Title VIII of the Higher Education Amendments of
1998. The Advanced Placement program is replaced with new
provisions included in the new part E of title III of the
Elementary and Secondary Education Act.
Part B--Education for Homeless Children and Youth
The Education for Homeless Children and Youth program
authorized as Subtitle B of the Stewart B. McKinney Homeless
Assistance Act is extended through fiscal year 2005. The
program provides assistance for: the establishment of Offices
of Coordinator of Education of Homeless Children and Youth in
States; the development and implementation of State plans for
the education of homeless children; and support to local
educational agencies for the education of these children. The
reauthorization bill strengthens provisions of the current law
designed to avoid segregating homeless students, to maintain a
child's attendance at his or her school of origin, to avoid
enrollment delays, and to assure that the quality of an
application is considered in the provision of subgrants to
local educational agencies. A funding level of $40 million is
authorized for fiscal year 2001.
Part C--Albert Einstein Distinguished Educators
The Albert Einstein Distinguished Educator Fellowship
program is extended through fiscal year 2005. This program,
which is administered by the Secretary of Energy, provides
fellowships for elementary and secondary school mathematics and
science teachers. Einstein Fellows work for ten months in
positions in the Department of Energy, the Senate, the House,
the Department of Education, the National Institutes of Health,
the National Science Foundation, the National Aeronautics and
Space Administration, and the Office of Science and Technology
Policy. A funding level of $700,000 is authorized for fiscal
year 2001.
General Notes:
(1) The term ``research-based'' is used throughout the bill
and is defined as follows: ``The term `research-based' used
with respect to an activity or a program, means an activity
based on specific strategies and implementation of such
strategies that, based on theory, research, and evaluation, are
effective in improving student achievement and performance and
other program objectives.''
(2) Throughout the bill, specific funding levels are
authorized for fiscal year 2001, and ``such sums as may be
necessary'' are authorized for the 4 succeeding fiscal years.
II. Background and Need for the Legislation
The Federal Government's involvement in elementary and
secondary education began with the enactment of the Northwest
Ordinance of 1787, one of the first laws passed by the
Continental Congress. The Northwest Ordinance required each
township within the territory to reserve one square mile for
the establishment of public schools. Under the Northwest
Ordinance law, 77 million acres of land were set aside for
public education.
178 years after passage of the Northwest Ordinance, the
Congress of the United States determined that the Federal
Government should develop legislation that would strengthen and
improve educational opportunities for elementary and secondary
school students. That determination evolved into congressional
passage and enactment of the Elementary and Secondary Education
Act of 1965.
The Elementary and Secondary Education Act of 1965, which
has been amended severaltimes during its 35 year history,
continues to be the foundation for most of the Federal programs and
activities related to elementary and secondary education. That
foundation has been built on the belief that federally authorized
programs help to strengthen and improve educational quality and
opportunities to elementary and secondary school students.
Currently, the Federal Government sends each State an
estimated 7 cents on the dollar for education services. Those 7
cents are a very important contribution to the State and local
education systems that exist throughout the Nation. Over the
last decade, Federal funds have been especially helpful in
assisting State development of school reform strategies that
will enable all students to meet challenging standards.
Although some progress is visible regarding student
performance improvement, we have a long way to go to ensure
that all students have the knowledge and skills necessary to
compete in a global economy. To accomplish such a task, the
Federal, State, and local governments must join together to
establish programs that will provide all students with the
opportunity to obtain a high quality education.
The Educational Opportunities Act, S. 2, strengthens the
title I reform process initiated in 1994 which emphasizes the
establishment of high standards and aligned assessments
designed to measure progress toward those standards. This
legislation increases high quality professional development
opportunities for teachers and other school leaders. S. 2 also
creates activities designed to enhance the important
partnership between parents and their local schools, and will
help local schools provide safe and drug-free learning
environments. Finally, S. 2 increases State and local
flexibility in the use of Federal funds in exchange for greater
accountability.
S. 2 offers States and local school districts a positive
framework for creating a first rate education delivery system.
This legislation provides mechanisms to give our children the
quality education they need to succeed in an increasingly
competitive world.
III. Legislative History and Committee Action
The Educational Opportunities Act, S. 2, was introduced by
Senators Jeffords, Gregg, Lott, McCain, Mack, Coverdell, Hagel,
and Landrieu on January 19, 1999.
In December 1998, the committee held the first of 24
hearings on issues related to the reauthorization of the
Elementary and Secondary Education Act (ESEA). All hearings
were held by the full committee, including 3 field hearings and
a joint hearing with the House Committee on Education and the
Workforce. Committee ESEA hearings include:
December 4, 1998
Are Our Children Ready to Learn? (S. Hrg. 105-772)
Purpose: Examining early childhood education and related
services.
December 11, 1998
The Price We Pay for Illiteracy (S. Hrg. 105-787)
Purpose: Examining educational goals, focusing on literacy.
January 26, 1999
Improving Educational Opportunities: Senators' Perspectives (S.
Hrg. 106-1)
Purpose: Examining proposals by several members of the Senate
to improve ESEA programs.
February 9, 1999
Department of Education Elementary and Secondary Education
Proposals (S. Hrg. 106-30)
Purpose: Examining proposed legislation authorizing funds to
extend programs and activities under ESEA of 1965.
February 23, 1999
Education Reform: Governors' Views (S. Hrg. 106-4)
Purpose: Examining ESEA reform initiatives at the state level
and the view of state governors on the proper role of
the federal government.
March 16, 1999
Educating the Disadvantaged (S. Hrg. 106-23)
Purpose: Examining legislation authorizing funds for ESEA,
focusing on Title I, education programs for the
disadvantaged.
April 7, 1999 (Winooski, VT)
Reauthorization of the ESEA (S. Hrg. 106-62)
Purpose: Examining issues and programs related to the
reauthorization of ESEA.
April 14, 1999
What Works: Education Research (S. Hrg. 106-28)
Purpose: Examining education research issues, including
research support, vehicles for dissemination, education
improvement, education policy and practice, and the
impact of education research on overall school and
student performance.
April 19, 1999 (Montpelier, VT)
Reauthorization of the ESEA: A Focus on Professional
Development (S. Hrg. 106-36)
Purpose: Examining the effectiveness of professional
development programs authorized under ESEA.
April 22, 1999
Education Technology (S. Hrg. 106-78)
Purpose: Examining legislation authorizing funds for ESEA,
focusing on educational technology programs.
April 29, 1999
Retention and Social Promotion (S. Hrg. 106-54)
Purpose: Examining legislation authorizing funds for programs
of ESEA, focusing on retention and social promotion.
May 6, 1999
ESEA: Safe Schools (S. Hrg. 106-142)
Purpose: Examining legislation authorizing funds for programs
of the ESEA, focusing on safety programs.
May 10, 1999 (Bennington, VT)
Reauthorization of the ESEA: Innovative Programs (S. Hrg. 106-
73)
Purpose: Examining the federal role in our education delivery.
What is working? What is Not? What can we do better?
May 12, 1999
ESEA Title I: Evaluation & Reform (S. Hrg. 106-51)
Purpose: Examining legislation authorizing funds for programs
of the ESEA, focusing on the Title I Program, helping
disadvantaged children meet high standards, including
issues as accountability, targeting assistance to low-
come students, allocating resources for early childhood
initiatives and making Title I a portable entitlement.
May 18, 1999
ESEA Educating the Forgotten Half (S. Hrg. 106-59)
Purpose: Examining various strategies for transforming the
forgotten half into the indispensable foundation of the
21st century workforce and for making secondary
education the centerpiece of those strategies.
May 20, 1999
ESEA: From Tales To Tape (S. Hrg. 106-149)
Purpose: Examining legislation authorizing funds for programs
of the ESEA.
June 10, 1999
ESEA: Special Populations (S. Hrg. 106-77)
Purpose: Examining legislation authorizing funds for programs
of the ESEA, focusing on special populations, and S.
505, to give gifted and talented students the
opportunity to develop their capabilities.
June 17, 1999 (Joint Hearing with House Committee on Education
and the Workforce)
ESEA: Federal Education Research and Evaluation Efforts (S.
Hrg. 106-128)
Purpose: Examining legislation authorizing funds for programs
of the ESEA, focusing on research and evaluation.
June 22, 1999
Professional Development in ESEA (S. Hrg. 106-83)
Purpose: Examining proposed legislation authorizing funds for
programs of the ESEA, focusing on professional
development for teachers.
June 23, 1999
ESEA: Title VI and Class Size Reduction (S. Hrg. 106-101)
Purpose: Examining the legislation authorizing funds for
programs of the ESEA, focusing on Title VI, innovative
education program strategies.
June 29, 1999
ESEA: Arts Education and Magnet Schools (S. Hrg. 106-84)
Purpose: Examining proposed legislation authorizing funds for
programs of the ESEA, focusing on arts education and
magnet schools.
June 30, 1999
ESEA: Facilities (S. Hrg. 106-153)
Purpose: Examining proposed legislation authorizing funds for
programs of the ESEA, focusing on school facilities.
July 13, 1999
ESEA: Drug Free Schools (S. Hrg. 106-178)
Purpose: Examining proposed legislation authorizing funds for
programs of the ESEA, focusing on safe and drug free
schools.
July 20, 1999
ESEA: Improving Use of Funds (S. Hrg. 106-185)
Purpose: Examining proposed legislation authorizing funds for
programs of the ESEA, focusing on improving the use of
funds provided under the Act.
executive session
On March 1, 7, 8, and 9, 2000, the committee met in
executive session to consider S. 2. At the outset of the
executive session, Senator Jeffords introduced a complete
substitute for S. 2, which served as original text for purposes
of further amendment. The committee took action on 38
amendments, adopting 17 of them and defeating the remaining 21.
Thirty-four other amendments were filed, but were either not
offered or were withdrawn. The bill as amended was adopted by a
roll call vote of 10 yeas to 8 nays.
votes taken during executive session
Twenty-three roll call and 13 voice votes were taken during
committee consideration of S. 2, as follows:
1. Senator Kennedy offered an amendment to strike the
Teacher Empowerment (Title II, Part A) provisions and
substitute provisions authorizing $2 billion for activities
under 4 subparts: Grants to States and LEAs (subpart 1);
National Activities for the Improvement of Teaching and School
Leadership (subpart 2); Transitions to Teaching (subpart 3);
and Hometown Teachers (subpart 4). Under the amendment, a
specific percentage of funds would be allocated for activities
including: 56 percent for professional development activities;
30 percent for teacher recruitment; and 4 percent for the State
Agency for Higher Education for recruitment partnership grants.
The amendment also proposed an increase in the current law set-
aside for professional development in math and science from
$250 million to $300 million. The amendment was defeated by a
roll call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
2. Senator Gregg offered an amendment to establish an
Academic Achievement for All Demonstration program as a new
Part H of Title VI. Under the demonstration program, up to 15
States would be permitted to combine funds under a dozen
Federal education formula grant programs to use for any
educational purpose permitted under State law. Participating
States must show results in improving the academic performance
of all students during the 5-year term of the performance
agreement. If a State chooses not to participate, any local
educational agency in the State may do so. The amendment was
adopted by a roll call vote of 9 yeas to 8 nays, with Senator
Jeffords voting ``present''.
YEAS NAYS
Gregg Kennedy
Frist Dodd
DeWine Harkin
Enzi Mikulski
Hutchinson Bingaman
Collins Wellstone
Brownback Murray
Hagel Reed
Sessions
3. Senator Frist offered an amendment which permits a local
educational agency to use Title I funds for a schoolwide
program to upgrade its entire educational program if at least
40 percent of the children it serves are from low-income
families. Under current law, the threshold is set at 50
percent. Senator Frist's amendment also provides that any
school that is using funds from more than one Federal education
program in the operation of its schoolwide program will not be
required to maintain separate fiscal accounting records by
program, so long as the school maintains records that
demonstrate that the schoolwide program addresses the intent
and purpose of each Federal program for which funding is
consolidated. The amendment was adopted by voice vote.
4. Senator Murray offered an amendment to authorize $1.75
billion for the class-size reduction program which has been
funded for the past 2 years through appropriations legislation.
Funds must be used to hire fully qualified teachers in order to
reduce class size, with particular consideration for reducing
class size in the early elementary grades. Funds may be used
for recruiting, hiring, and training fully qualified regular
and special education teachers; testing new teachers for
academic content knowledge; and providing professional
development. With some exceptions, not more than 25 percent of
total funds may be used for professional development or testing
teachers. If class size has already been reduced to 18 or fewer
students in the early grades, funds could be used to further
reduce class size or to conduct activities designed to improve
teacher quality. The amendment was defeated by a roll call vote
of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
5. Senator Gregg offered an amendment to authorize $500
million for a new child centered program within Title I. Under
the program, up to 10 States and up to 20 local educational
agencies located in States which do not participate would
allocate all their Part A funds (including the additional
amount authorized in the amendment) to Title I-eligible
children on a per-pupil basis. The per-pupil amount could be
used for supplemental educational services provided by the
school or by another entity and would follow any eligible child
who transfers to another school. The amendment was adopted by a
roll call vote of 9 yeas to 8 nays, with Senator Jeffords
voting ``present''.
YEAS NAYS
Gregg Kennedy
Frist Dodd
DeWine Harkin
Enzi Mikulski
Hutchinson Bingaman
Collins Wellstone
Brownback Murray
Hagel Reed
Sessions
6. Senator Sessions offered an amendment to add a new Part
C to Title IV, containing several provisions related to school
safety and violence prevention. These provisions deal with:
school safety and violence prevention activities; school
uniforms; transfer of school disciplinary records; drug tests
and locker inspections; employee background checks; disclaimers
on materials produced with ESEA funding; and memorial services
at public schools. The amendment was adopted by a roll call
vote of 9 yeas to 8 nays, with Senator Collins not voting.
YEAS NAYS
Jeffords Kennedy
Gregg Dodd
Frist Harkin
DeWine Mikulski
Enzi Bingaman
Hutchinson Wellstone
Brownback Murray
Hagel Reed
Sessions
7. Senator Harkin offered an amendment to authorize $1.3
billion for the repair and renovation of public schools. Of
this amount, $50 million is authorized for grants to local
educational agencies in which 50 percent of students reside on
Indian lands. The remaining $1.25 billion is to be used for
grants and loans for: repairing or replacing roofs, electrical
wiring, or plumbing systems; repairing, replacing, or
installing heating, ventilation, or air conditioning systems;
ensuring that repairs and renovations are ADA compliant; and
making other types of school repairs and renovations that the
Secretary determines are urgently needed. The Secretary may not
approve an application for a grant or loan unless the applicant
demonstrates that it lacks sufficient funds from other sources
to carry out the repairs. The amendment was defeated by a roll
call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
8. Senator Mikulski offered an amendment to add as a new
purpose to the technology education provisions in Title V to
``assist every student in crossing the digital divide by
ensuring that every child is computer literate by the time the
child finishes 8th grade, regardless of the child's race,
ethnicity, gender, income, geography or disability.'' The
amendment was adopted by voice vote.
9. Senator Wellstone offered an amendment to authorize $5
million for competitive national grants and contracts to
elementary and secondary schools that work with experts to
enable those schools to provide training to educators,
educational programming, and support services related to issues
concerning children experiencing or witnessing domestic
violence. The amendment was defeated by a roll call vote of 8
yeas to 8 nays, with Senator Jeffords voting ``present'' and
Senator Collins not voting.
YEAS NAYS
Kennedy Gregg
Dodd Frist
Harkin DeWine
Mikulski Enzi
Bingaman Hutchinson
Wellstone Brownback
Murray Hagel
Reed Sessions
10. Senator Hagel offered an amendment to the impact aid
provisions of the bill (Title VIII) which revises the criteria
for an LEA to be designated as ``heavily impacted'' by reducing
the percentage of federally connected children enrolled in the
LEA from 40 percent to 35 percent; institutes a maximum 3-year
time limit for current law provisions which permit military
dependents living off-base to be counted as on-base students in
situations where their base housing is being renovated and
clarifies that the rebuilding of on-base housing will be
treated in the same manner as renovation; and permits military
dependents to be counted as on-base students if they reside in
housing initially acquired or constructed under the ``Build to
Lease'' program if the property is within the fenced security
perimeter of the military facility. If the property is subject
to taxation, the impact aid payment to the LEA will be reduced
by the amount of revenues received from the property taxes. The
amendment was adopted by voice vote.
11. Senator Reed offered an amendment to establish two
school library media resources programs as part of the
Technology Education provisions of Title V. The amendment would
authorize $250 million for a State formula grant program for
library media resources. State funds are to be awarded to local
educational agencies for activities such as acquiring up-to-
date library media resources, acquiring and using advanced
technology, and providing professional development for school
library media specialists. The amendment would also authorize
$25 million for a national competitive grant program to assist
local educational agencies in providing students with access to
school libraries during non-school hours. The amendment was
defeated by a roll call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
12. Senator Bingaman offered an amendment to authorize $150
million for the Teacher Training in Technology program which
has been funded for the past 2 years through appropriations
legislation. Under the amendment, the Secretary would award
competitive grants to be used to prepare prospective teachers
to make better use of advanced technologies to enhance student
learning. The amendment was defeated by voice vote.
13. Senator DeWine offered an amendment to authorize the
Troops to Teachers program as a national activity in Title II,
Part A. It directs the Secretary of Education to turn funds
over to the Defense Activity for Non-Traditional Education
(DANTES) to pay for and run the program. The Secretary of
Education may retain a portion of the funds to identify LEAs
with teacher shortages and States with alternative
certification requirements. The amendment was adopted by voice
vote.
14. Senator Murray offered an amendment to add references
to student involvement throughout the bill. The amendment was
defeated by voice vote.
15. Senator Bingaman offered an amendment to authorize $150
million for school dropout prevention programs. Of that amount,
$5 million is allocated for national activities. The remaining
$145 million will be used for States formula grants and for a
capacity building and design initiatives. State funds are to be
awarded competitively to local schools to support dropout
prevention programs, to assist school reentry, and to raise the
academic achievement of all students. The amendment was adopted
by voice vote.
16. Senator Murray offered an amendment to authorize $2
million for a national grant program to local educational
agencies (or consortia) for innovative programs dealing with
homeless education. Priority would be given to programs
focusing on transportation, unaccompanied children and youth,
and homeless pre-schoolers. The applicant must demonstrate
experience in one of these areas. The Secretary is to evaluate
the programs and disseminate information about them. The
amendment was defeated by a roll call vote of 8 yeas to 10
nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
17. Senator Bingaman offered an amendment to authorize $50
million to support Advanced Placement (AP) testing. The
amendment would repeal the existing Advanced Placement testing
provisions in the Higher Education Act and establish an
expanded program within ESEA. The Secretary is to give first
priority to providing grants to State educational agencies to
enable them to cover all or part of the costs of AP test fees
for low-income individuals. Seventy percent of any remaining
funds will be allocated for grants to State and local
educational agencies to expand access for low-income students
to AP programs. Thirty percent of any remaining funds will be
used for grants to provide students with on-line AP courses.
The amendment was adopted by a roll call vote of 11 yeas to 7
nays.
YEAS NAYS
Jeffords Gregg
DeWine Frist
Collins Enzi
Kennedy Hutchinson
Dodd Brownback
Harkin Hagel
Mikulski Sessions
Bingaman
Wellstone
Murray
Reed
18. Senator Bingaman offered an amendment to the provisions
of Title V relating to programs for school technology resources
to require that State applicants for funds include the State's
goals for using advanced technology to improve student
achievement and performance and its strategy for disseminating
information. The amendment also requires that local educational
agencies use grant funds to use technology to enable teachers
to help students meet standards through the use of research-
based teaching practices and advanced technologies, to provide
professional development in using technology to create new
learning environments, and to use web-based learning resources.
The amendment was adopted by voice vote.
19. Senator Bingaman offered an amendment to the provisions
of the National Technology Innovation Grants program in Title V
to specify that any member of a consortium receiving a
competitive grant under the program may serve as the fiscal
agent, provided that the lead local educational agency agrees
to have another member of the consortium serve in that
capacity. The amendment was adopted by voice vote.
20. Senator Harkin offered an amendment to transfer to the
Elementary and Secondary Education Act the environmental
tobacco smoke provisions currently contained in Part C of Title
X of the Goals 2000: Educate America Act. These provisions
prohibit smoking within any indoor facility used for the
provision of education, routine health care, day care, library
services, or early childhood development to children. The
amendment was adopted by a roll call vote of 18 yeas to 0 nays.
YEAS
Jeffords
Gregg
Frist
DeWine
Enzi
Hutchinson
Collins
Brownback
Hagel
Sessions
Kennedy
Dodd
Harkin
Mikulski
Bingaman
Wellstone
Murray
Reed
21. Senator Sessions offered an amendment to strike
activities related to hate crimes from the national programs
portion of Title IV. These activities include: a permissive use
of funds by the Secretary to develop training programs and
related materials designed to prevent and reduce the incidence
of hate crimes; and a grant program to assist local educational
agencies and community-based organizations in localities most
directly affected by hate crimes. The amendment was defeated by
a roll call vote of 5 yeas to 13 nays.
YEAS NAYS
Gregg Jeffords
Frist DeWine
Hutchinson Enzi
Hagel Collins
Sessions Brownback
Kennedy
Dodd
Harkin
Mikulski
Bingaman
Wellstone
Murray
Reed
22. Senator Bingaman offered an amendment to make a number
of changes to title I, part A, including: providing for a
reservation of title I funds for school improvement,
accountability, and evaluation; substantially revising
provisions related to standards, assessments, school
improvement, and corrective action; and requiring the issuance
of annual State and school report cards. The amendment was
defeated by a roll call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
23. Senator Gregg offered an amendment to amend Title I,
Part A to require public school choice for Title I students who
are victims of violent criminal offenses on public school
grounds and to permit it for students who attend unsafe
schools. The local educational agency may use Title I funds for
the transportation costs of students who transfer for safety
reasons. The amendment also requires public school choice for
all students enrolled in a school identified for corrective
action and school improvement. A local educational agency
serving schools identified for school improvement may use Title
1 funds to pay the transportation costs of students
transferring from those schools; an LEA identified for
corrective action must use Title I funds for such
transportation costs. Once a school is no longer identified for
school improvement, the local educational agency must continue
to provide public school choice as an option to students in
such school for not less than 2 years. The amendment was
adopted by voice vote.
24. Senator Reed offered an amendment to authorize $50
million for the establishment of a competitive grant program
within Part D of Title I for the establishment or expansion of
child opportunity zone family centers in elementary and
secondary schools. Such centers are school-based or school-
linked centers that provide comprehensive support services
designed to improve the education, health, mental health,
safety, and economic well-being of children and their families.
The amendment was defeated by a roll call vote of 8 yeas to 10
nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
25. Senator Dodd offered an amendment to increase the
authorization of funding for Part A of Title I from $10 billion
to $15 billion. The amendment was adopted by voice vote.
26. Senator Reed offered an amendment to require that State
and local annual performance reviews include the review of
parental involvement and professional development activities
assisted under Title I, Part A; that State technical assistance
be provided to address any problems with the implementation of
parental involvement and professional development requirements;
and that the State to review local parental involvement
policies and practices. The amendment would also require, as a
condition for receipt of ESEA funds, that the State develop a
parental involvement plan. The requirements proposed by the
Reed amendment could not be waived under a performance
partnership or agreement. The amendment was defeated by a roll
call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
27. Senator Bingaman offered an amendment to strike the
migrant education program from the list of programs which a
State may choose to include in a performance partnership
authorized under Part G of Title VI. The amendment was defeated
by a roll call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
28. Senator Reed offered an amendment to: add as a new
purpose to the technology education provisions in Title V ``to
support the development and use of education technology to
enhance and facilitate meaningful parental involvement to
improve student learning''; provide that localapplications for
technology literacy grants include a description of how parents will be
informed of the use of technologies; and give priority in the award of
National Technology Innovation grants to consortia which demonstrate
that their project will enhance parental involvement by providing
parents with the information needed to participate in their child's
learning. The amendment was adopted by voice vote.
29. Senator Reed offered an amendment to require that the
annual State report regarding the progress of schools toward
meeting State student performance standards be submitted to the
Secretary of Education and that the report include the number
and names of low-performing schools, the reason each school was
identified as low-performing, and the steps taken to address
the performance problems of the schools. The amendment was
defeated by a roll call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
30. Senator Bingaman offered an amendment to authorize the
Opportunities to Improve Our Nation's Schools (OPTIONS) program
to provide grants to State and local educational agencies for
programs that promote innovative approaches to public school
choice. The amendment was defeated by a roll call vote of 8
yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
31. Senator Reed offered an amendment to require that local
educational agencies use at least 5 percent of their Title I,
Part A funding for fiscal years 2001 and 2002 and 10 percent of
those funds in subsequent fiscal years for professional
development activities. The amendment would also strike the
Title I, Part A program from the list of programs which a State
may choose to include in a performance partnership authorized
under Part G of Title VI. The amendment was defeated by a roll
call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
32. Senator Kennedy offered an amendment to include in the
general provisions of the Act (Title X) a statement that
nothing in the Act shall be construed to prohibit recruiters
for the Armed Forces of the United States from receiving the
same access to secondary school students or to directory
information as is provided to postsecondary educational
institutions or to prospective employers. The amendment was
adopted by voice vote.
33. Senator Kennedy offered an amendment to authorize the
Community Technology Centers program which has been funded for
the past 2 years through appropriations legislation. The
amendment would establish a competitive grant program to allow
foundations, museums, libraries, for-profit businesses,
nonprofits, community-based organizations, institutions of
higher education, SEAs, LEAs, or consortia to expand access to
computers and related services to disadvantaged residents of
economically distressed urban and rural communities. The
amendment was defeated by a roll call vote of 8 yeas to 10
nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
34. Senator Kennedy offered three amendments, which were
considered en bloc. The first amendment proposed to strike the
education of homeless children and youth program from the list
of programs which a State may choose to include in a
performance partnership authorized under Part G of Title VI.
The second amendment proposed to strike the emergency immigrant
education program from that same list. The third amendment
proposed to strike the Even Start program from the list. The
three amendments, considered en bloc, were defeated by a roll
call vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
35. Senator Dodd offered an amendment to substitute for the
provisions of the 21st Century Community Learning Centers
program under Part A of Title III provisions which: focus the
program on after-school activities; increase the authorization
level from $500 million to $1 billion; and change the program
from a national competitive grant program to a State formula
grant program. The amendment also provides that the program
will not be included on the list of programs which a State may
choose to include in a performance partnership authorized under
Part G of Title VI. The amendment was defeated by a roll call
vote of 8 yeas to 10 nays.
YEAS NAYS
Kennedy Jeffords
Dodd Gregg
Harkin Frist
Mikulski DeWine
Bingaman Enzi
Wellstone Hutchinson
Murray Collins
Reed Brownback
Hagel
Sessions
36. The substitute bill, as amended, was reported favorably
by a roll call vote of 10 yeas to 8 nays.
YEAS NAYS
Jeffords Kennedy
Gregg Dodd
Frist Harkin
DeWine Mikulski
Enzi Bingaman
Hutchinson Wellstone
Collins Murray
Brownback Reed
Hagel
Sessions
IV. Explanation of the Bill and Committee Views
Title I--Helping Disadvantaged Children Meet High Standards
Part A--Basic Programs
The purpose of part A is to provide opportunities for those
students served by part A of title I to meet challenging State
performance and content standards. The last reauthorization of
title I, which occurred in 1994, made major changes regarding
standards, assessment, and professional development. The 1994
law also established a 7-year timetable for all States to
develop and implement standards and assessments. Most of the
1994 changes have been retained in S. 2. Additional provisions
have been included which build upon the reform activities
created in the last reauthorization.
A key provision in S. 2 is the inclusion of a reservation
of funds, 50 percent of the amount that is in excess of
$8,076,000,000, that State educational agencies will be able to
use for school improvement activities, assessment initiatives,
and awards for outstanding schools and educators. The State
will determine how the reservation will be used.
The 1994 law created several mechanisms to measure student
performance. One such mechanism was adequate yearly progress.
S. 2 expands the definition of adequate yearly progress by
stating that all children served by this part shall meet the
State's performance levels within 10 years. In addition,
adequate yearly progress must be based on State standards and
assessments.
Another mechanism included in the last reauthorization was
the establishment of the school improvement and corrective
actions process for local educational agencies and schools.
S. 2 expands these provisions by requiring State
educational agencies and local educational agencies to take at
least 1 of a series of corrective actions with respect to
schools and local educational agencies that do not improve
after being identified as failing to meet adequate yearly
progress.
S. 2 also expands parental involvement and professional
development activities. Both the State and local educational
agencies must implement parental involvement and professional
development programs that have demonstrated effectiveness. In
regard to professional development, the committee believes
teachers may need to include the use of remedial and
supplementary academic enrichment activities, including
literacy programs or supplementary educational material and
nstruction.
Since the last reauthorization, the title I school-wide
program has become quite popular. Due to its popularity, the
committee changed the eligibility qualification from not less
than 50 percent of enrolled children from low income families
to not less than 40 percent.
Two new provisions pertaining to school choice have been
included in S. 2. The Senate bill requires local educational
agencies to offer public school choice alternatives to students
attending Title I schools that have been identified as needing
improvement or corrective action, as well as schools where
violent incidents have occurred. In addition to the public
school choice section of the bill, S. 2 also creates a Child
Centered program for up to 10 States and up to 20 local
educational agencies in other States. Under the Child Centered
program, title I funds received by a State or local educational
agency would be distributed on a per pupil basis. Parents of
the pupils who are eligible to receive these grants would be
allowed to use them for supplementary education at a public
school or for tutorial services.
The committee passed bill includes an early childhood
section. Under this section, the local educational agency may
use part A of title I funds for preschool services.
S. 2 increases the authorization level for fiscal year 2001
for part A to $15 billion.
Part B--Even Start Family Literacy Programs
The Even Start Family Literacy program is designed to
improve the educational opportunities for low-income families
by integrating early childhood, adult basic education, and
parental education into a unified family literacy program. Even
Start grants are geared to areas with high rates of poverty,
illiteracy, unemployment, families of limited English
proficiency, or disadvantaged children. S. 2 strengthens
coordination activities between Even Start and other literacy
and early childhood programs. In addition, it increases the
authorization level for fiscal year 2001 to $500 million.
Part C--Education of Migratory Children
The Migrant Education program provides grants to State
educational agencies to develop or improve educational programs
for migrant students. Most migrant programs are administered by
local educational agencies and operate during both the regular
school year and in the summer. Priority for services is given
to current migrant students and to students who are failing, or
at greatest risk of failing, to meet State standards. The
committee passed bill builds upon current law to ensure that
migratory children have the opportunity to attain high levels
of educational excellence. S. 2 increases the authorization
level for fiscal year 2001 to $400 million.
Part D--Parental Assistance
Part D of title I focuses on parental assistance. Parental
Information and Resource Centers, established under the Goals
2000: Educate America Act, has been incorporated into S. 2. The
committee bill expands the program by increasing the
authorization level for fiscal year 2001 to $50 million and by
strengthening provisions that focus on partnerships among
parents, teachers, principals, administrators, and other school
personnel.
Part E--Evaluations and Demonstrations
S. 2 retains current law provisions.
Part F--Comprehensive School Reform
S. 2 includes the Comprehensive School Reform program,
often referred to as the Obey-Porter initiative. The
Comprehensive School Reform program awards formula grants to
State educational agencies. These grants are designed to assist
in the implementation of effective school reform models. There
are a number of demonstration programs that have produced
positive results in a variety of subject areas. Project Seed, a
mathematics project, is a reform effort which focuses on higher
order thinking skills. S. 2 authorizes $200 million for fiscal
year 2001.
Part G--General provisions
S. 2 retains current law provisions.
Part H--Assistance to Address School Dropout Problems
An issue of great concern to the members of the committee
is the escalating school dropout rate. To address this problem,
a dropout prevention program has been included in S. 2. The new
initiative creates a grant program that will provide assistance
to public schools for the implementation of an effective,
sustainable, and coordinated dropout effort.
Title II--Teacher Quality
Part A--Teacher Empowerment
The committee was unanimous in its interest to improve the
quality of professional development opportunities for teachers.
While there was some disagreement regarding the best method to
achieve the goal of enhancing teacher professional development
opportunities, there was no disagreement that children can make
greater academic gains if they have a knowledgeable and caring
teacher leading their classroom. S. 2 recognizes that an
investment in better teachers is an investment in our nation's
young people, and the legislation authorizes $2 billion in
title II for teacher quality measures.
The committee held hearings on professional development in
Washington, D.C. and Montpelier, Vermont. Time and time again,
witnesses spoke of the need to make significant investments in
providing support and professional development to teachers in
the classroom. It was the committee's intent to create
legislation that reflected the observations and recommendations
by professionals in the field regarding how to best meet the
needs of individual students in schools across this country.
The bill responds to those recommendations by taking a flexible
approach that allows States and local educational agencies to
adopt successful models that will work for the conditions and
circumstances of their schools. Members of the committee heard
testimony that: (1) professional development in the area of
math and science is important; (2) collaborative, systemic,
staff development activities adopted by School District 2 in
New York City have been met with success in urban and rural
environments; (3) recruitment of teachers from other careers by
school districts with teacher shortages, has put a qualified,
enthusiastic person at the head of the classroom; and (4) the
short term focus of staff training and professional development
has not helped teachers provide better instruction to their
students. The committee heard from diverse voices about many
different strategies for improving instruction for the students
in their communities. The message received by members of the
committee was loud and clear: different communities have
different needs.
It was the committee's intent to provide a general
framework and funding stream for teacher quality initiatives
while allowing individual school districts to adapt a program
to meet its needs. The committee recognizes that coming up with
the right formula for success in a specific school district is
nearly impossible to do at the Federal level. Each school
district has unique considerations and must determine for
themselves how to strike the correct balance between recruiting
individuals into the teaching profession, retaining new
teachers and providing professional development for teachers in
the classroom.
The committee bill combines funds and authorities from the
Eisenhower Program and Class Size Reduction programs while
maintaining a separate Federal program for teacher quality
initiatives in recognition of the critically important role
that teachers play in improving educational opportunities for
young people. The professional development component of title
II, part A builds upon the strengths of the Eisenhower program
by placing an emphasis on innovative professional development
programs. In an effort to focus the Federal dollars on
professional development that will make a difference in
teaching, the bill strictly defines professional development as
activities that directly relate to the curriculum and academic
subjects in which a teacher provides instruction or is designed
to enhance the ability of a teacher, paraprofessional or
principal to understand and use State standards for the
academic subjects in which a teacher provides instruction. The
bill requires professional development activities to be tied to
strategies that demonstrate effectiveness in increasing student
academic achievement and performance or substantially
increasing the knowledge and teaching skills of the teachers
participating in the activities and all activities must be
developed with extensive participation of teachers,
paraprofessionals, and principals. Further, it prohibits the
one-day, ``one-shot'' workshop approach that research and
evaluation have shown to be largely ineffective in fostering
learning and changing the way a teacher teaches.
The committee's decision to unite the Eisenhower
Professional Development program and the Class Size Reduction
initiative was based on the consideration it gave to some
fundamental issues, such as how to balance the tension between
quality and quantity with respect to hiring teachers, and
whether large classrooms are the biggest obstacle to improving
student achievement. Witnesses brought to the attention of the
committee constructive observations about the effectiveness of
class size reduction with regard to managing students in the
classroom and providing better instruction, increased personal
attention to individual students, the cost-benefit associated
with the program, the effect on poor communities, and the
potential costs of not investing in professional development.
The committee's intent in combining these funds and these
authorities was to create a program that could be tailored to
the individual needs of school districts across the country.
The legislation allows a school district to commit the same
percentage of funds that it does now to class size reduction,
if it so chooses. Yet, for other school districts that have a
greater need for recruitment or professional development, it
allows that school district to shift funds to those needs.
Title II of the Elementary and Secondary Education Act also
maintains an important role for institutions of higher
education in providing professional development for teachers.
The most recent review of the Eisenhower program stated that
teachers participating in State Agency for Higher Education
(SAHE) grantee activities found that the professional
development led to enhanced knowledge and skills and changes in
their classroom teaching practice. Further, SAHE grantee
activities were of longer duration and place a greater emphasis
on subject matter content, active learning and coherence. Using
the success of the Eisenhower program as a model, institutions
of higher education within each state will receive a dedicated
stream of funding to be provided through competitive grants
within the State.
Since 1991, Congress has provided authorization for grants
to support the creation and implementation of the nationwide
system of advanced certification for teachers provided by the
National Board for Professional Teaching Standards. That system
is close to completion. Thisauthority will allow the Secretary
to provide the funding sufficient to finish the system. It is
understood that these grants are obligated by the National Board for
work covering multi-year contracts. The committee believes that efforts
to encourage and support teachers to become highly accomplished master
teachers as recognized through advanced certification or credential
programs will improve teaching and learning in schools. The bill
includes an authority that allows the Secretary to support such
activities provided through high quality professional teacher
enhancement programs such as the National Board for Professional
Teaching Standards. In addition, the committee supports States' efforts
to raise the quality of teachers through encouraging teachers to become
master teachers as recognized through advanced certification programs
such as the national board certification program offered by the
National Board for Professional Teaching Standards. To date, 38 States
have enacted some measure to encourage teachers to seek advanced
certification. The committee intends to encourage further activities by
making these funds available to the States to use for this purpose.
Part B--Leadership Education and Development Program
Members of the committee have benefitted from hearing
first-hand accounts from parents, teachers, principals,
superintendents and other school leaders about the positive
difference that strong leadership at the school level makes in
educating our Nation's students. Unfortunately, at the same
time, the members of the committee were informed of the lack of
professional development opportunities in the areas of
leadership, management, and skills building. In response to the
need and concerns expressed by witnesses, the bill authorizes a
new program designed to meet the unique professional
development needs of our Nation's school leaders.
This program, modeled after the Snelling Center for School
Leadership in Vermont, authorizes $100 million for competitive
grants to State educational agencies, local educational
agencies, institutions of higher education or nonprofit
educational organizations for programs to develop or enhance
the leadership skills of school leaders. Programs for school
leaders could include: training in effective leadership,
management, and instructional skills and practice; enhancing
and developing school management and business skills; improving
the effective use of educational technology; improving
knowledge of challenging State content and performance
standards; encouraging highly qualified individuals to become
school leaders and developing and enhancing instructional,
leadership, school management, parent and community
involvement, mentoring and staff evaluation skills of school
leaders; and establishing sustained and rigorous support for
mentorship and for developing a network of school leaders
within the State with the goal of improving the leadership of
school leaders.
Part C--Reading Excellence Act
The committee believes that the current provisions of the
Reading Excellence Act, first authorized in October 1999, are
still current. The legislation adopted by the committee extends
the current authorization through the year 2005 and increases
the authorization level to accommodate the increased
appropriations that the program has received.
Part D--National Writing Project
The committee recognizes the effectiveness of the National
Writing Project program and authorizes the program through
2005. The committee believes that the National Writing Project
has been effective in improving the teaching of writing and has
improved learning in the Nation's schools. It is a model of
excellence in professional development. Currently, the National
Writing Project has sites in 49 States, with 169 sites overall.
The legislation adopted by the committee promotes the expansion
of the National Writing Project program and increases the
authorization to $15 million in an effort to expand the reach
of the program to more teachers.
Parts E and F--The New Century Program for Distributed Teacher
Professional Development and the Digital Education Content
Collaborative
The bill reauthorizes and expands the ``Mathline'' program,
renaming it the ``New Century Program for Distributed Teacher
Professional Development.'' The ``Mathline'' program has
provided over 5,000 K-12 math teachers with sustained training
in the teaching and learning of mathematics. In turn, those
teachers have reached over 1.3 million students. The provisions
of part E of the bill expand upon the success of the
``Mathline'' model with the goal of reaching more teachers in
other subject areas. In addition, the committee has included an
additional program, known as the ``Digital Education Content
Collaborative'' under part F, which will provide high quality,
curriculum-based digital content for teachers and students to
easily access in order to meet the State standards for student
performance. The committee recognizes that the capacity of
interactive digital content, matched to State standards can
dramatically increase and improve the types of services public
broadcasting stations can offer kindergarten through grade 12
schools and can contribute to student performance by broadening
access to data, information and programming.
Title III--Enrichment Initiatives
Part A--21st Century Community Learning Centers
The legislation passed by the committee includes a
reauthorization of the 21st Century Community Learning Center
program. The 21st Century Community Learning Center program
remains largely unchanged from current law in recognition of
the success the program has had in providing increased
educational, health, social service, cultural and recreational
activities for people in rural and urban communities throughout
the Nation. The bill increases the authorization for the
program to accommodate the increased appropriations the program
has received in recent years.
Part B--Initiatives for Neglected, Delinquent or At-Risk Students
The Initiatives for Neglected, Delinquent or At-Risk
Students program has been reauthorized and moved to Title III
of the Act. This program is designed to meet the academic and
skills building needs of at-risk, school-aged youth in all
States and remains unchanged from current law. Authorized at
$42 million, the committee strongly supports the continuation
of this program.
Part C--Gifted and Talented Children
Funding for the National Center for Research and
Development in the Education of Gifted and Talented Children
and Youth is continued in this bill, in recognition of the
vital contributions of the Center, in supporting, through
research and dissemination, schools and local educational
agencies developing strong, accessible programs to serve gifted
and talented students. The research conducted and analyzed by
the Center has been a valued resource for schools looking for
more effective ways to identify and help gifted students from
populations traditionally under-served and under-represented in
these programs.
The purposes of the National Center are to: develop,
disseminate, and evaluate model projects and activities for
serving gifted and talented students; to conduct research
regarding innovative methods for identifying and educating
gifted and talented students; and to provide technical
assistance programs that will further the education of gifted
and talented students. The National Center is funded through
grants to or contracts with one or more institutions of higher
education, State educational agencies, or a consortia of such
institutions and agencies. The Secretary may use up to 30
percent of the program's funds to pay for the National Center.
Part D--Arts in Education
On June 29, 1999 the committee held a hearing on arts in
education. Arts in education programs have proven to be
effective tools in increasing academic achievement and
performance for young people. Recent studies have found that
low-income students with high involvement in the arts had
higher grades in English, were less likely to drop out of
school by the 10th grade, were less bored in school, had a
higher self-concept, and placed a higher value on volunteer
work than their low-income peers with low arts involvement. In
an effort to make effective arts in education programs
available to more students across the country, the committee
reauthorized the current Federal Arts in Education program,
moving it from Part D of Title X. The committee recognizes the
need for students to have the opportunity to learn in, through,
and about the arts and the value of partnerships between arts
specialists, classroom teachers, and the resources of arts
organizations to arts education in the schools.
The reauthorization bill maintains the successful arts
education programs of the Kennedy Center and VSA arts which
support programs and affiliate organizations in nearly all 50
States. The Kennedy Center supports a network of Alliances for
Arts Education in 45 States. The alliances provide programs for
young people in the arts and professional development for
teachers. In addition, the programs help develop innovative
collaborations between schools and cultural institutions. VSA
ARTS currently has affiliates in 41 States and has served 4.3
million Americans through its programs. Both the Kennedy Center
and VSA ARTS provide leadership, access to technical
assistance, and resources as well as an economy of scale at the
national level to leverage and expand opportunities in the arts
for young people across the country.
The committee recognizes that active participation and
learning in the arts improve overall academic achievement,
student performance, socialization, and preparation for college
and the workforce. In reauthorizing the Arts in Education
program, the committee believes that: arts education should be
an integral part of the elementary and secondary school
curriculum for a complete education; the arts make a tremendous
impact on the developmental growth of every child and have
proven to level the ``learning field'' across socioeconomic
boundaries; and the arts teach children the skills necessary to
succeed in life, including developing an informed perception,
articulating a vision, learning to solve problems and make
decisions, building self-esteem and self-discipline, developing
the ability to imagine what might be, and accepting
responsibility to complete tasks from start to finish. The arts
help children develop literacy skills in reading, writing,
speaking, listening and viewing, and help children achieve a
high level of competency in using convergent and divergent
thinking skills, problem-solving skills, and comparing and
contrasting skills. Participation in performing arts activities
has proven to be an effective strategy for promoting the
inclusion of persons with disabilities in mainstream settings.
Opportunities in the arts have enabled individuals with
disabilities to participate more fully in school and community
activities and the arts have had a measurable impact on youth
at risk in deterring delinquent behavior and truancy problems
while increasing overall academic performance.
In Gaining the Arts Advantage, a nationwide study of 91
school districts that offer arts education to all of their
students, it reports that the single most important factor
contributing to the successful delivery of arts education is
the involvement of community partners. In communities where
parents and families, artists, arts organizations, businesses,
local civic and cultural leaders are actively engaged in
instructional programs, arts education is more successful. The
National Assessment of Educational Progress (NAEP) in arts
education demonstrated that students receiving classroom arts
instruction outperformed other students and that instruction
increased all of their arts abilities, including the ability to
create works of quality that communicated complex ideas. The
bill supports cultural partnerships that use the arts to
improve academic achievement of at-risk youth. The committee
recognizes that there is much to be gained from capitalizing on
the growing body of research that demonstrates the benefits of
arts education to at-risk students by funding model
partnerships between schools and arts organizations that
support arts learning in school and after school. The
legislation adopted by the committee embraces both a
comprehensive strategy for a complete education in the arts
including high-quality, sequential arts instruction in the
classroom, as well as participation and learning in community-
based arts programs.
Part E--Advanced Placement Program
The Advanced Placement Program was initially authorized as
part of the Higher Education Amendments of 1998. The committee
bill moves the authorization of this program to Title III of
the Elementary and Secondary Education Act and expands its
purposes. The committee recognizes that having rigorous
academic programs available to students provides those young
people with better preparation for postsecondary study and has
adopted this program to ensure that the opportunity is
available to more students.
Title IV--Safe and Drug-Free Schools and Communities
Part A--State Grants
The committee has made substantial revisions to the Safe
and Drug-Free Schools and Communities program in an effort to
increase the accountability for the use of Federal funds and to
ensure that effective, research-based programs are funded with
Federal dollars. By better directing the use of Federal funds
under this program, it is the committee's intent to improve
efforts to provide all of our Nation's students a safe and
nurturing learning environment. Recent tragedies in our
Nation's schools have heightened attention to the devastating
impact that an unsafe environment can have on learning. The
committee believes strongly that every school in this Nation
should be violence-free as well as drug- and alcohol-free and
has strengthened the current program to better achieve those
goals. The committee also believes that involving parents in
violence and drug prevention programs is important.
Part B--Gun Possession
The Gun-Free Schools provisions currently contained in part
F of title XIV are transferred to part B of title IV. These
provisions, which were first enacted in 1994, require States
receiving funds under the Elementary and Secondary Education
Act to have laws requiring local educational agencies to expel
from school for at least one year any student who brings a
weapon to school.
The Report of State Implementation of the Gun-Free Schools
Act--School Year 1997-98 issued in August 1999 indicates that
an estimated 3,930 students were expelled for bringing a
firearm to school. This figure represents a decrease of
approximately 30 percent from the number of expulsions reported
for the 1996-97 school year. Fifty-seven percent of the 1997-98
expulsions involved high school students; 33 percent involved
junior high students; and the remaining 10 percent involved
elementary school students.
Part C--School Safety and Violence Prevention
Part C includes a number of new provisions dealing with:
school safety and violence prevention activities; school
uniforms; transfer of school disciplinary records; drug tests
and locker inspections; employee background checks; disclaimers
on materials produced with ESEA funding; and memorial services
at public schools. These provisions are virtually identical to
provisions dealing with these subjects which were approved by
the Senate last year as part of the Juvenile Justice
reauthorization bill (S. 254).
Part D--Environmental Tobacco Smoke
The bill transfers to part D of title IV the Elementary and
Secondary Education Act the environmental tobacco smoke
provisions currently contained in part C of title X of the
Goals 2000: Educate America Act. These provisions prohibit
smoking within any indoor facility used for the provision of
education, routine health care, day care, library services, or
early childhood development to children.
Title V--Educational Opportunity Initiatives
Part A--Technology Education
First authorized as part of the Elementary and Secondary
Education Act in 1994, the Federal education technology
programs--Technology Literacy Challenge Fund and the Technology
Innovations Challenge Grant--have made a significant and
positive difference in increasing access to technology in our
public school classrooms. The committee has extended the
authorization of the ESEA programs in recognition of the
important role these Federal dollars have had in making
technology more prevalent and effectively used in our Nation's
classrooms.
While the committee was mindful of the extraordinary
advances made in the area of education technology, the members
also recognized there is still a long way to go in making
technology an effective educational tool for all students in
the nation. The committee passed legislation reaffirms the
Federal commitment to education technology. It recognizes that
the current system in place works well and therefore maintains
that structure in an effort to build upon the current success
and improve opportunities for more of our Nation's students.
Throughout the legislation, the committee has incorporated
provisions related to education technology in recognition of
the ``next wave'' of education technology, that is effectively
integrating it into the every day learning activities of the
student. The committee's actions acknowledge the importance of
``not separating technology from learning.'' While the
committee did incorporate language relating to education
technology throughout the bill, the committee also maintained
separate funding streams for a number of education technology
programs in an effort to ensure that the Federal Government
continues to provide leadership and support for strengthening
and integrating education technology in classrooms throughout
the nation.
The committee heard from expert witnesses about effectively
integrating technology into the classroom for the benefit of
students. Thus, the committee focused on integrating technology
into all programs supported in this legislation and all core
academic subject areas. The committee also placed a strong
investment on teacher preparation and leadership and support
from principals and other school leaders. Planning and
partnerships were also highlighted by witnesses as being
important to the successful integration of technology at the
school, school district and State levels. The bill also
includes language encouraging and allowing the use of
technology to promote parental involvement and foster
communication with parents.
Based on the testimony from witnesses, the technology
education program is working effectively, and therefore, the
committee did not make significant changes to current law. The
legislation passed by the committee maintains the important
balance between the ``Technology Literacy Fund'' which provides
formula grant funds to each State and the ``Technology
Innovations Grant'' which supports the development of programs
that may serve as replicable models of success in integrating
technology effectively into the curriculum. In addition, the
bill includes language that supports building and strengthening
partnerships between institutions of higher education and
school districts so that prospective teachers are better
prepared to use technology upon entering the classroom. The
provisions in S. 2 complement the teacher preparation
initiatives relating to education technology which are included
in Title II of the Higher Education Act. These provisions
demand that schools of education improve the instruction that
they provide to prospective teachers in the effective use of
technology to enhance educational opportunities for young
people in elementary and secondary classrooms. Further, as
schools acquire equipment under the program, high quality
educational software is equally important in providing the
learning experiences which electronic learning technologies
offer. The bill does not include a separate authorization for
the Community Technology Centers initiative as those activities
may be carried out by other programs established under this act
such as 21st Century Community Learning Centers and under other
Federal acts. The legislation passed by the committee provides
resources to meet the critical needs that still exist as all
States and school districts seek to provide better
opportunities for learning through technology.
Part B--Star Schools
The Star Schools program has helped encourage and support
the use of distance learning strategies to serve multi-state
regions and underserved populations. The committee believes
that the program has played an important role in improving
instruction and in providing challenging and advanced
coursework in critical subjects such as mathematics, science,
and foreign languages. These distance learning programs have
been used effectively to provide students in small, rural
schools and schools with large populations of underserved
children with courses of instruction that the LEA would
otherwise not be able to provide. In order to meet the
challenging educational prerequisites that students and adults
in the 21st century need to succeed in postsecondary study or
in the workforce, the committee supports the continuation of
the Star Schools program which has opened the door of
opportunity to many young people in rural and underserved
communities to more rigorous and diverse course offerings,
college-level programs, second languages, and advanced
placement. The committee also modernized the program by
authorizing the use of funds for the establishment of web-based
resources for interactive training and reaching large numbers
of schools.
Part C--Magnet Schools Assistance Program
The Magnet Schools Assistance Program (MSAP) provides
competitive grants to local educational agencies (LEAs) for
magnet schools that are intended to reduce, eliminate, or
prevent minority group isolation in elementary and secondary
schools and to strengthen students' knowledge of academic or
vocational subjects. In order to be eligible for a grant, an
LEA must be a participant in a court-ordered or voluntary
desegregation plan. Magnet schools provide a special curriculum
intended to be attractive to substantial numbers of students of
different races. In addition to providing funds to operate
magnet programs designed to promote desegregation and student
achievement, the MSAP can provide leverage to school districts
in building local capacity to continue and expand programs.
The number of magnet schools has increased dramatically
since the enactment of the MSAP, with approximately two million
students nationwide now attending such schools, of which more
than 65 percent of the students are nonwhite. Magnet schools
allow children from diverse social, economic, ethnic and racial
backgrounds to participate together in high quality public
schools with a specialized curriculum. Magnet schools offer a
wide range of distinctive programs that have served as models
for school improvement efforts.
The ethnic and racial segregation that exists in the
Nation's schools is attributable to a number of causes, but
primarily a result of the substantial residential segregation
in our communities. In many major metropolitan areas of the
country, residential segregation is so stark that more than 70
percent of the minority residents would have to change their
residence in order for there to be an even distribution of
minority residents throughout the metropolitan area. The
extreme racial and ethnic residential segregation that
currently exists in the Nation results in virtually all
minority and all majority enclaves. For example, almost one-
half of minority students attend schools with 75 percent or
more minority students and almost one-third of non-minority
students attend schools with less than 10 percent minority
students. It is common that children of one racial or ethnic
group rarely interact with children of another. Racial and
ethnic residential segregation has the corresponding effect of
exacerbating the concentration of poverty in communities and in
local schools. This concentration of poverty is a key factor in
adversely affecting the quality of education available to
children.
Title V of S. 2 reauthorizes the Magnet Schools Assistance
Program and includes several new elements designed to: improve
the capacity of local educational agencies to continue
operating magnet schools after the grant has ended; increase
the allowable use of funds for planning; clarify the critical
role of professional development; and enhance the quality of
the program. The authorization in fiscal year 2001 is $125
million and such sums as may be necessary for each of the four
succeeding fiscal years.
The findings section of the bill, which has been revised
and shortened, summarizes the importance of magnet schools in
achieving desegregation in our Nation's schools and affirms the
Federal Government's support of this program. The bill retains
the existing statement of purpose which is to provide financial
assistance to eligible local educational agencies for: (1) the
elimination, reduction, or prevention of minority group
isolation; (2) the development and implementation of magnet
school projects that will assist local educational agencies in
achieving systemic reform and providing all students the
opportunity to meet challenging State content and student
performance standards; (3) the development and design of
innovative educational methods and practices; and (4) courses
of instruction that will strengthen knowledge of academic and
vocational subjects. In addition, the bill adds two new
purposes of the program, including (5) to improve the capacity
of local educational agencies, through professional
development, to continue operating magnet schools at a high
performance level after Federal funding is terminated; and (6)
to ensure that all students enrolled in the magnet school
program have equitable access to high quality education that
will enable the students to succeed academically and continue
with post secondary education or productive employment.
Consistent with current law, priority is given to
applicants who demonstrate the greatest need; who propose to
carry out new or significantly revised magnet schools projects,
who propose to serve a wide range of students by basing student
selection on multiple criteria rather than relying solely on
academic examination, and who propose to implement innovative
educational approaches that are consistent with State and local
content and student performance standards. In addition, the
bill includes a new priority for those applicants who propose
activities, which may include professional development, that
will build local capacity to operate the magnet school program
once Federal assistance has ended.
The current law lists four uses of funds: (1) planning; (2)
acquisition of books and materials; (3) payment or
subsidization of the compensation of teachers and instructional
staff who are necessary for the conduct of the program; and (4)
for schools whose magnet program does not include all students
enrolled in the school. S. 2 adds 3 new uses of funds to those
in current law. Grant funds may be used: (1) for professional
development in order to build the capacity to operate the
magnet school once Federal assistance has terminated; (2) to
enable the local educational agency to have more flexibility in
the administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet
school program; and (3) to enable the local educational agency
to have flexibility in designing magnet schools for students of
all grades. The addition of professional development as a use
of funds is particularly important. Clarification is needed in
the law regarding professional development as a separate
activity from planning. Therefore, it is the committee's intent
that professional development be considered a core use of
funds, and not as planning. Trained, qualified teachers and
staff are critical to the success of magnet school as well as
any other school and these changes ensure that the magnet
schools law reflects these priorities.
As in current law, the bill prohibits grantees from using
magnet school funds for transportation or any other activity
that does not augment academic improvement. However, the ban on
using funds for planning after the third year of receiving a
grant has been removed. In addition, the bill modifies the
current limitation on planning funds, and increases the limits
on planning in the second and third year to 25 percent and 15
percent, respectively. This change recognizes the critical
importance of planning in maintaining as well as implementing
innovative education strategies.
The Innovative Programs component of the MSAP, designed to
foster meaningful interaction among students of different
racial and ethnic backgrounds, has been updated to better
reflect the direction of this program. The bill states that an
innovative program is one that involves innovative strategies
other than magnet schools, such as neighborhood or community
model schools, to support desegregation of schools and to
reduce achievement gaps. The new language clarifies an
innovative program as one that assists in achieving systemic
reform and provides all students with the opportunity to meet
challenging content and student performance standards.
Finally, the evaluation section of this part lists what
each evaluation shall address. As in current law, the bill
lists several issues to be evaluated, including: (1) how magnet
school programs lead to educational quality and improvement;
(2) the extent to which magnet school programs enhance student
access to quality education; (3) the extent to which magnet
school programs lead to the elimination, reduction, or
prevention of minority group isolation in schools with
substantial proportions of minority students; and (4) the
extent to which magnet school programs differ from other school
programs in terms of organizational characteristics and
resource allocations. The bill adds a fifth area to evaluate,
and that is the extent to which magnet school programs continue
once the grant has ended. In addition, a dissemination
component is added to the bill, which states that the Secretary
shall collect and disseminate information on successful magnet
school programs to the general public.
Part D Public Charter Schools
S. 2 reauthorizes the Public Charter Schools provisions in
the legislation and maintains current law, while including an
increase in the authorization level to $175 million. Last
considered in 1998, the Charter School program was amended to
increase and strengthen accountability, promote dissemination,
and support technical assistance, evaluation and research on
model charter school programs.
Part E--Women's Educational Equity Act
The Women's Educational Equity Act (WEEA), which was
created in 1974, provides grants for the operation of programs
promoting educational equity for girls and women and assists
institutions in meeting the requirements of Title IX of the
Education Amendments of 1972. Approximately two-thirds of WEEA
funds are used to support local projects. The remaining funds
are used for technical assistance, dissemination, and research
and development. A resource center conducts the technical
assistance and dissemination activities. Fiscal year 2000
appropriations for the act are $5 million.
The bill extends WEEA through fiscal year 2005 and makes
minor changes designed to clarify and update provisions of the
existing law. The proposal is based on recommendations included
in S. 1264, ``Educating America's Girls Act,'' introduced by
Senators Snowe and Kennedy. A funding level of $5 million is
authorized for fiscal year 2001, with such sums as may be
necessary authorized in the 4 succeeding fiscal years.
Part F--Civic Education
The civic education provisions of S. 2 combine the Civic
Education program currently authorized as part F of title X and
the International Education Exchange Program currently
authorized under Title VI of Goals 2000: Educate America Act.
The Civic Education program provides support for programs
related to instruction on the basic principles of our
constitutional democracy and the history of the Constitution
and the Bill of Rights. Fiscal year 2000 appropriations for the
program are $9.85 million. The International Education Exchange
program provides support for education exchange activities in
civics and government education and in economic education
between the United States and eligible developing countries.
Its purpose is to support democracy and free market economies.
Fiscal year 2000 appropriations for the program are $7 million.
The bill extends the civic education and international
education exchange programs through fiscal year 2005 and makes
revisions in them based on recommendations included in S. 1642,
the ``Education for Democracy Act,'' introduced by Senators
Cochran and Dodd. The civic education provisions include
support for the ``We the People * * * The Citizen and the
Constitution'' program which has been administered by the
Center for Civic Education since 1985 and for the ``We the
People * * * Project Citizen'' program. In addition to the
instructional activities and simulated hearings currently
authorized, S. 2 expands program activities to include advanced
teacher training, the utilization of technology, and the
development of civic education materials designed to address
specific problems--such as school violence. In his introductory
remarks to this legislation, Senator Cochran noted:
The Popularity of We the People is demonstrated by
the 82,000 teachers and the 26.5 million students who
have participated since its beginning. Studies by the
Education Testing Service have repeatedly indicated
that We the People participants outperform other
students in every area tested. In one, We the People
high school students outscored university sophomore and
junior political science students in every topic.
A Stanford University study showed that these
students develop a stronger attachment to political
beliefs, attitudes and values essential to a
functioning democracy than most adults and other
students. Other studies reveal that We the People
students are more likely to register to vote and more
likely to assume roles of leadership, responsibility
and demonstrate civic virtue.
The international education exchange provisions of the bill
extend current law provisions with minor change. Grantees, in
consultation with the Secretary of State, offer exemplary
curriculum and teacher training to educators from eligible
developing countries. They also sponsor seminars and site
visits and develop related programs for United States students.
The bill authorizes $10 million for civic education and $10
million for international education exchange in fiscal year
2001 and ``such sums as may be necessary'' for each of the 4
succeeding fiscal years.
In addition, S. 2 includes language encouraging all schools
to dedicate a day of learning for the study of the Declaration
of Independence, the United States Constitution, and the
Federalist Papers in the recognition of the importance of
assuring our Nation's students have a solid understanding of
the documents which comprise the foundation of our democracy.
This language is drawn from S. Con. Res. 37, introduced by
Senator Sessions.
Part G--Fund for the Improvement of Education
The Fund for the Improvement of Education (FIE), currently
authorized as part A of title X, provides the Secretary with
broad authority to support nationally significant programs and
projects designed to improve the quality of education. Under
current law, FIE includes a lengthy list of activities which
may be supported under the program and provides specific
authorities for character education, elementary school
counseling, smaller learning communities, scholar-athlete
competitions, mock election programs, and model projects.
Fiscal year 2000 funding for FIE is $243.9 million.
The committee bill eliminates the current list of
discretionary activities and limits FIE funding to support
programs with specific authorities under the part, as well as
the identification of exemplary schools and programs--such as
Blue Ribbon Schools--and the development and evaluation of
model strategies for professional development for teachers and
administrators--such as Christa McAullife Fellowships. The
Comprehensive School Reform Program currently funded under FIE
is transferred to part F of title I. The model projects
authority, which has not been funded, is repealed. The
currently funded authorities relating to elementary school
counseling, smaller learning communities, scholar-athlete
competitions, and mock election programs are extended through
fiscal year 2005 with minor revisions. More extensive revisions
are made to the character education program, which is also
extended through fiscal year 2005.
Specifically, the elementary school counseling provisions
are revised to update the definitions of ``school
psychologist'' and ``school social worker.'' The smaller
learning community provisions are revised to expand the pool of
eligible applicants to include not only local educational
agencies but also an elementary or secondary school, a Bureau
funded school, or any of these entities in partnership with
other public agencies or private nonprofit organizations and to
add new provisions requiring recipients to submit an annual
report to the Secretary which describes the use of grant funds
and evidence of the impact of the grant on student performance
and school safety. The national student and parent mock
election provisions are revised to expand participation by
including students and parents from the Territories, Department
of Defense Dependent schools, and other international locales
where Americans are based and to require that all votes be
recorded at least 5 days prior to the date of the general
election.
With respect to character education, the committee
recognizes that schools and communities are challenged as never
before by demands for safety, academic achievement, and a
technologically sophisticated student body. An important way to
meet these challenges is through comprehensive character
education programs. By integrating the values of caring,
respect, responsibility, trustworthiness, citizenship and
family, character education programs help meet the needs of the
whole child, improving self-esteem and decision-making skills,
while increasing the likelihood of academic success and
thoughtful, productive citizenship.
Since its inception in 1994, the Character Education
Partnership Pilot Program has provided crucial support to
States across the country in developing and implementing local
character education program. In the past 6 years, character
education has spread beyond the boundaries of a few isolated
programs to schools all across the country. These schools have
seen an appreciable improvement in school climate; a reduction
in discipline problems, truancy and delinquency; and an
increase in overall student achievement. Federal dollars have
provided the seed money to get these efforts off the ground.
The committee believes that this success merits expansion
of the program to provide grants directly to local school
districts, as well as continuing grants to state and local
partnerships. In addition, the committee recognizes the
importance of national activities to support these effective
state and local programs and has included in S. 2 new
provisions regarding national research, evaluation, and
dissemination. Up to 5 percent of the funds available for
character education may be used for these purposes.
The committee bill authorizes $100 million for all FIE
activities for fiscal year 2001 and such sums as may be
necessary in the 4 succeeding fiscal years.
Part H--Allen J. Ellender Fellowship Program
The Allen J. Ellender Fellowship Program, currently
authorized as part G of title X, is extended through fiscal
year 2005 without major change. The fiscal year 2000
appropriations for the program are $1.5 million. This program
makes an award to the Close Up Foundation to provide
fellowships to students from low-income families and their
teachers to allow them to participate in one week of seminars
on government and meetings with representatives of all three
branches of the Federal Government. Similar activities designed
to increase the understanding of the Federal Government are
made available to older Americans, recent immigrants, and
children of migrant parents. In 1999, approximately 2,800
fellowships were awarded under the program. The bill provides
an authorization level of $1.5 million for fiscal year 2001 and
such sums as may be necessary for the 4 succeeding fiscal
years.
Part I--Ready-to-Learn Television
Ready-to-Learn Television was enacted in 1992 to address
the problem, identified by Dr. Ernest Boyer in his Carnegie
Foundation report, of an alarmingly high number of children who
enter school without the skills to learn. Their lack of
preparation presents enormous obstacles to their education and
raises impossible roadblocks for learning basic skills. Ready-
to-Learn is a worthwhile answer to that crisis. It links the
power of television to the world of books. It helps young
children improve the quality of the time they spend watching
television and turns the old roadblocks into new building
blocks for successful early learning.
The committee finds that Ready-to-Learn has earned
bipartisan support and has proven to be an effective program in
addressing this serious problem. The committee recommends its
continued authorization and expansion.
Part J--Inexpensive Book Distribution Program
This title provides an authorization for the ``Reading is
Fundamental'' (RIF) program. RIF makes books available to
students and supports literacy initiatives in a variety of
settings including schools, child care centers, libraries,
hospitals and homeless centers. The committee recognizes that
reading and literacy skills are at the heart of learning and
continues to support this national model of excellence in this
ESEA reauthorization bill.
Title VI--Innovative Education
Title VI of the bill includes a broad array of flexibility
options for States and localities. The existing title VI
program is expanded to incorporate funding currently provided
through the Goals 2000: Educate America Act. A variety of
provisions dealing with waivers, program coordination, and
related authorities are incorporated into title VI, permitting
State and local officials to find in one place the options
available to them. In addition, new provisions included as
parts B (Rural Flexibility), G (Education Performance
Partnerships), and H (Academic Achievement for All
Demonstration) of the title offer additional opportunities to
combine Federal education funds in ways which will make the
most effective use of these funds in meeting the individual
needs of schools and students.
Part A--Innovative Education Program Strategies
The purpose of part A of title VI is to provide funds to
local educational programs for the implementation of
initiatives that support school improvement and reform efforts
with the goal of advancing student performance. To accomplish
this purpose, States allocate funds to local school districts
for an array of activities such as professional development,
technology, and library services.
Title VI was created almost 20 years ago in response to the
calls from State and local educational agencies that they be
given the flexibility to respond to the education reform needs
of their local communities. It remains the most flexible source
of education funds provided by the Federal Government. The
Title VI Effectiveness Evaluation for 1998 prepared by the
Title VI National Steering Committee included the following
observation from an Arkansas school district official:
Title VI is the only Federal program where schools
can actually use money that isn't previously directed
to a need identified by those outside the school. As
our needs change, the program has the flexibility to
change with us. The funds are most beneficial when they
are used with other funding sources to work toward
improving targeted areas identified by the district.
The committee bill increases the current funding level for
the Innovative Education Program Strategies section,
authorizing $850 million for fiscal year 2001. This increased
funding is achieved by combining funds from Goals 2000 State
Grants Program--which is repealed in the bill--and the annual
allocation for the current title VI program. In fiscal year
2000, funding for the current title VI program is $365.8
million.
Part B--Rural Flexibility
Part B is one of the new flexibility initiatives included
in title VI and is based on S. 1225, the ``Rural Education
Initiative Act,'' introduced by Senator Collins. The purpose of
this part is to provide adequate funding to rural school
districts to enhance their ability to recruit and retain
teachers, strengthen the quality of instruction, and improve
student achievement. Through flexibility provisions and a
supplemental grant program, rural school districts will have
the ability to maximize their resources for implementation of
education reform strategies.
Subpart I, the Rural Educational Achievement Program, is
designed to address 2 unique problems facing small, rural
districts. The Elementary and Secondary Education Act
authorizes formula and competitive grants that allow many of
our local school districts to improve the education of their
students. These Federal grants support efforts to promote such
laudable goals as the professional development of teachers, the
incorporation of technology into the classroom, gifted and
talented programs and making sure our schools provide safe
learning environments for our children. Schools receive several
categorical grants supporting these programs, each with its own
authorized activities and regulations and each with its own red
tape and paperwork.
Unfortunately, as valuable as these programs may be for
thousands of predominantly urban and suburban school districts,
they simply do not work well in rural areas. This is because
the grants are based on school district enrollment.
Unfortunately, these individual grants confront smaller schools
with a dilemma; namely, they simply may not receive enough
funding from any single grant to carry out meaningful
activities. Part B will allow a district to combine the funds
from four categorical programs and use the funds to support
projects that bring about improved academic achievement.
Small Rural Schools face equally difficult challenges when
attempting to compete for competitive grants. These schools
must dedicate all of their resources to the primary task of
educating students. They lack the personnel and resources to
prepare successful applications.
In response to these challenges, Part B permits rural
school districts with enrollments of fewer than 600 students to
combine funds from titles II, IV, and VI and apply these funds
toward local initiatives designed to improve student
achievement. In addition, participating localeducational
agencies are eligible to receive a supplemental grant that, when
combined with other Federal dollars, will enable these small rural
schools to offer programs and activities of sufficient size, scope, and
quality to have a significant impact upon student and school
performance.
Subpart II, the Low-Income and Rural School Program, is
designed to meet the needs of rural school districts serving
large numbers of disadvantaged students. Local educational
agencies residing in rural communities are eligible to receive
funds from this program if 20 percent of the children they
serve are from families living below the poverty level.
A funding level of $125 million is authorized to support
these programs during fiscal year 2001.
Parts C through F--General Flexibility Authorities
Parts C through F of title VI contain flexibility
authorities included in current law which are moved to a single
title for ease of reference.
Part C includes the provisions of the Education Flexibility
Partnership Act, which was signed into law in 1999 (Public Law
106-25) as a free-standing bill. This act allows State
educational agencies to waive certain Federal requirements,
along with related State requirements, for the purpose of
raising the achievement of all students.
Part D includes the ``Flexibility in the Use of
Administrative and Other Funds'' currently included as part B
of title XIV. These provisions permit States and localities to
consolidate administrative funds from several Federal programs.
Part E includes the ``Coordination of Programs;
Consolidated State and Local Plans and Applications''
provisions currently included as part C of title XIV. These
provisions permit the submission of a single plan for several
different programs at both the State and local levels.
Part F includes the waiver provisions currently included as
part D of title XIV. These provisions offer broad authority for
the waiver of statutory or regulatory requirements of the act
in order to increase the quality of instruction or improve
academic performance.
Part G--Education Performance Partnerships
Part G includes one of the significant steps taken by the
committee to increase flexibility in exchange for greater
accountability. The committee has taken these steps in the
recognition that national programs which offer assistance for
specific activities are limited in their ability to capture the
diversity of individual needs in States and localities
throughout the country.
Among these steps are two new initiatives included in title
VI which are designed to permit states and localities to make
the most effective use of the federal funds available to them.
The first of these initiatives is the performance partnership
provisions included in part G, which are based on a bipartisan
proposal developed by the National Governors Association (NGA).
In a February 28, 2000, letter to Chairman Jeffords, the
Chairman (Governor Mike Huckabee) and Vice Chairman (Governor
James B. Hunt Jr.) of the Human Resources Committee of the
National Governors Association (NGA) noted:
* * * The Governors support an education system that
focuses on performance, is aligned with state
standards, and incorporates strong accountability
mechanisms. To this end, Federal education resources
must be accompanied by broad flexibility to ensure that
those who work within the education system can be held
accountable for the results they achieve. NGA believes
that the substitute bill takes an important step in
moving Federal elementary and secondary education
programs in this direction.* * *
Under the performance partnership provisions, any State has
the opportunity to combine the funds it receives from Federal
education formula grants to tailor activities which will
increase the academic achievement of its students. This
approach will permit a States to focus funding in the areas in
which its particular needs are greatest and which hold the
greatest promise of success. In addition, it would permit
States to operate under a single set of rules--allowing for the
integration of State and Federal reform efforts.
In exchange for this broad flexibility, a State must meet
tough accountability standards which demonstrate progress in
increasing academic achievement and in narrowing the gap
between its lowest and highest achieving students. If a State
chooses not to participate, any local educational agency in
that State may do so.
Participating States or local educational agencies will
enter into performance partnership agreements with the
Secretary of Education, which will include student performance
goals for the 5-year term of the agreements. Part G sets out a
timetable for negotiations between the State and the Secretary
and provides for a peer-review process in the event that the
agreement is rejected by the Secretary.
Under a performance partnership agreement, a State may
combine funds under all or any combination of formula grant
programs listed in part G. These programs include: (1)
Improving Basic Programs Operated by Local Educational Agencies
(part A of title I); (2) Even Start; (3) Migrant Education; (4)
Demonstrations of Innovative Practices (section 1502); (5)
Teacher Empowerment Grants to States, Subgrants to Eligible
Partnerships, and Subgrants to Local Educational Agencies; (6)
Initiatives for Neglected, Delinquent, or At Risk Students; (7)
Technology Literacy Fund; (8) Innovative Education; (9)
Emergency Immigrant Education; (10) any other State formula
grant program authorized under the Elementary and Secondary
Education Act which was not in effect prior to the date of
enactment of the Educational Opportunities Act; (11) Class-Size
Reduction; (12) State and Local Education Systemic Improvement
(title III of the Goals 2000: Educate America Act); and (13)
Education for Homeless Children and Youth.
In many respects, performance partnerships are a logical
extension of the Education Flexibility Partnership (``Ed
Flex'') provisions signed into law last year with the near-
unanimous support of this committee and the full Senate. The
list of programs subject to increased flexibility are similar,
with the notable differences being that performance
partnerships may include the homeless education program but may
not include Safe and Drug Free Schools and Communities programs
or programs authorized under the Carl D. Perkins Vocational
Technical Education Act. In addition, the performance
partnership provisions include authority relating to formula
grant programs added to the Elementary and Secondary Education
Act in the future. The list of program requirements which may
not be waived is identical in the two authorities.
Performance partnerships take a step beyond Ed Flex,
however, in that no program requirements other than those
specifically mentioned in part G will apply to the funds
combined under the partnership agreement. These funds may be
used for any educational purpose designed to improve student
achievement. Under Ed Flex, program requirements may be waived,
but funds must be used to meet the specific purposes of the
Federal programs included in the waiver authority.
Part G includes special provisions related to the targeting
of funds in cases where a performance partnership agreement
includes funds from part A of title I. In those cases, a State
must maintain the current formula for distributing those funds
to schools and school districts.
Accountability requirements also vary between performance
partnership agreements which include part A of title I funds
and those which do not. In both cases, however, States must
establish rigorous performance goals which: establish high
standards for all students; include annual goals for improving
the performance of each group of students (disaggregated by
race, ethnicity, English proficiency status, and socioeconomic
status) and for narrowing achievement gaps; and require all
students to make substantial gains in achievement.
At the end of the third year of the agreement, the
Secretary will conduct a performance review of the State's
progress in meeting its goals and is to make recommendations
for improvement in cases where progress is inadequate. In those
cases, the Secretary will conduct a second review the following
year and may either withhold a percentage of State
administrative funds or terminate the agreement if problems
persist. In instances where the review shows that student
achievement in the State has declined significantly, the
Secretary will terminate the agreement.
The accountability requirements included in part G are
stringent, and it is the intent of the committee that they be
fully met by the States and local educational agencies which
are permitted maximum flexibility in the use of Federal funds.
Part G also provides a directed appropriations of $2.5
billion for a bonus award fund. The award fund is intended to
serve as a strong incentive to States to increase the academic
achievement of their lowest performing students, and the $2.5
billion in funding is made mandatory in order to guarantee that
all States which make significant progress in eliminating
achievement gaps over a 5-year period will receive bonus
awards. To qualify, a State must reduce the achievement gap
between its lowest and highest performing students in at least
3 of 4 measured categories by a percentage that exceeds the
national average. The measured categories include math and
English at the 4th- and 8th-grade levels. Performance is to be
measured either by National Assessment of Educational Progress
tests or by another non-State auditing device. All States are
eligible to compete for bonus awards--whether or not they
choose to enter into performance partnership agreements.
Part H--Academic Achievement for All Demonstration
A second State flexibility option is provided in part H of
title VI, the Academic Achievement for All Demonstration. The
committee approved an amendment by Senator Gregg to include
part H, the provisions of which are similar to those of
legislation (H.R. 2300) approved by the House of
Representatives last year.
Like part G, part H is intended to provide States and local
educational agencies with maximum flexibility in the use of
Federal education formula grant funds in exchange for strong
accountability for improving student achievement through 5-year
agreements. There are a number of differences in the specific
approaches to achieving this objective, the most significant of
which relate to the number of participants, the role of the
Secretary, and the distribution of funds made available under
part A of title I.
Participation in the demonstration program established by
part H is limited to the first 15 States to submit approvable
applications. If a State chooses not to participate in either
part G or part H, any local educational agency in that State
may do so.
The performance agreement submitted by the State is not
negotiated with the Secretary. Rather, the Secretary must
approve the agreement within 60 days unless it is incomplete.
If part A of title I funds are included in the agreement,
the State must provide each local educational agency an amount
at least equal to the part A funds the agency received in the
fiscal year preceding the one in which the performance
agreement took effect. Unlike the part G requirements, a
participating State is not required to maintain Federal
targeting of funds to local educational agencies above the
hold-harmless amount or to the school level.
The list of programs from which a State can choose to
combine funds is similar to the list included in part G, with
the exceptions being that selected vocational education
programs may be included in a part H agreement and no reference
is made to new formula grant or Goals 2000 programs.
Accountability requirements vary among performance
agreements which include any title I funds, those which include
part A of title I funds, and those which do not include title I
funds at all. If title I funds are not included, States must
establish performance goals which: establish a single high
standards for all students; include annual goals for improving
student performance in each subject and grade included in State
assessments; compare student performance from one year to the
next by grade level; and require all students to make
substantial gains in achievement. States which include title I
funds must meet several additional requirements, including the
establishment of numerical student performance objectives and
the disaggregation of assessment data by race, ethnicity,
gender, English proficiency status, migrant status, and
economic disadvantage. Annual numerical goals for improving the
performance of students for which data is disaggregated and for
narrowing the achievement gap must also be established by those
States including part A funds in their agreements.
As is the case with part G, the Secretary has the authority
to terminate an agreement under certain circumstances and must
do so if a State has not substantially met its performance
goals at the end of the 5-year term. In those cases, the
Secretary may also reduce up to half of State administrative
funds for the programs included in the agreement in each of the
2 years following termination.
Part H also includes provisions for rewards to States which
reduce achievement gaps, with the rewards being limited to
States with performance agreements. The reward amount is equal
to 5 percent of the funds allocated to the State for the first
year of the performance agreement for programs included in the
agreement. To qualify a State must either: (1) reduce by at
least 25 percent the difference between the percentage of the
highest and lowest performing groups of students for which data
is disaggregated that meet the State's proficient level of
performance in at least two content areas and at least two
grade levels or (2) increase by 25 percent the proportion of
two or more groups of students for which data is disaggregated
that meet the proficient level. One of the two content areas
must be math or reading. The Secretary is required to set aside
sufficient funds under the Fund for the Improvement of
Education to cover reward amounts to qualifying States.
Title VII--Bilingual Education
The Bilingual Education program is designed to provide
educational assistance to students with limited English
proficiency. Funds awarded under this program help students
with limited English proficiency to meet challenging State
standards. S. 2 repeals the authorization for Program
Development and Implementation grants and weaves the purposes
of the program into other bilingual initiatives funded under
this title. The committee also decided to combine Comprehensive
School grants and System-wide Improvement grants into one
program. Grants awarded under this initiative will be used for
such activities as improving instructional programs, training
school personnel, and implementing family education or parent
outreach programs.
One significant change the committee has included in the
reauthorization pertains to grant priority. In awarding grants,
the Secretary shall give priority to an applicant: (1) who
experiences a dramatic increase in the number or percentage of
limited English proficient students enrolled in the applicant's
program and has limited or no experience in serving limited
English proficient students; (2) that is a local educational
agency that serves a school district with a total enrollment
less than 10,000 students; (3) who demonstrates a proven record
of success inhelping limited English proficient students; (4)
who proposes initiatives that provide for the development of bilingual
proficiency both in English and another language for all participating
students; or (5) who serves a school district in which a large
percentage or number of limited English students is enrolled.
S. 2 retains the State grant program. The committee
believes that it is important to increase the minimum funding
level from $100,000 to $200,000. $300 million has been
authorized for part A bilingual programs for fiscal year 2001.
The Foreign Language Assistance program provides
competitive grant assistance to State or local educational
agencies to provide foreign language study for elementary and
secondary school students. S. 2 extends this program through
fiscal year 2005 and adds provisions giving special
consideration to grant applications which make effective use of
technology, promote innovative activities, or are carried out
through a consortium.
The Emergency Immigrant Education program provides funds to
local educational agencies that experience unexpectedly large
increases in their student populations due to immigration to
assist with the education of those students. The committee
raised the authorization level for fiscal year 2001 to $200
million.
Title VIII--Impact Aid
Background
Impact Aid programs provide assistance to school districts
that are financially burdened as a result of activities of the
Federal Government for the education of federally connected
children or due to the presence of Federal property. Total
fiscal year 2000 appropriations for impact aid is $906.5
million. Separate funding authorities are provided for the
major activities supported under title VIII. These include:
(1) Payments relating to Federal property (Section
8002). This section authorizes payments to school
districts due to federal ownership of property. The
Federal Government must have acquired the property
after 1938, and the assessed value of the property at
the time it was acquired must have represented at least
10 percent of the assessed value of all the district's
real property. Federal property is exempt from local
property taxes, which are a major source of support for
schools. Impact aid payments assist in making up for
the revenue foregone as a result of the Federal
presence. In fiscal year 2000, section 8002 payments
are being provided to 245 school districts. Fiscal year
2000 appropriations: $32 million.
(2) Basic support payments for eligible federally
connected children (Section 8003(b)). Federally
connected children include children of members of the
Armed Forces (living on or off the military base);
children who live on Indian lands; children who live in
low-rent housing; and children of civilians who work
and/or live on federal land. A ``weight'' is assigned
to each category of children. The weights are intended
to reflect differences in tax revenues lost and
educational costs and are one of the factors used in
the calculation of award amounts to local educational
agencies. In fiscal year 2000, basic payments are
provided to approximately 1,400 local educational
agencies serving over 1.2 million federally connected
children. Fiscal year 2000 appropriations: $737.2
million.
(3) Children with disabilities (Section 8003(d)).
This subsection provides additional funds for federally
connected children with disabilities. The additional
funds are to be used in accordance with the provisions
of the Individuals with Disabilities Education Act. In
fiscal year 2000, 831 school districts are receiving
payments on behalf of about 52 million children under
this subsection. Fiscal year 2000 appropriations: $50
million.
(4) Additional assistance for heavily impacted local
educational agencies (Section 8003(f)). Under current
law, a separate authority is provided for payments to
local educational agencies which enroll large numbers
or proportions of federally connected students. (As
noted below, S. 2 folds payments to heavily impacted
districts into the basic payments subsection of the
act.) In fiscal year 2000, 27 school districts are
receiving payments under this authority. Fiscal year
2000 appropriations: $72.2 million.
(5) Construction (Section 8007). This section
authorizes funds for the construction and renovation of
school facilities for the local educational agencies
with enrollments comprised of at least 50 percent
children living on Indian lands or with a parent in the
uniformed services and heavily impacted local
educational agencies. Authority is also provided for
payment to districts receiving assistance under section
8006 (``Payments for Increases in Military
Dependents''), but funding has never been provided for
this section. Payments are determined by ratably
distributing available funds among eligible local
educational agencies according to the relative weighted
count of federally connected students. In fiscal year
2000, approximately 150 local educational agencies
receive payments under this section in an average
amount of $46,667. Fiscal year 2000 appropriations:
$10.1 million.
(6) Facilities (Section 8008). This section
authorizes assistance for school facilities (both
emergency repairs and comprehensive capital
improvements) supported under the old section 10
program. These schools are owned by the Department of
Education and are used by local educational agencies to
educate federally connected military students. There
are 118 schools owned by the Department of Education
and located on military bases. Since 1983, the
Department of Defense has taken responsibility for the
maintenance and operation of 68 of these schools (known
as Domestic Dependents Elementary and Secondary
Schools). The Department of Education is responsible
for the remaining 50 schools. Fiscal year 2000
appropriations: $5 million.
Provisions of S. 2
The committee bill extends currently funded impact aid
programs through fiscal year2005. Unfunded authorities for
special additional payments for local educational agencies with high
concentrations of children with severe disabilities and for sudden and
substantial increases in attendance of military dependents are
repealed.
A significant initiative included in S. 2 is the expansion
of the current construction authority to include a facilities
modernization component. These provisions are based on
recommendations included in S. 897, the ``Federally Impacted
School Improvement Act,'' introduced by Senators Baucus and
Hagel. The purpose of this expansion is to provide badly needed
assistance for schools serving large proportions of children
living on or near Federal property which are located in
districts which have no bonding authority or are at their limit
for bonded indebtedness. Most of these children reside on
Indian lands or are military dependents. Because of the Federal
presence, these districts have limited--if any--access to tools
such as local mill levies which are normally used by school
districts to address school construction and repair needs. As a
consequence, many of these school facilities are in serious
disrepair and pose very real health and safety concerns. The
committee bill authorizes $62.5 million in fiscal year 2001 for
construction and facilities modernization. Of this amount, 20
percent is reserved for the construction activities authorized
under section 8007 of current law. The remaining 80 percent is
to be used for the new facilities modernization activities
authorized in section 8007A.
A number of the revisions included in S. 2 are intended to
reduce delays in the issuance of payments and to avoid
disruption of payments to program participants. The committee
is aware of the severe difficulties faced by school districts
in planning, budgeting, and conducting related administrative
activities when the Federal impact aid payments upon which they
depend are delayed or abruptly reduced. The committee notes
that the Department of Education has developed a performance
goal related to the timely distribution of basic support
payments and strongly encourages department officials to
continue to give priority to this effort.
Over the years, heavily impacted districts in particular
have experienced lengthy delays in receiving payments. In an
effort to alleviate this problem, the committee bill folds
payments to heavily impacted districts into the basic payments
structure, consistent with the provisions of a pilot program
which has been in operation for the past two years. School
officials of heavily impacted districts have expressed
satisfaction with the pilot program, particularly in terms of
its success in expediting payments.
The bill also seeks to avoid payment delays to Federal
property districts by requiring the Secretary to make a
preliminary payment of 60 percent of the amount received by a
local educational agency in the previous year no later than 60
days following enactment of appropriations--provided that the
local educational agency has submitted all data necessary for
computation of its payment. In many cases, the failure of some
local educational agencies to submit necessary data in a timely
fashion has contributed to delays in payment to all districts.
It is the hope of the committee that this provision will
provide an incentive for all program participants to submit
their data within the time frames established in the act. In
addition, the bill establishes a 5-year time frame following
Federal acquisition of property in which districts may apply
for payments. The committee believes that 5 years is an
adequate period of time for a local educational agency to
determine its need for impact aid payments to compensate for
revenue losses it experiences due to Federal property
acquisition.
In an effort to avoid substantial disruptions in the
payments to a number of Federal property districts, the
existing hold-harmless provisions are replaced with new
provisions dealing with the distribution of funds if
appropriations are insufficient.
The committee bill also increases from .10 to .25 the
weight assigned to children who have a parent who is on active
duty in the uniformed services or is an official of a foreign
government and is a foreign military officer, but do not reside
on Federal property. A hold-harmless provision is included to
assure that other local educational agencies do not lose funds
due to this weight adjustment.
The bill also includes language clarifying that current law
provisions which permit military dependents living off-base to
be counted as on-base students in situations where their base
housing is being renovated apply in the same way to situations
involving the rebuilding of on-base housing. This clarification
is intended to make explicit the view of the committee that the
provisions in current law cover both renovation and rebuilding.
The committee neither intends nor expects Department of
Education officials to seek the recovery of funds provided in
the past to any local educational agency which exercised these
provisions with respect to a rebuilding project. This new
language also institutes a maximum 3-year time limit for these
renovation/rebuilding provisions. Current law does not include
a time limit, and this new limit will take effect with respect
to payments made for fiscal years beginning on or after the
date of enactment of S. 2.
A total of $1.04 billion is authorized for impact aid
programs in fiscal year 2001, as follows:
In millions
Payments for Federal Acquisition of Real Property (Section
8002)..................................................... $35.5
Basic Payments (Section 8003(b)).............................. 875.0
Payments for Children with Disabilities (Section 8003(d))..... 60.0
Construction and Facilities Modernization (Sections 8007/
8007A)
62.5
Facilities Maintenance (Section 8008)......................... 7.0
Such sums as may be necessary are authorized for each of
the fiscal years 2002 through 2005.
Title IX Indian, Native Hawaiian, and Alaska Native Education
Part A--Indian education
This part of the bill modifies and improves educational
services provided for American Indian and Alaska Native
students. The committee has included four new activities that
can be provided under grants to Local Educational Agencies.
These additions are intended to encourageLEAs to address the
needs of American Indians and Alaskan Native students in the areas of
curriculum development, creating and implementing standards, improving
student achievement and gifted and talented education. The committee
also recognizes that increasing the flexibility at the local level may
give LEAs the ability to reduce their administrative costs while
improving the services they provide. Accordingly, the committee
included a new provision which would allow an LEA which receives
formula grants under Part A the ability to commingle all of the federal
funding they receive for educating Indian children, regardless of which
agency provides it, into one coordinate comprehensive program to meet
the specific needs of Indian children. In addition, the committee has
provided increased flexibility in counting eligible children for
funding purposes to BIA funded schools.
Because the committee recognizes the importance of family
literacy services for effected populations, we have allowed for
grants for this purpose under the improvement of educational
opportunities for Indian children. We have also underscored the
importance of both pre-service and in-service training by
separating the two into different sections under professional
development. Lastly, we have reduced the percentage of funds
that can be used on administrative costs.
Part B--Native Hawaiian education
This part of the bill modifies and improves the educational
services provided for Native Hawaiian students. We have updated
the findings of Congress by using the most recent data
available and included additional findings that reflect the new
legal position of the United States relative to the status of
Native Hawaiians as set forth in the brief filed by the United
States in the United States Supreme Court on July 28, 1999. The
committee has maintained the Native Hawaiian Education Council,
while reducing its size and composition. The committee has also
established priorities for the award of contract or grants.
Recognizing that it has been difficult to have one Council
serving two or more islands, the committee has added two more
Island Councils so that each island will have its own Council.
The committee believes that placing all of the existing
programs serving Native Hawaiians into a single more flexible
authority, will allow all of the types of activities currently
carried out to continue. It is the committee's hope that this
consolidation will better serve the educational needs of Native
Hawaiians children and adults. The committee has focused on the
importance of family literacy services in effected populations
once again by adding it as a new permissible activity and we
have reduced the percentage of funds that can be used on
administrative costs.
Part C--Alaskan Native education
This part of the bill modifies and improves the educational
services provided for Alaska Native students. The committee has
decided to place all of the existing programs serving Alaskan
Natives, specifically Alaska Native Educational Planning,
Curriculum Development, Teacher Training, and Recruitment;
Home-Based Education for Preschool Children; and Student
Enrichment, into a single more flexible authority. The
committee believes that the consolidation will allow these
activities to continue and will better serve the educational
needs of Alaskan Native children and adults. The committee has
once again added family literacy services as a new permissible
activity and reduced the percentage of funds that can be used
on administrative costs.
Title X--General Provisions
Throughout the hearing process on the Elementary and
Secondary Education Act, there was a great deal of attention
placed on the importance of research and evaluation in
targeting Federal education dollars. It was the committee's
determination that research should be at the foundation of all
the investments we make at the Federal level. Proven, research
based programs offer the best opportunity for making a
significant and positive difference in the education that our
Nation's students receive. Title X places a new and increased
focus on the importance of research and evaluation in an effort
to make Federal dollars work more effectively in improving
educational opportunities for all young people.
Title XI--Amendments to Other Acts
Part A--Repeals
Part A of title XI repeals the Goals 2000: Educate America
Act and the Advanced Placement Incentive Program currently
authorized as part B of title VIII of the Higher Education
Amendments of 1998. The Advanced Placement program is replaced
with new provisions included as a new part E of title III of
the Elementary and Secondary Education Act.
Part B--Education for homeless children and youth
Part B of title XI includes amendments to the Education for
Homeless Children and Youth program authorized as Subtitle B of
Title VII of the Stewart D. McKinney Homeless Assistance Act.
The program provides State formula grant assistance for: the
establishment of Offices of Coordinator of Education of
Homeless Children and Youth in States; the development and
implementation of State plans for the education of homeless
children; and subgrant support to local educational agencies
for the education of these children.
The committee notes that much progress has been made since
the enactment of the homeless education program in 1987. At
that time, nearly half of all homeless children were not
attending school. In 1996-97, States reported that
approximately 78 percent of these children were enrolled in
grades K-12. At the same time, much remains to be done in
overcoming the particular challenges involved in educating
homeless children and youth. The mobility and frequent absence
of the records or immunizations required for enrollment of
homeless children present significant obstacles to meeting the
educational needs of these children.
The committee bill strengthens provisions of the current
law in an effort to assure that homeless children receive a
quality education, to provide for continuity in the education
ofhomeless children, and to focus resources on high quality
programs. Specifically, the committee bill includes several provisions
designed to avoid segregating homeless students into separate schools.
It is estimated that 40 such schools are now in operation. Many of
these schools were established as temporary arrangements but have now
become permanent fixtures. Serious questions have been raised regarding
the quality of the education offered by some of these institutions.
The bill also contains provisions intended to avoid
disruption of a child's education program by maintaining the
child's attendance at his or her school of origin. The bill
also attempts to avoid enrollment delays by requiring immediate
enrollment and by directing school officials to make referrals
for immunizations and to contact other schools to obtain
required records. Consistent with the committee's efforts
throughout S. 2 to focus Federal resources on proven
approaches, the bill includes new provisions requiring that the
quality of an application is considered in the provision of
subgrants to local educational agencies. A funding level of $40
million is authorized for FY 2001 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
Part C--Albert Einstein Distinguished Educator Fellowship Act
Part C of title XI includes amendments to the Albert
Einstein Distinguished Educator Act of 1994, which is part A of
title V of the Improving America's Schools Act of 1994. This
program, which is administered by the Secretary of Energy,
provides fellowships for 12 elementary and secondary school
mathematics and science teachers each year. Einstein Fellows
work for 10 months in positions in the Department of Energy,
the Senate, the House, the Department of Education, the
National Institutes of Health, the National Science Foundation,
the National Aeronautics and Space Administration, and the
Office of Science and Technology Policy.
In addition to extending the authority for this program, S.
2 revises the order-of-priority provisions. These provisions
set out the order of placement of fellows in years where
funding is not sufficient to support 12 fellows. The committee
bill specifies that first priority will be given to the
placement of 2--rather than 3--fellows in the Department of
Energy. A funding level of $700,000 is authorized for fiscal
year 2001 and such sums as may be necessary is authorized for
each of the succeeding 4 years.
V. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 31, 2000.
Hon. James M. Jeffords,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2, the Educational
Opportunities 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,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosure.
S. 2--Educational Opportunities Act
Summary: Programs under the Elementary and Secondary
Education Act of 1965 (ESEA) are authorized through 2000 under
the General Education Provisions Act (GEPA). S. 2 would extend
the authorization for most of these programs through 2005. It
would also revise or reauthorize parts of the Stuart B.
McKinney Homeless, Albert Einstein Distinguished Educator, and
National Child Protection Acts. In addition, it would
reauthorize activities that are currently authorized under the
Higher Education Act of 1998 (HEA) and Parts III and IV of the
Goals 2000: Educate America Act (Goals 2000). Those provisions
of Goals 2000 were repealed by the Department of Education
Appropriations Act, 2000, contained in the Consolidated
Appropriations Act, 2000 (Public Law 106-113). Because most of
these programs will qualify for an automatic one-year
extension, CBO has estimated costs through 2006.
CBO estimates that authorizations under the bill relative
to current law would total about $25.3 billion in 2001 and
about $158.6 billion over the 2001-2006 period, assuming
adjustments for inflation, or $25.3 billion and $152.2 billion,
respectively, without such adjustments. Over the 2001-2006
period, CBO estimates that implementing S. 2 would increase
outlays by $125.6 billion assuming appropriations that keep
pace with inflation, and by $121.6 billion without such
inflation adjustments.
In addition, CBO estimates that the funding structure for
two bonus payment plans under S. 2 would result in direct
spending of $2.6 billion in 2006 and an additional $100 million
after 2006. Because S. 2 would affect direct spending, pay-as-
you-go procedures would apply to the bill. We estimate,
however, that there would be no impact on direct spending or
receipts over the years for which such procedures apply: the
current year and the next five years.
The reauthorization of programs under S. 2 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 mandatesas 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 S. 2 is shown in Table 1. The costs of this
legislation fall within budget function 500 (education,
training, employment, and social services).
CBO's estimate of the total spending under current law for
2001 includes budget authority that was provided in advance
under Public Law 106-113 and outlays from both this advanced
authority and funding from previous years. CBO's estimate of
proposed changes under S. 2 does not make any assumptions about
advanced funding. Therefore, the estimate of total spending in
2001 under S. 2 includes the advance appropriation enacted for
the 2000-2001 academic year as well as the total estimated
funding under S. 2 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: S. 2 would reauthorize several existing
education programs and create some new ones. Most of the bill's
provisions would be subject to appropriation action. For the
purposes of this estimate, CBO assumes that S. 2 will be
enacted by the end of fiscal year 2000 and that all estimated
amounts will be appropriated for each year. Table 1 shows two
alternative funding paths: One that includes annual adjustments
for anticipated inflation and one without such adjustments.
Two of the provisions in title VI would increase direct
spending, beginning in 2006. The bill explicitly provides $2.5
billion in direct spending authority for one of those
provisions. CBO estimates direct spending of $200 million for
the other provision based on state eligibility requirements
that title VI would establish. Of the $2.7 billion total for
direct spending, CBO estimates that $2.6 billion would occur in
2006, with the remaining $100 million coming over 2007 and
2008.
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2
----------------------------------------------------------------------------------------------------------------
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\..... 13,348 8,077 165 168 171 0 0
Estimated Outlays............................ 12,757 12,280 3,784 987 300 192 51
Total Proposed Discretionary Changes:
Estimated Authorization Level................ 0 25,332 25,707 26,144 26,587 27,209 27,659
Estimated Outlays............................ 0 2,097 19,207 24,706 25,974 26,493 27,067
Spending Under S. 2:
Estimated Authorization Level................ 13,348 33,410 25,872 26,313 26,758 27,209 27,659
Estimated Outlays............................ 12,757 14,376 22,991 25,693 26,273 26,685 27,118
Without Adjustments for Inflation
Spending Under Current Law:
Budget Authority/Authorization Level \1\..... 13,348 8,075 160 160 160 0 0
Estimated Outlays............................ 12,757 12,280 3,782 982 292 182 48
Total Proposed Discretionary Changes:
Estimated Authorization Level................ 0 25,335 25,311 25,301 25,296 25,456 25,456
Estimated Outlays............................ 0 2,097 19,175 24,370 25,217 25,292 25,409
Spending Under S. 2:
Estimated Authorization Level................ 13,348 33,410 25,471 25,461 25,456 25,456 25,456
Estimated Outlays............................ 12,757 14,376 22,957 25,352 25,510 25,474 25,457
CHANGES IN DIRECT SPENDING
Estimated Budget Authority....................... 0 0 0 0 0 0 2,600
Estimated Outlays................................ 0 0 0 0 0 0 2,600
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year. The 2001 level includes $7.9 billion from an
advance appropriation already enacted. Remaining amounts for 2001 and subsequent years are the estimated
authorization levels under current law.
Note.--Components may not sum to totals because of rounding.
Spending subject to Appropriation
S. 2 would reauthorize funding through 2005 for various
programs created under ESEA and other acts which authorize
education programs. These programs, most of which would have
expired in 1999 had not the automatic one-year extension
provided under GEPA applied, would generally be reauthorized at
specific levels for 2001 and for such sums as may be necessary
for 2002 through 2005.\2\ As most of these programs will
qualify for an additional one-year extension under GEPA, CBO
estimates costs through 2006.
---------------------------------------------------------------------------
\2\ The Charter Schools Program is currently authorized through
2003 under the Charter School Reauthorization Act and through 2004
under GEPA. The Albert Einstein Distinguished Educator Act is funded
through the Department of Energy and is not subject to GEPA.
---------------------------------------------------------------------------
CBO estimates that the bill would increase authorized
levels by $25.3 billion in 2001 and by $158.6 billion over the
2001-2006 period assuming that ``such sums'' amounts provided
after 2001 are adjusted for inflation. If the authorized
amounts are appropriated, S. 2 would increase outlays relative
to current-law authorizations by $2.1 billion in the first year
and by $125.6 billion over the six-year period. Without
inflationary adjustments, the increased authorizations would
result in outlays of $121.6 billion over the six years.
Table 2 provides a detailed breakdown of CBO's estimates
for the various components of each title under S. 2. For most
existing programs that S. 2 would simply reauthorize, the
outlay estimates reflect CBO's current spendout rate
assumptions. Because most education programs are funded on a
forward-funded basis, first-year spending is consistently slow
for all programs, with variation in spending patterns in the
subsequent years. Historically, spending occurs at an even
slower rate for new programs, programs that experience
significant funding increases, or programs with matching
requirements or other restrictions. Conversely, spending may
increase when additional activities are authorized for use with
program funds. For new programs or significant revisions to
existing authorizations under S. 2, an explanation of CBO's
outlay assumptions is provided after Table 2.
For several of the new or significantly expanded
competitive programs under S. 2, CBO assumed an outlay rate of
3 percent in the first year and a rate of 65 percent in the
second year (with additional amounts in subsequent years). We
refer to this pattern of spending as the rate for new,
competitive, matching grant programs. By comparison, the
established formula grant program under title I of ESEA has a
pattern of spending 5 percent in the first year and 70 percent
in the second year.
TABLE 2.--DETAILED DISCRETIONARY EFFECTS OF S. 2, 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/Aithorization Level 1....... 13,348 8,077 165 168 171 0 0
Estimated Outlays............................ 12,757 12,280 3,784 987 300 192 51
Proposed Changes:
Title I--Helping Disadvantaged Children Meet High Standards
Grants to Local Education Agencies (LEAs):
Estimated Authorization Level................ 0 15,000 15,236 15,501 15,767 16,032 16,298
Estimated Outlays............................ 0 750 12,012 14,902 15,457 15,722 15,987
School Improvement:
Estimated Authorization Level................ 0 136 138 141 143 146 148
Estimated Outlays............................ 0 7 109 135 140 143 145
Capital Expense Account:
Estimated Authorization Level................ 0 15 15 5 0 0 0
Estimated Outlays............................ 0 1 12 14 7 1 0
Education Finance Incentive Program:
Estimated Authorization Level................ 0 200 203 207 210 214 217
Estimated Outlays............................ 0 10 160 199 206 210 213
Child Centered Program:
Estimated Authorization Level................ 0 500 508 517 526 534 543
Estimated Outlays............................ 0 15 340 481 514 523 531
GAO Report and Evaluation:
Estimated Authorization Level................ 0 9 0 0 0 0 0
Estimated Outlays............................ 0 (2) 3 3 3 (2) 0
Even Start Family Literacy:
Estimated Authorization Level................ 0 500 508 517 526 534 543
Estimated Outlays............................ 0 15 365 456 514 523 531
Education of Migratory Children:
Estimated Authorization Level................ 0 400 406 413 420 428 435
Estimated Outlays............................ 0 20 320 397 412 419 426
Parental Assistance:
Estimated Authorization Level................ 0 50 51 52 53 53 54
Estimated Outlays............................ 0 3 23 43 49 51 53
Federal Activities:
Estimated Authorization Level................ 0 35 36 36 37 37 38
Estimated Outlays............................ 0 2 28 35 36 37 37
Comprehensive School Reform:
Estimated Authorization Level................ 0 200 203 207 210 214 217
Estimated Outlays............................ 0 6 136 192 206 209 213
Assistance to Address School Dropouts:
Coordinated National Strategy:
Estimated Authorization Level............ 0 5 5 5 5 5 5
Estimated Outlays............................ 0 2 4 5 5 5 5
Grants to States:
Estimated Authorization Level............ 0 125 127 129 131 134 136
Estimated Outlays........................ 0 4 85 120 128 131 133
Capacity Building Initiative:
Estimated Authorization Level............ 0 20 20 21 21 21 22
Estimated Outlays........................ 0 8 16 20 21 21 21
Subtotal, Title I:
Estimated Authorization Level.......... 0 17,195 17,456 17,750 18,049 18,353 18,657
Estimated Outlays...................... 0 842 13,611 17,000 17,694 17,994 18,297
Title II--Professional Development for Teachers
Teacher Empowerment:
Estimated Authorization Level................ 0 1,960 1,991 2,026 2,060 2,095 2,130
Estimated Outlays............................ 0 98 1,374 1,885 2,015 2,050 2,084
Alternative Routes to Teaching and Promoting
Excellence in Teaching:
Estimated Authorization Level................ 0 40 41 41 42 43 43
Estimated Outlays............................ 0 2 28 38 41 42 43
Leadership Education and Development:
Estimated Authorization Level................ 0 100 102 103 105 107 109
Estimated Outlays............................ 0 3 68 96 103 105 106
Reading Excellence:
Estimated Authorization Level................ 0 280 284 289 294 299 304
Estimated Outlays............................ 0 3 140 226 272 291 296
National Writing Project:
Estimated Authorization Level................ 0 15 15 16 16 16 16
Estimated Outlays............................ 0 2 12 15 15 16 16
New Century Program for Distributed Teacher
Professional Development:
Estimated Authorization Level................ 0 20 20 21 21 21 22
Estimated Outlays............................ 0 1 14 19 21 21 21
Digital Education Content Collaborative:
Estimated Authorization Level................ 0 25 25 26 26 27 27
Estimated Outlays............................ 0 1 17 24 26 26 27
Subtotal, Title II:
Estimated Authorization Level.......... 0 2,440 2,478 2,522 2,565 2,608 2,651
Estimated Outlays...................... 0 109 1,652 2,304 2,493 2,550 2,593
Title III--Enrichment Initiatives
21st Century Community Learners:
Estimated Authorization Level................ 0 500 508 517 526 534 543
Estimated Outlays............................ 0 25 225 429 486 514 528
Initiatives for Neglected, Delinquent, or At-risk
Students:
Estimated Authorization Level................ 0 42 43 43 44 45 46
Estimated Outlays............................ 0 2 34 42 43 44 45
Javits Gifted and Talented:
Estimated Authorization Level................ 0 155 157 160 163 166 168
Estimated Outlays............................ 0 5 105 149 159 162 165
Arts in Education:
Estimated Authorization Level................ 0 25 25 26 26 27 27
Estimated Outlays............................ 0 1 18 24 26 26 27
Cultural Partnerships for At-risk Youth:
Estimated Authorization Level................ 0 45 46 47 47 48 49
Estimated Outlays............................ 0 1 31 43 46 47 48
Advanced Placement Incentive Program:
Estimated Authorization Level................ 0 50 51 52 53 53 54
Estimated Outlays............................ 0 3 35 48 51 52 53
Repeal of Higher Education Advanced Placement
Program:
Estimated Authorization Level................ 0 -15 -15 -16 -16 0 0
Estimated Outlays............................ 0 -1 -11 -15 -16 -15 -5
Subtotal, Title III:
Estimated Authorization Level.......... 0 802 814 829 843 873 888
Estimated Outlays...................... 0 36 437 720 796 831 860
Title IV--Safe and Drug Free Schools and Communities
State Grants:
Estimated Authorization Level................ 0 700 711 723 736 748 761
Estimated Outlays............................ 0 35 491 673 720 732 744
National Programs:
Estimated Authorization Level................ 0 150 152 155 158 160 163
Estimated Outlays............................ 0 8 105 144 154 157 160
Coordinator Initiative:
Estimated Authorization Level................ 0 75 76 78 79 80 81
Estimated Outlays............................ 0 4 53 72 77 78 80
Subtotal, Title IV:
Estimated Authorization Level.......... 0 925 940 956 972 989 1,005
Estimated Outlays...................... 0 46 648 890 951 967 984
Title V--Educational Opportunity Initiatives
Technology Education:
Estimated Authorization Level................ 0 830 828 842 857 871 886
Estimated Outlays............................ 0 42 373 705 794 839 861
Star Schools:
Estimated Authorization Level................ 0 50 51 52 53 53 54
Estimated Outlays............................ 0 3 23 43 49 51 53
Magnet Schools Assistance:
Estimated Authorization Level................ 0 125 127 129 131 134 136
Estimated Outlays............................ 0 6 88 120 129 131 133
Charter Schools:
Estimated Authorization Level................ 0 28 28 28 29 187 190
Estimated Outlays............................ 0 1 19 26 28 37 140
Women's Educational Equity:
Estimated Authorization Level................ 0 5 5 5 5 5 5
Estimated Outlays............................ 0 (2) 4 5 5 5 5
Civic Education and International Educaton
Exchange:
Estimated Authorization Level................ 0 20 20 21 21 21 22
Estimated Outlays............................ 0 2 16 20 21 21 21
Fund for the Improvement of Education:
Estimated Authorization Level................ 0 100 102 103 105 107 109
Estimated Outlays............................ 0 12 80 99 103 105 107
Ellender Fellowships:
Estimated Authorization Level................ 0 2 2 2 2 2 2
Estimated Outlays............................ 0 (\2\) 1 1 2 2 2
Ready to Learn TV:
Estimated Authorization Level................ 0 50 51 52 53 53 54
Estimated Outlays............................ 0 3 23 43 49 51 53
Inexpensive Book Distribution:
Estimated Authorization Level................ 0 25 25 26 26 27 27
Estimated Outlays............................ 0 1 18 24 26 26 27
Subtotal, Title V:
Estimated Authorization Level.......... 0 1,234 1,238 1,260 1,281 1,461 1,485
Estimated Outlays...................... 0 70 644 1,087 1,204 1,268 1,401
Title VI--Innovative Education
Innovative Education Program Strategies:
Estimated Authorization Level................ 0 850 863 878 893 909 924
Estimated Outlays............................ 0 43 596 878 893 909 924
Grants to Small Rural LEAs:
Estimated Authorization Level................ 0 63 63 65 66 67 68
Estimated Outlays............................ 0 3 44 60 64 65 66
Grants to Poor Rural LEAs:
Estimated Authorization Level................ 0 63 63 65 66 67 68
Estimated Outlays............................ 0 3 44 60 64 65 66
Evaluation of Administrative Flexibility:
Estimated Authorization Level................ 0 (\2\) (\2\) (\2\) (\2\) (\2\) (\2\)
Estimated Outlays............................ 0 (\2\) (\2\) (\2\) (\2\) (\2\) (\2\)
Subtotal, Title VI:
Estimated Authorization Level.......... 0 975 990 1,008 1,025 1,042 1,059
Estimated Outlays...................... 0 49 683 938 1,003 1,020 1,037
Title VII--Bilingual Education
Bilingual Education:
Estimated Authorization Level................ 0 300 305 310 315 321 326
Estimated Outlays............................ 0 15 210 289 308 314 319
Immigrant Education:
Estimated Authorization Level................ 0 200 203 207 210 214 217
Estimated Outlays............................ 0 24 160 199 206 210 213
Subtotal, Title VII:
Estimated Authorization Level.......... 0 500 508 517 526 534 543
Estimated Outlays...................... 0 39 371 488 515 524 532
Title VIII--Impact Aid
Payments for Federal Property:
Estimated Authorization Level................ 0 35 36 36 37 37 38
Estimated Outlays............................ 0 32 35 36 37 37 38
Additional Payments for Certain LEAs Impacted by
Federal Property Acquisition:
Estimated Authorization Level................ 0 1 1 1 1 1 1
Estimated Outlays............................ 0 (\2\) (\2\) 1 1 1 1
Basic Support System Payments and Payments for
Heavily Impacted Districts:
Estimated Authorization Level................ 0 875 889 904 920 935 951
Estimated Outlays............................ 0 788 870 902 918 933 949
Payments for Children with Disabilities:
Estimated Authorization Level................ 0 60 61 62 63 64 65
Estimated Outlays............................ 0 54 60 62 63 64 65
Formula Construction:
Estimated Authorization Level................ 0 13 13 13 13 13 14
Estimated Outlays............................ 0 11 12 13 13 13 14
School Modernization:
Estimated Authorization level................ 0 50 51 52 53 53 54
Estimated Outlays............................ 0 5 19 43 51 52 53
Facilities Maintenance:
Estimated Authorization Level................ 0 7 7 7 7 7 8
Estimated Outlays............................ 0 1 3 6 7 7 7
Subtotal, Title VIII:
Estimated Authorization Level.......... 0 1,040 1,056 1,074 1,093 1,111 1,129
Estimated Outlays...................... 0 890 998 1,063 1,089 1,107 1,126
Title IX--Indian, Native Hawaiian, and Alaska Native Education
Indian Education Grants:
Estimated Authorization Level................ 0 62 63 64 65 66 67
Estimated Outlays............................ 0 7 50 62 64 65 66
Special Programs and National Activities:
Estimated Authorization Level................ 0 4 4 4 4 4 4
Estimated Outlays............................ 0 (2) 3 4 4 4 4
Grants Administration and Planning:
Estimated Authorization Level................ 0 3 3 3 3 3 3
Estimated Outlays............................ 0 (2) 2 3 3 3 3
Education for Native Hawaiians:
Estimated Authorization Level................ 0 23 23 24 24 25 25
Estimated Outlays............................ 0 1 16 22 24 24 24
Alaska Native Education Equity:
Estimated Authorization Level................ 0 17 17 18 18 18 18
Estimated Outlays............................ 0 1 12 16 17 18 18
Subtotal, Title IX:
Estimated Authorization Level.......... 0 109 111 113 115 117 118
Estimated Outlays...................... 0 10 83 107 112 114 116
Title X--General Provisions
General Provisions:
Estimated Authorization Level................ 0 3 3 3 3 3 3
Estimated Outlays............................ 0 (2) 2 2 3 3 3
Comprehensive Regional Assistance Centers:
Estimated Authorization Level................ 0 70 71 72 74 75 76
Estimated Outlays............................ 0 4 49 67 72 73 74
Subtotal, Title X:
Estimated Authorization Level.......... 0 73 74 75 76 77 79
Estimated Outlays...................... 0 4 51 70 75 76 77
Title XI--Amendments to Other Laws
Education for Homeless Children and Youth:
Estimated Authorization Level................ 0 40 41 41 42 43 43
Estimated Outlays............................ 0 2 28 38 41 42 43
Albert Einstein Distinguished Educators:
Estimated Authorization Level................ 0 1 1 1 1 1 1
Estimated Outlays............................ 0 (2) (2) 1 1 1 1
Subtotal, Title XI:
Estimated Authorization Level.......... 0 41 41 42 43 44 44
Estimated Outlays...................... 0 2 29 39 42 43 44
Total Proposed Changes:
Estimated Authorization Level................ 0 25,332 25,707 26,144 26,587 27,209 27,659
Estimated Outlays............................ 0 2,097 19,207 24,706 25,974 26,493 27,067
Total Discretionary Spending Under S. 2:
Estimated Authorization Level................ 13,348 33,410 25,872 26,313 26,758 27,209 27,659
Estimated Outlays............................ 12,757 14,376 22,991 25,693 26,273 26,685 27,118
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year. The 2001 level includes $7.9 billion from an
advance appropriation already enacted. Remaining amounts for 2001 and subsequent years are the estimated
authorization levels under current law.
\2\ Less than $500,000.
Note.--Components may not sum to totals because of rounding.
Title I--Helping Disadvantaged Children Meet High
Standards. Title I would reauthorize and revise programs
currently authorized under parts A, B, C, and E of Title I of
ESEA.\3\ It would also introduce three new programs under the
same title: the Parental Involvement Grant program, the
comprehensive School Reform program, and the Child Centered
Program. S. 2 would authorize a total of $17.2 billion for 2001
for all programs under title I. CBO estimates the total funding
required for title I for the 2001-2006 period would be $107.5
billion, assuming adjustments for inflation. We estimate
resulting outlays of $85.4 billion over the 2001-2006 period.
---------------------------------------------------------------------------
\3\ Part D, which authorizes grants for neglected and delinquent
youth, would be reauthorized under part B of title III of S. 2.
---------------------------------------------------------------------------
Part A--Basic Program. S. 2 would reauthorize the Basic and
Concentration Grant programs under Part A of Title I of ESEA.
The legislation would introduce stricter reporting
requirements, phase out the capital expense account, add
requirements to increase parental involvement, and increase the
allowable set-aside for school improvement activities. It would
also reauthorize two programs which have not been funded, the
Targeted Grant program and the Education Finance Incentive
Program. It would also establish a new program that would allow
parents to control how Title I funds are spent on their child.
Currently, states identified for school improvement are
allowed to set aside 0.5 percent of certain Title I funds for
school improvement activities. S. 2 would allocate 50 percent
of appropriations in excess of the inflated 2000 funding level
for improvement activities in addition to the set-aside. The
legislation would direct any remaining excess to fund the
Targeted Grant program. A similar provision exists in current
law in reference to increases above 1995 levels, but funds have
never been appropriated for these targeted grants.
In addition, S. 2 would continue a separate authorization
for school improvement at such sums as may be necessary for
2001. While this provision has never been directly funded,
Public Law 106-113 set aside $134 million for similar
activities from amounts appropriated for basic grants. CBO
assumes that new funds would be provided specifically through
this additional authorization. As the new school improvement
set-aside under S. 2 would also address these activities
(providing an additional $3.5 billion for 2001 assuming
appropriation of authorized levels), CBO estimates that funding
under this authorization in subsequent years would be
consistent with the 200 appropriation. Therefore, CBO's
estimate for 2001 is $136 million, the 2000 level of $134
million plus inflation.
S. 2 would authorize $15 billion for 2001 for the basic,
concentration, and targeted grants under Part A. The comparable
funding for the 2000-2001 academic year was $7.9 billion.
S. 2 would continue the authorization of the capital
expense account. This account funds costs associated with
ensuring that Title I services to private school children are
administered in neutral settings. In response to the 1997
Supreme Court ruling that overturned this requirement, S. 2
would phase out funding over three years, authorizing $15
million for 2001, $15 million for 2002, and $5 million for
2003. Funding for 2000 was $12 million.
S. 2 would authorize $200 million for 2001 to reauthorize
the Education Finance Incentive Program, which has never been
funded. The program would reward states that finance education
in an equitable manner and at reasonable levels based on the
state's relative wealth. The Secretary of Education would
calculate an equity factor, reflecting the consistency of
spending among districts, and an effort factor, determined by
the extent to which the state's per pupil spending level is
consistent with its relative per capita income. The bill would
authorize the Secretary to award payments in proportion to the
combination of these two factors. States would be required to
use these funds for the same purposes as other grants under
this part; therefore, CBO assumes funds will be spent at the
same rate.
S. 2 would authorize $500 million for 2001 for a new Child
Centered Program to be established in up to 10 states and an
additional 22 Local Education Agencies (LEAs). Participating
states or LEAs would offer supplemental educational programs in
various schools. Parents of eligible students could choose the
school that would provide the supplemental services for their
child and the specific amount allocated for their child would
be directed to that school. Parents would also have the option
to direct the school to use the funds for contracted tutorial
services. The specific per pupil amount that would be made
available for the parent's discretion would be determined by
the LEAs or states, who could also use current Title I funds
for this purpose in addition to funds made available
specifically for this subpart. To be eligible, an agency must
ensure that parents have an adequate number of choices among
potential providers of the supplemental services. The program
would also authorize a school-wide component for schools in
which greater than 50 percent of their students chose to apply
their funds to that school's child centered program.
CBO estimates that designing these supplemental programs
and establishing policies to administer the parental choice
component and per pupil tracking of funds would require
significant start-up time. Therefore, CBO expects that spending
will occur slowly with only $15 million in outlays in 2001
increasing to $531 million in 2006.
S. 2 would also direct the Comptroller General to enter
into a contract to conduct a comprehensive evaluation of the
child centered program, based on annual evaluations of each
program funded under this part. It would require an interim
report after three years and a final report by March of 2006.
Based on estimates from the General Accounting Office, CBO
estimates the total cost of the evaluation and reports would be
$8.5 million. Assuming that funding is provided in 2001, CBO
estimates the costs would be spread over the 2001-2005 period,
with most of the costs incurred for data collection between
2002 and 2004.
Part B--Even Start Family Literacy. S. 2 would
significantly increase funding for Even Start Family Literacy
programs. It would authorize $500 million for 2001, compared
with the 2000 funding level of $150 million. If actual
appropriations exceed $150 million, the legislation would
require 50 percent of such excess, not to exceed $2 million, to
be set aside for a research project through the National
Institute for Literacy. In addition, the bill would require
long-term recipients to assume a greater share of costs,
lowering the allowable federal share of total spending to 35
percent for the ninth year and beyond. It also would expand the
program's authorization to allow funds to be used in
collaboration with otherTitle I funds for programs that serve
children over eight years old. Currently funds are exclusively for
programs serving children ages eight and under. CBO estimates that
these changes would not change spending rates significantly.
Part C--Education of Migratory Children. S. 2 would
authorize $400 million to continue to fund grants to support
the needs of children of migratory workers, currently
authorized under Part C of Title I. The funding level for 2000
was $355 million.
Under current law, the Secretary may set aside a maximum of
$6 million from the total appropriation under Part C of Title I
of ESEA to meet existing data gathering and reporting
requirements. S. 2 would require the Secretary to establish a
national tracking system for children of migratory workers.
States would be required to gather specific data and make the
information available through electronic access. S. 2 would
increase the maximum set-aside to $100 million to address the
additional cost of establishing the system.
Current law also encourages states and LEAs to establish
consortia to coordinate tracking efforts and allows $1.5
million of the funds set aside for data gathering to be used to
provide incentive grants to such consortia. S. 2 would double
the authorized set-aside for these incentive grants to $3
million.
CBO estimates that these increased set-asides will not
significantly alter the spending behavior of this program.
Part D--Parental Assistance. S. 2 would authorize $50
million for 2001 for a new Parental Assistance program. The
program would replace and expand on the Parental Assistance
Funds program, authorized under Title IV of Goals 2000. The
existing program is repealed effective September 30, 2000,
under Public Law 106-113. Funds provided under this part would
be used to support continuation grants for recipients under the
current program. CBO estimates that the funds from this new
program will demonstrate a spending rate consistent with the
current program, which was funded at $33 million in 2000. CBO
estimates outlays for 2001 of $3 million and $221 million over
the six-year period.
Part E--Federal Activities. S. 2 would authorize $35
million for 2001 to continue the existing authority to conduct
Federal evaluations of programs for the disadvantaged and to
fund demonstrations of innovative strategies for serving
disadvantaged children. For 2000, $9 million was provided for
evaluations and $170 million was funded under the demonstration
authority for the Comprehensive School Reform program, which
would be authorized separately under S. 2. As the bill would
introduce no changes to the underlying authorization, CBO
estimates a spending rate consistent with the current programs.
Part F--Comprehensive School Reform. S. 2 would authorize
$200 million for 2001 to continue the Comprehensive School
Reform Grant program created through a 1998 appropriations act.
The program was funded in 2000 at $170 million under Title I's
demonstration authority and at $50 million under the Fund for
the Improvement of Education for a non-Title I component. CBO
assumes a spending rate consistent with the current program's
spending pattern.
Part G--Assistance to Address School Dropouts. S. 2 would
introduce a new Assistance to Prevent School Dropouts program.
A program to address school dropouts is currently authorized
under Part C of Title V of ESEA, but has never been funded.
Subpart 1 would authorize $5 million for the Coordinated
National Strategies component to fund research and the
coordination of dropout prevention strategies and to establish
a national recognition program. Subpart 2 would authorize $125
million for 2001 to fund grants to States based on their
relative share of Title I funds. States could award grants on a
competitive basis directly to schools with high dropout rates.
Funds could only be used to cover start-up and implementation
costs of activities associated with whole school dropout
prevention programs that are research based. It would authorize
an additional $20 million for 2001 under subpart 3 to fund
contracts with non-Federal entities to conduct capacity
building and design initiatives.
CBO expects that spending for subparts 1 and 3 would be
consistent with other research initiatives, while outlays for
subpart 2 would occur at a spending rate consistent with other
new competitive matching grant programs.
Title II--Professional Development for Teachers. Title II
would authorize a total of $2.4 billion for 2001 for several
initiatives that address teacher hiring, recruitment, and
professional development. CBO estimates the total cost of
implementing this title would be $15.3 billion for the 2001-
2006 period, with resulting outlays of $11.7 billion over that
period.
Part A--Teacher Empowerment. The Teacher Empowerment Act
would authorize a total of $2.0 billion for 2001 for a block
grant to fund many activities previously authorized under the
Eisenhower Professional Development and Class Size Reduction
programs, both of which would be discontinued. The combined
funding level for the 2000-2001 academic year was $1.64 billion
under Eisenhower Professional Development and the Class Size
Reduction programs.
S. 2 would reserve $40 million of funds under part A for
subsection 4 which would authorize the Alternative Routes to
Teaching and Promoting Excellence in Teaching program. This
subsection would authorize grants to the National Board for
Professional Teaching Standards to complete a national
certification system and continuation grants for the Eisenhower
National Clearinghouse program. It would also authorize
competitive grants to education consortia to establish teacher
academies that promote alternative routes to certification or
teacher training programs.
For funds under subsection 4 of this part, CBO assumes a
spending rate consistent with other new competitive grant
programs. The remaining $1.96 billion is assumed to spend at a
rate consistent with programs it would replace.
Part B--Leadership Education and Development. S. 2 would
authorize $100 million for 2001 for competitive grants to State
or local education entities to establish professional
development opportunities for educators in leadership roles. S.
2 would require 20 percent of the costs of such programs to be
covered by non-Federal sources. CBO assumes a spending rate
consistent with other new competitive matching grant programs.
Part C--Reading Excellence. S. 2 would authorize $280
million for 2001 to continue the Reading Excellence program,
currently authorized under Part C of Title II of ESEA. The 2000
funding level for this program was $260 million.
Part D--National Writing Project. S. 2 would authorize $15
million for 2001 to continue the National Writing Project,
currently funded under Part K of Title X of ESEA. The 2000
funding level for this program was $9 million.
Part E--The New Century Program for Distributed Teacher
Professional Development. S. 2 would authorize $20 million for
2001 to continue and expand on the purposes of the Telecom
Demonstration program, currently authorized under Part D of
Title III of ESEA. The 2000 funding level for this program was
$8.5 million. Despite the significant increase in funds, CBO
assumes a spending rate consistent with the current program.
Part F--Digital Education Content Collaborative. S. 2 would
authorize $25 million for 2001 for a new program to support the
development of educational videos. It would authorize 3-year
grants with a 50-percent matching requirement. CBO assumes a
spending rate consistent with other new competitive matching
grant programs.
Title III--Education Enrichment. Title III would authorize
a total of $802 million for 2001 to continue four programs that
focus on unique student populations or are offered outside the
traditional classroom or school day. CBO estimates the total
cost of implementing this title would be $5.0 billion for the
2001-2006 period, with resulting outlays of $3.7 billion over
that period.
Part A--21st Century Community Learners. S. 2 would
authorize $500 million for 2001 to continue the 21st Century
Learners program, currently authorized under Part I of Title X
of ESEA, with no significant revisions. The 2000 funding level
was $453 million.
Part B--Initiatives for Neglected, Delinquent, or At-risk
Students. S. 2 would authorize $42 million for grants for
education programs for neglected or delinquent youth, currently
authorized under Part D of Title I of ESEA. The 2000 funding
level was also $42 million.
Part C--Javits Gifted and Talented. S. 2 would reauthorize
and significantly revise the Javits Gifted and Talented
program, currently authorized under Part B of Title X of ESEA.
The current program supports competitive grants to states to
develop and implement model programs that identify and
challenge gifted and talented students. It also supports
activities conducted through the National Center for Research
and Development in the Education of Gifted and Talented
Children and Youth.
Under S. 2 once, funding exceeds $50 million, the program
would be converted into a formula grant program supporting
research-based gifted and talented programs in all states. It
would set aside up to $50 million for continuation grants to
current recipients under the competitive grant structure. The
bill would allow 30 percent of funds to be reserved for the
National Center for Research and Development.
The remainder would be allocated among states based on
their relative school-age population. States could set aside 10
percent for administrative and application review purposes and
2 percent for statewide parental support initiatives. The
remainder would be allocated to LEAs on a competitive basis for
activities targeted at gifted and talented students including
offering professional development opportunities, implementing
of model programs, or providing services for gifted students
via distance learning. States would be required to fund 20
percent of program costs through non-Federal sources.
The bill would authorize $155 million for 2001 and such
sums as necessary through 2005. The 2000 funding level for the
current competitive grant program is $6.5 million. Typically,
pilot programs demonstrate slower spending rates when they are
expanded to become permanent grant programs. Spending also
slows when matching requirements are introduced or when the
scope of the program increases significantly. Therefore, CBO
estimates that the program authorized under S. 2 would spend
more slowly than the current program. CBO assumes a rate
consistent with other new competitive matching grant programs.
Part D--Arts in Education. S. 2 would authorize $25 million
for 2001 to continue to support art education programs through
the John F. Kennedy Center for the Performing Arts and VSA
(formerly Very Special Arts) currently authorized under Part D
of Title X of ESEA. Funding for 2000 was $12 million and CBO
assumes spending to remain consistent with current rates.
S. 2 also would authorize $45 million for the Cultural
Partnerships for At-risk Youth program, also authorized under
Part D of Title X but which has never been funded. S. 2 would
authorize competitive grants and require 20 percent of program
costs to be covered by nonfederal sources. Recipients could use
funds for activities aimed at improving educational performance
of at-risk youth, defined as those who have a history of drug
use, are pregnant or have children, or have been incarcerated.
Unlike the current authorization, S. 2 would not allow funds to
be used for transportation, child care for children of
participants, or equipment and supplies. CBO assumes a spending
rate consistent with other new competitive matching grant
programs.
Part E--Advanced Placement Incentive Program. S. 2 would
repeal the Advanced Placement program, authorized under Part B
of Title VII of HEA and authorize the same activities under a
new Advanced Placement Incentive Program. It would also
introduce a grant program component for states to provide on-
line advanced placement courses. The bill would authorize $50
million for 2001, directing 30 percent of the actual
appropriation to be used for the traditional advanced placement
program and the remaining 70 percent for grants under the on-
line program. Comparable funding for the traditional program
for 2000 was $15 million.
Title IV--Safe and Drug Free Schools and Communities Act.
S. 2 would authorize a total of $925 million to continue the
Safe and Drug Free Schools and Communities program in 2001,
currently authorized under Title IV of ESEA. CBO estimates the
total cost of enacting this title would be $5.8 billion for the
2001-06 period, with resulting outlays of $4.5 billion over
that period.
Part A--State Grants. S. 2 would authorize $700 million for
2001 for grants to state educational agencies and governors'
programs and introduce several revisions. The comparable
funding level for the 2000-2001 academic year was $439 million.
It would require States to establish an advisory council, to
implement a uniform management information system to track
program services, and to include a parent involvement component
in their State plans. It would allow States to submit interim
plans while they incorporate these changes. It would also
increase the allowable set-aside for administrative purposes
from 4 percent to 5 percent, grant States more discretion in
allocating funds to LEAs, and remove a requirement that 10
percent of the governor's program funds be used for Law
Enforcement Education Partnerships programs. It would maintain
the current 20-percent cap on funds that can be spent on
purchasing security devices such as metal detectors, but would
expand the list of allowable devices to include electronic
locks,surveillance cameras and other technologies. CBO
estimates that the net effect of these provisions would not change the
current spending rate for this program.
S. 2 also would authorize $150 million to continue the
National Programs and $75 million to continue the National
Coordinator Initiative in 2001. Funding levels in 2000 were
$111 million and $50 million, respectively. It would establish
a Safe and Drug Free Schools and Communities Advisory Committee
to coordinate Federal programs. The advisory committee would be
composed of representatives from eight Federal institutions and
State and local governments. Authorized activities would
include technical and training assistance, research and program
evaluations, and information dissemination. CBO does not assume
this new provision will significantly alter the spending of
these programs.
Part B--Gun Free Requirements. S. 2 would introduce two new
requirements for recipients of funds under Title IV of ESEA.
States must have in effect a State law mandating 1-year
suspension for students caught with a weapon. Secondly, LEAs
receiving funds under this part must have a policy of referring
such students to juvenile court and comply with the state
suspension law. CBO estimates no costs associated with this
part.
Part C--School Safety and Violence Prevention. Part C would
not authorize additional funds but would expand the allowable
activities for funds authorized under Titles IV and VI of ESEA.
Under S. 2, funding under these two titles could be used for
training school personnel to identify illegal weapons and
respond to emergencies, purchasing school security equipment,
or assisting schools to implement school uniform policies. It
would also require States receiving funds under this part to
establish policies for transferring data between LEAs regarding
student expulsions and suspensions. CBO estimates no change in
spending from these provisions.
Title V--Educational Opportunity Initiatives. Title V would
authorize a total of $1.2 billion for 2001 for a variety of
programs. CBO estimates the total cost of implementing this
title would be $8.0 billion for the 2001-06 period, with
resulting outlays of $5.7 billion over that period.
Part A--Technology Education. S. 2 would authorize $815
million for 2001 to continue the Technology for Education
program, currently authorized under Part A of Title III of
ESEA.
For 2001 only, S. 2 would authorize an additional $5
million for the National Programs Initiative and an additional
$10 million for the Regional Technical Support and Professional
Development program, to cover one-time requirements. These
additional authorizations address the costs of two new
requirements that S. 2 would introduce. Under the National
Programs Initiative, S. 2 would require the Secretary to update
the National Long-Range Technology Plan within 12 months of the
bill's enactment. S. 2 would require recipients of funds
granted under the Regional Technical Support and Professional
Development program to submit a report to the Congress
detailing program activities within 3 months of enactment.
The bill would require recipients to use funds for the
State and Local Programs on initiatives to involve parents in
their children's technology education and to prepare teachers
in technology. It would also require the Secretary to submit an
evaluation of both the Technology Literacy Challenge and the
Technology Literacy Fund within three years of enactment. CBO
expects that any changes would not affect current spending
patterns in these programs.
Part B--Star Schools. S. 2 would authorize $50 million for
2001 to continue the Star Schools program. The funding level
for 2000 was $51 million.
Part C--Magnet Schools Assistance. S. 2 would authorize
$125 million for 2001 to continue the Magnet Schools program
currently authorized under Part A of Title V of ESEA. Funding
for 2000 was $110 million. S. 2 would add provisions to ensure
that programs are sustainable once federal funds are no longer
available. States are currently allowed to set aside for
planning 50 percent in year one, 15 percent in year two, and 10
percent in year three. S. 2 would increase the amounts for
years two and three to 25 percent and 15 percent respectively.
It would also require the Secretary to disseminate evaluation
results publicly.
Part D--Charter Schools. The Charter School program is
currently authorized through 2003 under the Charter School
Reauthorization Act (Public Law 105-278) and through 2004 under
GEPA. S. 2 would authorize $175 million for 2001 and extend the
authorization through 2005 (2006 under GEPA). The comparable
funding for 2000 was $145 million.
Part E--Women's Educational Equity. S. 2 would authorize $5
million to continue the Women's Educational Equity program for
2001, currently authorized under Part B of Title V of ESEA. The
2000 funding level was $3 million.
Part F--Civic Education. As part of the Civic Education
program, currently authorized under Part F of Title X of ESEA,
the Secretary contracts with the Center for Civic Education to
conduct two specific civic education programs. Under the
International Education Exchange program, authorized under Part
VI of Goals 2000, educational leaders from democratic countries
are eligible to participate in a variety of activities aimed at
improving education about democracies and free markets. S. 2
would reauthorize both programs together as Part F of Title V
of ESEA. It would require the Secretary to continue the
programs under contract with the Center for Civic Education and
also would authorize additional contracts with other entities
such as the National Council on Economic Education.
For 2001, S. 2 would authorize $10 million for the Civic
Education program and $10 million for activities under the
International Education Exchange program, currently funded at
$10 million and $7 million, respectively. CBO estimates both
programs will continue to spend funds at their current rates.
S. 2 would repeal the currently unfunded Instruction in
Civics, Government, and Law program that authorizes competitive
grants to LEAs for civic instruction.
Part G--Fund for the Improvement of Education (FIE). The
Fund for the Improvement of Education, authorized under Part A
of Title X of ESEA, authorizes over 25 activities or programs
that have educational significance at the national level. S. 2
would reduce this list to include only the identification of
exemplary schools, the creation of model professional
development programs, and five specific programs. The five
programs are the Character Education program, the Scholar
Athlete Competition, the Elementary School Counseling
Demonstration, the Smaller Learning Communities Initiative, and
the National Student and Parent Mock Election. S. 2 would
introduce modifications to some of these programs. The
Comprehensive School Reform program, currently authorized under
this fund, would be authorized as Part F of Title I.
S. 2 would authorize $100 million for 2001 for activities
under this part. The 2000 funding level for the more broadly
defined program was $244 million.4 CBO assumes
spending rates will remain consistent with current funding of
this program.
---------------------------------------------------------------------------
\4\ This total includes $50 million for the non-Title I component
of the Comprehensive School Reform.
---------------------------------------------------------------------------
Part H--Allen J. Ellender Fellowships. S. 2 would authorize
$1.5 million for 2001 to continue the Allen J. Ellender
Fellowships program. The funding level for 2000 was also $1.5
million.
Part I--Ready to Learn TV. S. 2 would authorize $50
million, a significant increase over the 2000 funding level of
$16 million to continue the Ready to Learn TV program,
currently authorized under Part C of Title III of ESEA. Despite
the large funding increase, CBO assumes that spending would
continue to reflect the historical pattern for this program.
Part J--Inexpensive Book Distribution. S. 2 would authorize
$25 million for 2001 to continue the Inexpensive Book
Distribution program. The 2000 funding level was $20 million.
Title VI--Innovative Education. Title VI would authorize a
total of $975 million for 2001 for several new initiatives
aimed at increasing the flexibility for spending Federal funds.
CBO estimates the total cost of implementing this title would
be $6.1 billion for the 2001-2006 period, with resulting
outlays of $4.7 billion over that period.
Part A--Innovative Education Program Strategies. S. 2 would
authorize 2001 funding of $850 million to continue the current
block grant program under Title VI of ESEA. Comparable funding
for the 2000-01 academic year was $366 million.
Part B--Rural Education Flexibility. Part J of Title X of
ESEA authorizes the Urban and Rural Education Assistance
program to provide additional funding to support the special
needs of these populations. The program has received no funding
for either rural or urban assistance.
Title VI of S. 2 would repeal the existing authorization
and authorize a new rural education system in its place. The
program would consist of two parts: a formula grant program for
small rural LEAs, and a competitive grant program for larger
rural schools that serve high-poverty populations.
Because Federal funds are generally allocated based on
population, small rural LEAs often receive grants that are
insufficient to cover the activities authorized under those
programs. Subpart 1 of Part B of Title VI would provide
supplemental grants to ensure that eligible LEAs receive a
minimum total funding level under Titles II, IV, and the
remainder of Title VI of ESEA. Grants under this program would
be equal to the minimum level less any amounts received under
these other titles in the same year. The guaranteed minimum
level would be $20,000 plus an additional $100 for every
student above a base enrollment of 50, not to exceed $60,000
for any LEA.
Subpart 2 would authorize competitive grants to rural LEAs
that educate a significant number of low-income children. LEAs
that qualify for grants under subpart 1 have the option to
apply for a competitive grant under subpart 2 instead, but no
LEA can receive grants under both parts.
S. 2 would authorize a total of $125 million for 2001 for
subparts 1 and 2, and such sums as may be necessary thereafter.
It would reserve $62.5 million for the formula grants under
subpart 1. Assuming appropriation of the authorized amounts
under titles II, IV, and VI, CBO estimates this amount would be
sufficient to fully fund this subpart. Grants under both
subparts could be used for any activities authorized under
those three titles; therefore, CBO assumes a spending rate
consistent with the block grant program under part A of title
VI of this bill.
Part D--Administrative Flexibility Program. S. 2 would
direct the Secretary to conduct an evaluation of the use of
administrative funds to be completed no later than July 1,
2004. A similar evaluation was required under the previous
authorization. CBO estimates the cost of the evaluation would
be less than $500,000.
Title VII--Bilingual Education. S. 2 would authorize $500
million for 2001 for the Bilingual Education program, currently
authorized under Title VII of ESEA. The funding level for 2000
was $406 million. CBO estimates the total cost of implementing
this title would be $3.1 billion for the 2001-2006 period, with
resulting outlays of $2.5 billion over that period.
S. 2 would authorize $300 million for 2001 to expand the
Bilingual Grant program, authorized under Part A of Title VII
of ESEA. The funding level for 2000 was $248 million.
S. 2 would repeal the implementation and development grant
program and increase the award period for program enhancement
grants from two to three years. It would increase the data
collection and evaluation requirements for grant recipients and
remove a restriction on the use of funds for alternative
programs. It would also consolidate the existing school-wide
and system-wide programs, requiring that at least one-third of
grants under the consolidated program be awarded for system-
wide initiatives. S. 2 would increase the minimum grant amount
for Academic Excellence Awards to States from $100,000 to
$200,000. CBO estimates that the increased scope of the program
will result in a spending rate that is slower than under the
current program.
The bill would not extend the authorization of the Foreign
Language Assistance program. The funding level for 2000 was $8
million.
S. 2 also would authorize $200 million to continue the
Emergency Immigrant Education program. The funding level for
2000 was $150 million.
Title VIII--Impact Aid. S. 2 would authorize about $1
billion for 2001 to continue the Impact Aid Program, currently
authorized under Title VIII of ESEA. CBO estimates the total
cost of implementing this title would be $6.5 billion for the
2001-2006 period, with resulting outlays of $6.3 billion over
that period.
S. 2 would authorize $35 million for 2001 to continue the
Payments for Acquisition of Federal Property program. The 2000
funding level for this program was $32 million.
S. 2 would also continue to authorize additional payments
for certain LEAs under ESEA's subsection 8002(j), a previously
unfunded provision. Payments under this section would support
LEAs that qualify for payments under subsections 8002(b) and
8003(b) and have unique circumstances that increase the costs
imposed by the existence of federally ownedproperty. The bill
would authorize $500,000 for 2001 and such sums as may be necessary for
fiscal years 2001 through 2005.
S. 2 would authorize continued payments to compensate LEAs
that educate children whose parents' residence or work location
partially or fully exempts them from local taxes. These
payments are currently authorized under ESEA's section 8003. It
would alter the criteria for designating heavily impacted
districts and set a maximum grant amount for those districts.
It would revise the existing payment structure for heavily
impacted districts, making a single payment instead of two. It
would also authorize $875 million for both basic payments and
payments for heavily impacted districts. Combined funding in
2001 for these programs was $809 million.
S. 2 would authorize $60 million for 2001 for payments to
LEAs that educate a significant number of students with
disabilities, payments that are currently authorized under
subsection 8003(d), and additional payments for this purpose,
under section 8003(g). The 2000 funding level for these
payments was $50 million.
The bill would authorize $62.5 million for 2001 for school
construction and renovation. It would permanently set aside 80
percent of appropriated funds for a new school modernization
initiative. LEAs with significant repair needs would be
eligible to compete for grants if they had no remaining
capacity to issue bonds or their facilities posed health or
safety threats to their students. Recipients would be required
to use nonfederal funds to cover half of any project costs.
Remaining funds would be allocated to continue the current
formula construction program, currently authorized under
subsection 8008. The 2000 funding level was $10 million.
CBO estimates the application and matching requirements of
the school modernization component would cause spending to
occur more slowly than for the current construction grants. The
remaining money for construction would still be expected to
spend at its current rate.
S. 2 would authorize $7 million in 2001 to continue the
Facilities Maintenance program, currently authorized under
section 8008. The funding level for 2000 was $5 million.
The bill would repeal section 8006, which was not funded in
2000. Section 8006 authorized payments to support sudden and
substantial increases in the number of federally connected
students.
Title IX--Indian, Native Hawaiian, and Alaska Native
Education. S. 2 would authorize $109 million in 2001 to
continue education programs for Native Indian, Native Hawaiian
and Alaska Native students, currently authorized under Parts A,
B, and C of Title IX of ESEA. Comparable funding for 2000 was
$113 million. CBO estimates the total cost of implementing this
title would be $682 million for the 2001-06 period, with
resulting outlays of $543 million over that period.
Part A--Native Indian Education Programs. S. 2 would
authorize $62 million to continue to provide grants to LEAs in
2001 under the Indian Education program, the same amount that
was appropriated for 2000. It would authorize a separate $4
million to continue special programs and national activities,
compared to 2000 funding of $15 million. In addition, it would
authorize $3 million for a new grants administration and
planning component.
Part B--Native Hawaiian Education Programs. S. 2 would
authorize 2001 funding of $23 million to continue the Native
Hawaiian Education program, the same amount that was
appropriated for 2000.
Part C--Alaska Native Education Programs. S. 2 would
authorize $17 million to continue the Alaska Native Education
program in 2001, compared to 2000 funding of $13 million.
Title X--General Provisions. S. 2 would authorize a total
of $73 million for 2001 for the American Education Goals Panel
and to continue to fund regional centers that provide
assistance for implementing programs under ESEA. CBO estimates
the total cost of implementing this title would be $454 million
for the 2001-06 period, with outlays of $352 million over that
period.
Part D--American Education Goals Panel. S. 2 would
authorize $2.5 million for 2001 for the activities of the
American Education Goals Panel. This panel is responsible for
reporting on national progress toward achieving America's
education goals.
Part E--Comprehensive Regional Assistance Center. S. 2 also
would authorize $70 million in 2001 to continue the
Comprehensive Regional Assistance Center program, currently
authorized under part A of Title XIII of ESEA. The funding
level for 2000 was $28 million. Despite the increase in funds,
CBO estimates spending consistent with the current program.
Title XI--Amendments to Other Laws. Title XI would repeal
the Goals 2000: Education America Act and Part B of Title VIII
of HEA. It would also authorize a total of $41 million to
continue education programs in 20001 for homeless youth and to
provide fellowships for distinguished educators. CBO estimates
the total cost of implementing this title would be $255 million
over the 2001-06 period, with resulting outlays of $197 million
over that period.
Part B--McKinney Homeless Education Improvements Act of
1999. Title VII of S. 2 would reauthorize Part B of the
McKinney Act, authorizing $40 million for 2001. Comparable
funding for 2000 was $29 million.
Part C--Albert Einstein Distinguished Educators. S. 2 would
authorize 2001 funding of $700,000 to continue the Albert
Einstein Distinguished Educators awards, currently funded
through the Department of Energy.
Direct spending
CBO estimates that Title VI of S. 2 would increase direct
spending by $2.6 billion in 2006, and by an additional $100
million over the following 2 years combined.
Title VI would introduce two new programs that offer states
and LEAs flexibility in the use of federal funds in exchange
for entering into performance agreements with the Secretary of
Education. Under both the Education Flexibility program and the
Academic Achievement for all Demonstration, participants would
be able to consolidate funds from their choice of eligible
programs without regard for most provisions of those programs.
The list of eligible programs would be essentially the same
under both programs and would include most of the formula grant
programs authorized under S. 2. Both programs would maintain
certain provisions, such as adherence to civil rights laws and
allowing private school participation. Participants in both
programs would be required to submit a plan for how they would
use the consolidated funds to meet specific achievement goals
within 5 years. Penalties for failure to comply under both
programs include termination of the agreement and the
withholding of administrative funds.
The two programs would differ in their scope, flexibility,
and review process. Under the Education Flexibility program,
all states and LEAs would be eligible to participate, whereas
the Academic Achievement for All Demonstration would be limited
to 15 States and an additional 22 LEAs. Unlike the Academic
Achievement for All Demonstration, the Education Flexibility
program would maintain the school-level targeting requirements
for participants that include funds under Part A of Title I in
their performance plans. The Education Flexibility program
would establish a more rigorous review process.
In addition, both programs would establish separate
achievement reward programs to make payments to States that
demonstrate specific academic progress: the Closing the
Achievement Gap Bonus Awards under the Education Flexibility
program and the Achievement Gap Reduction Rewards under the
Academic Achievement for All Demonstration.
The Closing the Achievement Gap Bonus Awards program would
make payments to any State that reduces its achievement gap in
three out of four assessments by a greater margin than the
average national reduction over a 5-year period. The
achievement gap refers to the 4th- and 8th-grade math and
English test score differential between students on free and
reduced lunch and those who are not, based on a national test.
The rewards would be made at the end of the fifth academic year
after the first State enters into a performance agreement under
the flexibility program; however, eligibility for the award
would not be contingent on participation in the flexibility
program.
S. 2 would provide funding for this award by making a
single-year direct appropriation of $2.5 billion dollars in the
fifth full fiscal year after any State enters into a
performance agreement. The funds would be distributed among
eligible States based on their relative enrollment. CBO
estimates that at least one State would participate in the
program for the 2001-2002 academic year and that awards would
be made at the end of the 2005-2006 academic year, presumably
after May of 2006. Therefore, CBO estimates direct spending of
$2.5 billion in 2006. Because the program would not restrict
the use of payments by the recipients, CBO estimates that the
total amount would be spent in the same year.
The Achievement Gap Reduction Rewards program would only
apply to States that enter into performance plans under the
Academic Achievement for All Demonstration. The achievement gap
under this program would be based on the difference in the
percentage of high versus low performing students who meet the
State's proficient level. States would be eligible for an award
if they reduce the achievement gap in any content area by 25
percent after five years. States could also qualify if two
specific student populations demonstrate a 25-percent increase
in the percentage meeting the proficient level in any content
area. The specific student populations would be based on
demographic factors such as race, ethnicity, or income level. A
state would be entitled to a payment if they achieve either of
these criteria in two content areas, one of which must be math
or reading. The amount of the payment would be not less than 5
percent of the total amount of funds included in the State's
performance plan. The Secretary would be directed to set aside
funds appropriated for the Fund for the Improvement of
Education in 2001 to cover the costs of these payments.
However, neither the payment level nor the requirement to make
such payments would be subject to such appropriations and the
program would therefore constitute a new entitlement.
Although States would not be allowed to participate in both
flexibility programs, participants in the Academic Achievement
for All Demonstration are not precluded from receiving payments
under the Closing the Achievement Gap Award program. CBO
estimates most states would prefer the Academic Achievement for
All Demonstration because of the added flexibility, the simpler
application process, and the potential bonus. However, based on
the experience of other flexibility programs, we do not assume
that the maximum number of states would participate in 2001,
but that the maximum would be reached by 2003. CBO assumes that
States that do participate would choose to include all of the
eligible programs in their plan. While most States might be
eligible for payments, CBO estimates that only two-thirds would
meet the entitlement criteria in each year. Based on these
assumptions, CBO estimates direct spending of $100 million on
2006--the first year that States could be entitled to these
payments, $60 million in 2007, and $40 million in 2008.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The
estimated impact of S. 2 on direct spending is shown in Table
3. For the purposes of enforcing pay-as-you-go procedures, only
the effects in the current year, the budget year, and the
succeeding 4 years are counted.
Table 3.--ESTIMATED IMPACT OF S. 2 ON DIRECT SPENDING AND RECEIPTS
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
Changes in outlays................ 0 0 0 0 0 0 2,600 60 40 0 0
Changes in receipts............... 0 0 0 0 0 0 0 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Estimated impact on State, local, and tribal governments:
S. 2 would reauthorize certain sections of the Elementary and
Secondary Education Act of 1965 which provide over $25 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. In general, 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: CBO has prepared estimates of five
related bills that have been ordered reported during the 106th
Congress:
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,
similar to part A of title II of S. 2. (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 and is similar to the Academic
Achievement for all Demonstration Program under title VI of S.
2. (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. S. 2 would also reauthorize these same programs with
some significant variations. (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 with some significant
differences from title VIII of S. 2. (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, with few variations
from the authorizations under S. 2. (See CBO estimate dated
February 18, 2000.)
Estimate prepared by: Federal Costs: Audra Millen. Impact
on State, Local, and Tribal Governments: Susan Sieg Tompkins.
Impact on the Private Sector: Nabeel Alsalam.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VI. Regulatory Impact Statement
The committee has determined there will be minimal
increases in the regulatory burden as a result of this
legislation.
VII. Application of Law to the Legislative Branch
S. 2 reauthorizes and amends the Elementary and Secondary
Education Act of 1965 to continue programs primarily offering
assistance to States and local educational agencies on behalf
of teachers and elementary and secondary school students and,
as such, has no application to the legislative branch.
VIII. Section-by-Section Analysis
Section 1--Short Title; Table of Contents. Section 1
specifies the title of the legislation as the Educational
Opportunities Act and lists the table of contents.
Section 2--References. Section 2 notes that all amendments
and repeals referenced in the act apply to the Elementary and
Secondary Education Act of 1965.
Section 3--Short Title; Purpose; Definitions. Section 3
specifies the purpose of S. 2 which is to support programs and
activities that will improve the Nation's schools and enable
all children to achieve high standards. This section also lists
the definitions used throughout S. 2.
Title I--Helping Disadvantaged Children Meet High Standards
Section 101--Policy and Purpose. Section 101 amends section
1001 of the act to modify the purpose. The purpose is to enable
schools to provide opportunities for children served under
title I to acquire the knowledge and skills contained in the
challenging State content standards and to meet the challenging
State student performance standards developed for all children.
The section also establishes various mechanisms for
accomplishing the purpose.
Section 102--Authorization of Appropriations. Section 102
amends section 1002 of the act and specifies the authorized
funding levels for all parts and certain provisions of title 1.
The authorization level for part A of Title I is increased from
$7.4 billion to $15 billion. The authorization level for Part B
of Title I (Even Start) is increased from $118 million to $500
million. The authorization level for Part C (Migratory
Children) of Title I is increased from $310 million to $400
million. The newly established Part D (Parental Assistance
Program) is authorized at $50 million. Part E (Federal
Evaluations) is authorized at $25 million. Funding for the
Comprehensive School Reform program is authorized at $200
million.
Section 103--Reservation and allocation for school
improvement. Section 103, in accordance with currant law,
permits each state to reserve \1/2\ percent of the funds they
receive under Parts A and C of Title I and Part B of Title III
for school improvement activities. Section 103(a) specifies
that in addition to these amounts the Secretary shall reserve
50 percent of the funds in excess of $8,076,000,000 (for fiscal
year 2001 and each of the 4 succeeding fiscal years) for State
assessment development, school improvement, and academic
achievement awards. Funds from the Secretary's reservation
shall be allocated in accordance with the Basic Grant formula
except that no state may receive less than \1/2\ percent of
these funds.
Section 103(b) restates current law with regard to the \1/
2\-percent State reservation and allocation for school
improvement except that the amount of funding from Title I to
which the \1/2\-percent reserve may be applied is capped at the
amount that the state received in fiscal year 2000.
Part A--Basic Programs
Section 111--State Plans. Section 111 amends section 1111
of the act to make technical amendments to section 1111 of the
act and by including several new provisions which are to be
included as part of the State plan. One provision further
defines adequate yearly progress. The adequate yearly progress
definition specifies: that children must meet the State's
levels of performance within 10 years; there must be continuous
and substantial academic improvement for all students; that
States must have in place specific State determined yearly
progress requirements in subjects and grades included in the
State assessments; and that performance on assessments and
other academic indicators are important in determining adequate
yearly progress. This section also specifies that student
reports include information on the attainment of student
performance standards. This section also includes several
provisions regarding the impact of Federal and State laws on
student performance and schoolwide programs. This section also
requires the State educational agency to inform local
educational agencies of the local educational agencies' ability
to obtain waivers. This section requires each State plan to
support effective parental involvement practices. This section
redesignates subsections (d) through (g) as (e) through (h).
Finally, this section requires that information collected under
this section will protect individual privacy.
Section 112--Local Educational Agency Plans. Section 112(1)
amends section 1112(a) of the act to specify that the local
educational agency shall be coordinated with plans submitted
under the Individuals with Disabilities Education Act, the Carl
D. Perkins Vocational and Technical Education Act of 1998, the
Head Start Act and other acts as appropriate.
Section 112(2) amends section 1112(b) of the act to specify
that the local educational agency shall coordinate professional
development planning provisions with similar provisions
described under title II of this act. This section also
includes a provision requiring the local educational agency,
where appropriate, to describe how funds under part A will be
used to support early childhood education programs.
Section 112(3) amends section 1112(c) of the act to require
each local educational agency to plan to carry out several
activities including: providing information to the public
regardingschoolwide authority; providing technical assistance;
coordinating, to the extent possible, with other agencies providing
services to children, youth, and families; providing services to
eligible children attending private elementary and secondary schools in
accordance with the act; examining model programs for the educationally
disadvantaged; complying with professional development requirements as
described under this part; and informing eligible schools about waiver
authority. In addition, this section adds requirements for States to
review a local educational agency plan to determine if such agency's
parental involvement activities are in accordance with section 1118.
Section 113--Eligible School Attendance Areas. Section 113
includes technical amendments to section 1113(b) of the act. In
addition, a provision is included that allows a local
educational agency to designate and serve a school attendance
area or school that is not an eligible school attendance area,
but that was an eligible school attendance area and was served
in the fiscal year preceding the fiscal year for which the
determination is made for 1 additional year.
Section 114--Schoolwide Programs. Section 114 amends
section 1114 of the act and allows a local educational agency
to use part A funds with other Federal, State, and local funds
to upgrade the entire educational program in a school that
serves an eligible school attendance area where not less than
40 percent of the children are from low-income families. A
provision is included which requires that assessment results be
provided to parents in a language the family can understand.
This section also includes technical amendments to section 1114
of the act.
Section 115--Targeted Assistance Schools. Section 115
includes technical amendments to section 1115 of the act and
references professional development activities.
Section 116--Pupil Safety and Family School Choice. Section
116 amends part A of title I by inserting a new section after
section 1115A of the act.
New Section 1115B(a) describes student eligibility as it
pertains to the pupil safety and family school choice
initiative. Eligibility criteria includes a student who is
served by the title 1 program and becomes a victim of a violent
criminal offense while on public school grounds. If a student
meets the eligibility criteria, then the local educational
agency shall allow the eligible student to transfer to another
public school or public charter school in the same State as the
school where the criminal offense occurred. The transfer must
occur in accordance with State and local law.
New Section 1115B(b) describes State educational agency
determinations. These include: deciding the actions that
constitute a violent criminal offense; determining which
schools in the State are unsafe public schools; and defining
unsafe public schools.
New Section 1115(c) allows a local educational agency that
serves the public school in which the violent criminal offense
occurred to use funds from part A of title I to provide
transportation services or to pay the reasonable costs of
transportation for the student to attend another school.
New Section 1115(d) specifies that any school receiving
assistance under this section shall comply with title VI of the
Civil Rights Act of 1964 and not discriminate on the basis of
race, color, or national origin.
New Section 1115(e) specifies that nothing under this
section will affect the requirements of part B of the
Individuals with Disabilities Education Act.
New Section 1115(f) stipulates that the amount of
assistance provided under part A for a student who transfers
shall not exceed the per pupil expenditures for students as
provided by the local educational agency that serves the school
involved in the transfer.
Section 117--Assessment and Local Educational Agency and
School Improvement. Section 117(1) amends section 1116(a) of
the act by specifying that a local educational agency receiving
funds under part A of title 1 shall: use the State assessments
described in the State plan; use any additional measures or
indicators to review the progress of each school in meeting the
State's student performance standards; and provide the results
of the local annual review to schools. Following the annual
review, each local educational agency shall prepare and
disseminate an annual performance report.
Section 117(2) amends section 1116(c) of the act to
describe school improvement criteria. A local educational
agency shall identify for school improvement any school (served
under part A of title I) that for 2 consecutive years failed to
make adequate yearly progress as defined in section 111. In the
case of a targeted assistance program, a local educational
agency may review the progress of only those students served
under part A of title I. Before identifying a school for school
improvement, the local educational agency will provide the
school with an opportunity to review the data. Each school that
is identified must develop a plan that addresses the teaching
and learning needs in the school. The plan must include: a
description of the specific achievement problems; research-
based strategies that are likely to improve student
performance; activities for addressing the need for high-
quality professional development; activities that will enable
the school to meet adequate yearly progress; responsibilities
of the school and the local educational agency; and strategies
to promote effective parental involvement. Each school will
notify the parents of the students regarding the status of the
school as a school needing improvement. Each identified school
will receive technical assistance. In addition to providing
technical assistance, each local educational agency is required
to implement a system of corrective action, which must occur
when the identified school fails to make adequate yearly
progress at the end of the second year of the school's
identification. A local educational agency must take one of the
following corrective actions (consistent with State and local
law): instituting a new curriculum; restructuring the school;
developing and implementing a joint plan between the local
educational agency and the school that addresses specific
student performance problems; reconstituting school staff;
decreasing decision making authority at the school level. The
section also references a list of permissible corrective
actions that a local educational agency may implement. A local
educational agency may delay corrective action for 1 year if
the local educational agency determines that the school is
meeting the specific yearly progress requirements and the
school will meet the State's criteria for adequate yearly
progress within 1year. A local educational agency shall be
required to provide all students enrolled in an identified school with
an option to transfer to any public school or public charter school
within the local educational agency (schools not identified as needing
improvement) or enter into a cooperative agreement for the purposes of
transfer with other local educational agencies (only occurs if all
schools within the original local education agency are identified as
schools needing school improvement). The public school choice provision
must be carried out in accordance with State and local law.
The local educational agency in which the schools have been
identified may use part A of title 1 funds to provide
transportation to students transferring to another school. The
amount of transportation assistance shall not exceed the per
pupil expenditure for elementary or secondary school students
as provided by the local educational agency that serves the
school involved in the transfer. Once a school is no longer
identified for school improvement, the local educational agency
shall continue to provide public school choice as an option to
students in such school for a period of not less than 2 years.
Schools that for at least 2 of the 3 years following
identification make adequate progress toward meeting the
State's performance levels shall no longer need to be
identified for school improvement. The State educational agency
shall review any waivers approved for an identified school and
shall terminate any waiver approved waiver if the State
determines that the waiver is not helping the identified school
to make yearly progress.
Section 117(3) amends section 1116(d) of the act to specify
that a State educational agency shall annually prepare an
annual performance report. The performance report shall contain
information regarding local educational agency performance in
making adequate yearly progress and the progress of the local
educational agency in enabling students to meet the State
levels of performance. If a local educational agency is
identified as an entity needing improvement, the local
educational agency shall submit a plan that includes: specific
yearly progress requirements; addresses the teaching and
learning needs in the schools within the local educational
agency; incorporates research-based strategies; addresses
professional development needs of the instructional staff;
identifies specific goals and objectives the local educational
agency will undertake for making adequate yearly progress;
identify how the local educational agency will provide written
notification to parents; the responsibilities of the State
educational agency and the local educational agency; and
strategies for effective parental involvement. The local
educational agencies needing improvement will be provided with
technical assistance. After providing technical assistance,
each State educational agency shall implement corrective action
for any local educational agency that fails to make adequate
yearly progress and shall continue to provide technical
assistance while implementing any corrective action. Consistent
with State and local law, the State educational agency shall
not take less than 1 of the following corrective actions:
instituting and implementing a new curriculum; restructuring
the local educational agency; developing and implementing a
joint plan between the State educational agency and the local
educational agency that addresses student performance problems;
reconstituting school district personnel or making alternative
governance arrangements. This section also lists several
permissible corrective actions that a State educational agency
may implement. Prior to implementing any corrective action, the
State educational agency shall provide a hearing to the
affected local educational agency, if State law provides for a
hearing process. A State educational agency may delay, for a
period not to exceed one year, implementation of corrective
action if the State educational agency determines that the
local educational agency is meeting the State yearly progress
requirements and the schools within the local educational
agency will meet the State's criteria for improvement within 1
year. The State educational agency shall review any waivers
granted to a local educational agency that has been designated
for improvement or corrective action and shall terminate any
waiver that is not helping the local educational agency meet
the yearly progress requirements.
Section 118--Assistance for School Support and Improvement.
Section 118(1) amends section 1117(a) of the act to list the
priorities for a State educational agency for providing support
to local educational agencies. First, the State educational
agency must provide support and assistance to local educational
agencies that have received corrective action. Second, the
State educational agency must provide support and assistance to
other local educational agencies and schools identified as in
need of improvement. Third, the State educational agency must
provide support and assistance to other local educational
agencies and schools participating under part A of title I that
need support and assistance to carry out the purpose of part A.
Section 118(2) amends section 1117(c)(1) of the act to
specify that technical assistance shall be provided through
several approaches such as: school support teams; the
designation and use of distinguished teachers and principals;
implementation of research-based comprehensive school reform
models; and a review process designed to develop high quality
school improvement plans. This section also enables a State, if
the State chooses to do so, to recognize and provide financial
rewards to teachers or principals in a school where the
students have consistently made significant gains in academic
achievement.
Section 119--Parental Involvement. Section 119(1) and (2)
amends section 1118(a)(2)(B) and 1118(b)(1) of the act to make
technical amendments to current law.
Section 119(3) amends section 1118(e) of the act to enable
a school district, if the school district chooses to do so, to
establish a school district parent advisory council. This
section also provides for other support for parental
involvement activities.
Section 119(4) amends section 1118(f) of the act to make
technical amendments to current law.
Section 119(5) amends section 1118(g) of the act to specify
that in a State where a parental information and resource
center is established, such a center shall provide parents with
a description of the services and programs provided the center.
Section 120--Professional Development. Section 120(1)
amends section 1119(b) of the act to establish that
professional development activities shall provide support to
teachers, principals, administrators, paraprofessionals, pupil
services personnel, and parents. Professional development
initiatives shall be of sufficient intensity and duration to
have a positive and lasting impact. This section also refers to
providing training for teachers in the use of technology
andincludes strategies for identifying and eliminating racial and
gender bias in instructional materials and practices.
Section 120A--Participation of Children Enrolled in Private
Schools. Section 120A(2) amends section 1120(b) of the act to
specify that the local educational agency shall make decisions
about the delivery of services to eligible private school
children, including an analysis of the views of private school
officials regarding the delivery of services through potential
third party providers. If the local educational agency
disagrees with the views of the private school officials on the
delivery of services, the local educational agency will provide
a written document, to private school officials, with the
reasons why the local educational agency has chosen not to
provide the services. Each local educational agency will
provide to the State educational agency a written affirmation
that the consultation has occurred. If a private school
declines to have eligible children in the private school
participate in title I, part A services, the local educational
agency is not required to further consult with the private
school officials. Each year, the local educational agency shall
inform the private school of the opportunity for eligible
children to participate in title I, part A services. A private
school official shall have the right to appeal the local
educational agency decision to the State educational agency as
to whether: the consultation was meaningful; timely; and the
views were given due consideration.
Section 120A(3) amends section 1120 of current law to
redesignate subsections (c), (d), and (e) as subsections (d),
(e), and (f).
Section 120A(4) amends section 1120 of the act to add a
provision to describe the allocation for equitable services to
private school students.
Section 120B--Early Childhood Education. Section 120B(1)
and (2) amends the heading of section 1120B and section 1120C
to make technical changes to the act.
Section 120B(3) amends section 1120B to add 2 new
subsections (1120(d) and (e)) to permit a local educational
agency, if the local educational agency chooses to do so, to
use part A of title I funds to provide preschool services. New
subsection 1120(e) establishes that early childhood education
programs that use part A of title I funds may do so jointly
with Even Start programs, Head Start programs, or State funded
preschool programs. Early childhood education programs shall:
focus on the developmental needs of children; teach children to
understand and use language; enable children to develop an
appreciation of books; and for children with limited English
proficiency, enable the children to make progress toward
acquisition of the English language.
Subpart 2--Allocations
Section 1121--Grants for the Outlying Areas and the
Secretary of the Interior. Section 1121(a) specifies the
reservation of funds.
Section 1121(b)(2) is amended to authorize grants to the
outlying areas through fiscal year 2001 in accordance with the
latest action on the Compacts of Free Association.
Section 1121(c) specifies the allotment that is reserved
for the Secretary of the Interior to meet the educational needs
of Indian children.
Section 1122--Amounts for Basic Grants, Concentration
Grants, and Targeted Grants. Section 1122(a) establishes the
level of the appropriation of funds for each of 3 programs
under part A of title I for fiscal years 2001 through 2005. The
section specifies that funds for part A of title I shall be
allocated in such a way that the Basic and Concentration Grant
programs shall receive an amount equal to the amount received
in fiscal year 2000 before funding is allocated to the Targeted
Grant Program. Funding that is appropriated in excess of the
fiscal year 2000 level shall be allocated to the Targeted Grant
Program. In the event that funding for part A of title I is
reduced in any fiscal year, funds shall first be reduced from
the Targeted Grant Program. If additional reductions are
necessitated, funding shall then be taken from the
Concentration Grant program.
Section 1122(b) describes the adjustments to the
allocations where necessitated by the appropriations process.
The ratable reduction rule is utilized to determine the
relative size of each State's allocation when full funding is
not available.
Section 1122(c) establishes the hold harmless provisions
that determine the amount of title I funding that a local
education agency may receive as a result of changes in absolute
and relative population and poverty. If the proportion of
children counted is above 30 percent of the children served by
the local education agency, it will receive not less than 95
percent of the amount it received in the previous year. If the
proportion of children counted is between 15 percent and 30
percent of the children served by the local education agency,
it will receive not less than 90 percent of the amount it
received in the previous year. If the proportion of children
counted falls below 15 percent of the children served by the
local education agency, it will receive not less than 85
percent of the amount it received in the previous year. The
section is amended to eliminate the ``cliff'' phenomenon
whereby a local education agency that loses eligibility during
one year as a result of a change in population or poverty loses
all of its funds. A local education agency that received
funding in the prior year is eligible to continue to receive
funding in accordance with the hold harmless provisions. A
local education agency that loses eligibility for 5 consecutive
years may not continue receive funding.
Section 1122(d) describes ratable reductions.
Section 1123--Definitions. Section 1123 defines freely
associated States, outlying areas, and State for the purposes
of distributing the allocations.
Section 1124--Basic Grants to Local Educational Agencies.
Section 1124(a) specifies the amounts of the local educational
agencies basic grants. This section also describes and
simplifies the formula by which grants are calculated. Section
1124(a) outlines the allocations to large and small local
educational agencies. In addition, this section establishes the
formula for Puerto Rico.
Section 1124(a) provides authority to calculate grants on
the basis of county data in the event that the Department of
Census fails to provide local education agency specific data.
Section 1124(b) specifies the minimum number of children a
local educational agency must have to qualify for a basic
grant.
Section 1124(c) describes the categories that are used for
counting the number of children for basic grants.
Section 1124(d) establishes the State minimum for basic
grants.
Section 1124A--Concentration Grants to Local Educational
Agencies. Section 1124A(a) specifies the eligibility
requirements and amount of grants.
Section 1124A(B) is amended to simplify the reference to
the basic grant expenditure factor.
Section 1124A(B)(4) is amended to eliminate reference to
the county suballocation formula in effect for fiscal years
1996-1998. Authority for the States to allocate funding on the
basis of county data is retained for any year in which the
Secretary relies upon county data in lieu of local education
agency data. The section retains authority for a State to
reserve 2% of its allocations (when county data is utilized) to
make grants to eligible local educational agencies that reside
in ineligible counties.
Section 1124A(b) establishes the ratable reduction rule
utilized for making allocations when full funding is not
available.
Section 1124A(c) is amended to allow a state that receives
0.25 percent or less of the available funds, but does not
receive a grant in accordance with the formula used to
determine the small grant minimum, to allocate these funds to
local education agencies in accordance with the same rules
applied to allocation by states that receive a grant in
accordance with the small grant minimum.
Section 1125--Targeted Grants to Local Educational
Agencies. Section 1125(a) specifies the eligibility
requirements for local educational agencies.
Section 1125(b) establishes the amount of grants for local
educational agencies, the District of Columbia, and Puerto
Rico.
Section 1125(c) specifies the weights for allocations to
counties and the weights for allocations to local educational
agencies.
Section 1125(d) describes how targeted grants are
calculated.
Section 1125(e) establishes the State minimum.
Section 1125A--Education Finance Incentive Program. Section
1125A(a) authorizes the Secretary to make grants to States.
Section 1125A(b) specifies the distribution of funds for
this subsection which is based upon fiscal effort and equity.
Section 1125A(c) describes how funds awarded under this
subsection will be utilized.
Section 1125(d) establishes maintenance of effort.
Section 1125(e) authorizes $200,000,000 for fiscal year
2001 and such sums for each of the 4 succeeding years.
Section 1126--Special Allocation Procedures. Section
1126(a) specifies the allocations for neglected children.
Section 1126(b) describes allocations for local educational
agencies that have special circumstances.
Section 1126(c) specifies the reallocation process.
Section 1127--Carryover and Waiver. Section 1127(a)
specifies the limitation on carryover funds.
Section 1127(b) establishes waiver authority for a State
educational agency.
Section 1127(c) specifies that the limitation on carryover
funds does not apply to any local educational agency that
receives less than $50,000 under subpart 2.
Section 120D--Establishment of the Child Centered Program.
Section 120D amends part A of title I by creating a new subpart
3.
Subpart 3--Child Centered Program
New Section 1131--Definitions. This section defines several
terms that are mentioned in the Child Centered Program.
New Section 1132--Child Centered Program Funding. New
section 1132(a) establishes that not more than 10 States and
not more than 20 local educational agencies may participate in
the Child Centered Program.
New Section 1132(b) permits local educational agency
participation. If a State does not have a Child Centered
Program, a local educational agency within the State may carry
out such a program. In order for a local educational agency to
participate, the local educational agency shall obtain approval
from the State for submission of its application, but not the
contents of the application.
New Section 1132(c) describes the grant specifications for
the Child Centered Program. The Secretary shall award grants to
each State or participating local educational agency that has
an application approved. $500,000,000 is authorized for each
year of implementation.
New Section 1133--Child Centered Program Requirements. New
section 1133(a) requires the State or participating local
educational agency to establish a per pupil amount based on the
number of eligible children in the State or school district
served by the local educational agency. The State of
participating local educational agency may vary the per pupil
amount by taking into account various factors. For a Child
Centered Program at a public school, the State or the
participating local educational agency shall make available the
per pupil allocation which will be used for supplemental
education services. The supplemental education services will be
provided by the school directly or through supplemental
services with a governmental or non-governmental agency,
school, postsecondary educational institution, another entity;
or if directed by the parent of an eligible child, the
supplemental services may be provided through a school-based
program or through a tutorial service provider. In the case of
a tutorial assistance provider, the school or local educational
agency shall ensure that the provider selected by the parent is
reimbursed for their services following notification, by the
parent, to the school or local educational agency that the
services were satisfactory.
New Section 1133(b) describes the Child Centered Program as
it applies to schoolwide programs. A public school, in which 50
percent of the students are eligible children, may use Child
Centered Program funds in combination with other Federal,
State, and local funds to carry out a schoolwide program. If
the public school does not have a schoolwide plan approved
under section 1114, the public school shall develop and adopt a
comprehensive plan for reforming the school's educational
program. If a public school is operating a schoolwide
initiative under a Child Centered Program, the Secretary may
exempt the Child Centered Program from statutory or regulatory
requirements of any other noncompetitive formula grant program
or any discretionary program administered by the Secretary
(other than those programs under the Individuals with
Disabilities Education Act) to support the schoolwide
initiative if the purposes of the other noncompetitive and
discretionary programs are met.
New Section 1133(c) stipulates that a State or
participating local educational agency that has a Child
Centered Program shall ensure that eligible children who are
enrolled in a private school shall receive supplemental
education services as described under section 120A.
New Section 1133(d) requires that in order to be eligible
to operate a Child Centered Program, a State or participating
local educational agency must operate a statewide or school
district wide open enrollment program that permits parents to
enroll their child in any public school in the State or school
district. The open enrollment requirement may be waived if the
State or participating local educational agency demonstrates
that the parents have sufficient options to enroll their child
in multiple public schools or shall have sufficient options to
use the per pupil amount made available to purchase
supplemental education services from multiple assistance
providers or schools.
New Section 1133(e) describes parental involvement as it
pertains to the Child Centered Program. Any public school
receiving Child Centered Program funds shall hold an annual
meeting to explain the program, the curriculum in use at the
school, the forms of assessment used to measure student
progress, and the proficiency levels students are expected to
meet.
New Section 1134--Application. New section 1134(a)
describes the information that must be in the Child Centered
Program application. The information shall include: a detailed
description of the program to be assisted; an assurance that
the State or participating local educational agency shall
publish in a widely read medium an annual report card; in the
case of an application from a participating local educational
agency, an assurance that the local educational agency has
notified the State regarding the submission of the application;
a description of specific measurable objectives for improving
student performance; a description of the process the State or
participating local educational agency will use to measure
progress; in the case of a State application, an assurance that
the State or local educational agency meet the requirements of
section 1111; and an assurance that each local educational
agency meet the requirements of section 1116.
New Section 1135--Administrative Provisions. New section
1135(a) stipulates that a State or participating local
educational agency shall carry out a child centered program for
5 years.
New Section 1135(b) permits a State to reserve 2 percent
and a local educational agency to reserve 5 percent of the
funds to pay the costs of administrative expenses of the Child
Centered Program.
New Section 1135(c) requires the State educational agency
and each participating local educational agency carrying out a
Child Centered Program to submit an annual report to the
Secretary.
New Section 1135(d) requires the Secretary to review each
Child Centered Program during the third year of its existence.
New Section 1135(e) describes the treatment of the amounts
received. The per pupil amount provided for under this subpart
shall not be treated as income of the eligible child or the
parent of the eligible child for purposes of Federal tax or for
determining the eligibility for other Federal assistance.
New Section 1136--Evaluation. New section 1136(a) describes
the annual evaluation process.
New Section 1136(b) stipulates that the Comptroller General
in consultation with the Secretary shall establish minimum
criteria for the Child Centered Program.
New Section 1137--Report. This section requires the
Comptroller General to submit an interim report and a final
report to Congress regarding the findings of the annual
evaluations of the Child Centered Program.
New Section 1138--Limitation on Conditions; Preemption.
This section stipulates that nothing under Subpart 3 shall be
construed to authorize or permit a Federal Government officer
or employee to control specific instructional content or
student performance standards and assessments, curriculum, or
instruction. In addition, nothing under Subpart 3 shall be
construed to authorize or permit a Federal Government officer
or employee to preempt any provision of a State constitution or
State statute that pertains to the expenditure of State funds
in or by religious institutions.
Part B--Even Start Family Literacy Programs
Section 121--Even Start Family Literacy Programs. Section
121(a) amends section 1202(a) of the act to authorize a
reservation of funds for migrant programs, outlying areas, and
Indian Tribes.
Section 121(b) amends section 1202(b) of the act to
authorize a reservation for Federal activities which consists
of an evaluation, technical assistance, program improvement,
and research.
Section 121(c) amends part B of title I of the act. In
addition to authorizing the grant program as described under
current law, this section adds a new State plan section to the
act.
New Section 1202A--State Plan. Section 1202A(a) describes
the contents of the State plan. Each plan shall: include the
State's indicators of program quality; describe how the State
will use the indicators; describe how the State will fully
implement the program; describe how the State will conduct
competition for subgrants; and describe how the State will
coordinate resources to improve family literacy services.
Section 1202A(b) describes the duration of the State plan.
Section 1202A(c) describes the use of funds for Family
Literacy Services. A State shall give priority to programs that
were of low quality as evaluated based on the indicators.
Technical assistance shall also be provided.
Section 1202A(d) makes technical amendments to section 1204
of the act.
Section 1202A(e) amends section 1205 of the act. This
section establishes that the program will provide high quality,
intensive family literacy services using instructional
approaches based on effective research. The program shall also
use methods that ensures that participating families
successfully complete the program.
Section 1202A(f) amends section 1206(b). The section is
amended by adding a provision that allows an Even Start program
to permit the participation of children 8 years of age or older
if the Even Start program collaborates with a program funded
under part A of title I.
Section 1202A(g) makes technical amendments to section
1207(c)(1)(F) of the act.
Section 1202A(h) amends section 1208 of the act. In
awarding subgrant funds to continue a program after the first
year, the State educational agency shall review and evaluate
the progress of each eligible entity.
Section 1202(i) amends section 1210 of the act by
describing the indicators program quality.
Section 1202(j) amends the following parts of section 1211.
Section 1211--Research. Section 1211(a) establishes that
the Secretary, in consultation with the National Institute for
Literacy may conduct research on family literacy services.
Section 1211(b) requires the Secretary to ensure that the
results of the research are disseminated.
Part C--Education of Migratory Children
Section 131--Program Purpose. Section 131 amends section
1301 of the act to make technical amendments to add two new
purposes. The new purposes ensure that: migratory children who
move among the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State student performance and content
standards and that migratory children receive full and
appropriate opportunities to meet the same challenging State
standards that all children are expected to meet.
Section 132--State Application. Section 132 amends section
1304 of the act to require new information for the State
application. This information includes a description of joint
planning efforts with respect to local, State, and Federal
programs and bilingual programs under part A of title VII. In
addition, States will also be required to consult with parent
advisory councils for the purposes of planning and operating
programs.
Section 133--Comprehensive Plan. Section 133 makes
technical amendments to section 1306 of the act.
Section 134--Coordination. Section 134(1) amends section
1308(b) of the act to establish a national system for
electronically exchanging, among the States, health and
educational information regarding all students served under
this program.
Section 134(2) amends section 1308(c) to authorize
$10,000,000 to carry out this section.
Section 134(3) amends section 1308(d)(1) to authorize
$3,000,000 to carry out incentive grants as described under
current law.
Section 134(4) amends section 1308(e) to require the
Secretary to direct the National Center for Education
Statistics to collect data on migratory children.
Section 141--Parental Assistance. This section amends title
I by adding the following:
Part D--Parental Assistance
New Section 1401--Parental Information and Resource
Centers. This section states the purpose of this part which is
to: (1) provide leadership, technical assistance, and financial
support to nonprofit organizations and local educational
agencies to help implement successful and effective parental
involvement policies, programs, and activities; (2) strengthen
partnerships among parents, teachers, principals,
administrators, and other school personnel; (3) develop and
strengthen the relationship between parents and the schools;
and (4) further the developmental progress of children.
New Section 1401(b) authorizes the Secretary to award
grants (while ensuring geographic distribution of grants) to
nonprofit organizations, or consortia of nonprofits and local
educational agencies, to establish school-linked or school-
based parental information and resource centers to provide
training, information, and support to parents of elementary and
secondary school students, individuals who work with parents,
and organizations that carry out parent education and family
involvement programs.
New Section 1402--Applications. This section requires
agencies and organizations seeking grants under this part to
submit an application to the Secretary which must include a
broad range of assurances. Each organization or consortium
receiving a grant will be governed by a board of directors
which includes parents or organizations that represent parents.
At least \1/2\ of the overall funding provided each fiscal year
must serve areas with high concentrations of low-income
families.
New Section 1403--Uses of Funds. This section states that
grant funds shall be used to: (1) assist parents in
participating effectively in their children's education; (2)
obtain information about the range of options, programs,
services, and resources available at all levels of the
government to assist parents and school personnel who work with
parents; (3) help parents learn and use the technology applied
in their children's education; (4) plan, implement, and fund
activities for parents that coordinate the education of their
children with other Federal programs that serve their children;
and (5) provide support for State or local educational
personnel if the participation of such personnel will further
the activities assisted under the grant.
New Section 1404--Technical Assistance. This section states
that the Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training, information, and support
programs and parental information and resource centers.
New Section 1405--Reports. This section requires agencies
and organizations receiving assistance under this part to
submit to the Secretary, on an annual basis, information
concerning parental information and resource centers assisted
under this part.
New Section 1405(b) requires the Secretary to annually
disseminate to the public and the Congress, the information
that each organization or consortium submits.
New Section 1406--General Provisions. This section states
that no person shall be required to participate in a parent
education or developmental screening program. In addition, no
program or center assisted under this part shall take any
action that infringes on the right of a parent to direct the
education of their children.
Part E--Federal Evaluations, Demonstrations, and Transition Projects
Provisions of part E, title I remain the same as in current
law.
Section 151--General Provisions; Comprehensive School
Reform; Assistance to Address School Dropouts. This section
amends part A of title I by redesignating part F as part H;
sections 1601 through 1604 as sections 1901 through 1904,
respectively; and by inserting 2 new parts to follow part E of
title I, including: Part F (Comprehensive School Reform) and
part G (Assistance to Address School Dropouts). Provisions of
the new part H, title I (General Provisions) remain the same as
current law.
Part F--Comprehensive School Reform
New Section 1601--Purpose. This section states the purpose
of this part which is to provide financial incentives for
schools to develop comprehensive school reforms based upon
effective practices and research-based programs that emphasize
basic academics and parental involvement so that all children
can meet State content and student performance standards.
New Section 1602--Program Authorization. This section
authorizes the Secretary to award grants to State educational
agencies, by formula to enable them to provide subgrants to
local educational agencies to carry out the purpose of this
part.
New Section 1603--State Applications. This section requires
State educational agencies seeking a grant to submit an
application to the Secretary, describing such items as: process
andselection criteria; how the State educational agency will
ensure that reforms are research-based programs; how the State
educational agency will evaluate the implementation of reforms and link
the reforms to student achievement; and how the State educational
agency will make available technical assistance to the local
educational agencies or consortia.
New Section 1604--State Use of Funds. This section requires
State educational agencies receiving grants to award
competitive subgrants to local educational agencies. The
subgrants must be of sufficient size and scope to support the
initial costs for the plan selected or designed, in an amount
of at least $50,000, and renewable for 2 additional one-year
periods. The State educational agency must give priority
consideration to local educational agencies that plan to use
the funds for schools identified as being in need of
improvement or corrective action and demonstrate a commitment
to assist schools with budget, professional development, and
other strategies to ensure reforms are properly implemented and
sustained. The State educational agency shall distribute
subgrants equitably to different geographic regions within the
State, including urban and rural areas. State educational
agencies may not reserve more than 5 percent of the grant funds
for administrative, evaluation, and technical assistance
expenses.
New Section 1605--Local Applications. This section requires
local educational agencies or consortia seeking subgrants under
this part to submit an application to the State educational
agencies for consideration.
New Section 1606--Local Use of Funds. This section requires
local educational agencies or consortia receiving a subgrant to
provide funds to schools eligible for assistance under part A
to support a variety of reform activities.
New Section 1607--National Evaluation and Reports. This
section requires the Secretary to develop a plan for a national
evaluation of the programs assisted under this part. The
evaluation shall examine the implementation and results
achieved by schools after 3 years of implementing school
reforms and the effectiveness of reforms in schools with
diverse characteristics.
Part G--Assistance to School Dropouts
New Section 1701--Purpose. This section states the purpose
of this part which is to provide school dropout prevention and
to raise academic achievement levels.
Subpart 1--Coordinated National Strategy
New Section 1711--National Activities. This section
authorizes the Secretary to: (1) conduct data regarding
participation in Federal dropout prevention and school reentry
programs; (2) establish an interagency working group to address
dropout prevention and school reentry issues; and (3) create a
national recognition program for schools that have made
extraordinary progress in lowering dropout rates.
Subpart 2--National School Dropout Prevention Initiative
New Section 1721--Program Authorized. This section states
that funds under this part will be allocated to States based on
the title I formula.
New Section 1721(b) authorizes funds provided to states
under this subpart be used by State educational agencies to
award grants to public middle or secondary schools that have
dropout rates that are in the highest one-third of dropout
rates in the State for the purpose of supporting dropout
prevention programs.
New Section 1721(c) specifies that first-year grants to
schools may not be of an amount less than $50,000 and not more
than $100,000, with grant amounts decreasing during each year
of participation in the program. Schools which create smaller
learning communities are eligible for a 10 percent increase in
the amount of their grant.
New Section 1721(d) states that grants under this subpart
may be awarded for a duration of 5 years.
New Section 1722--Strategies and Capacity Building. This
section requires schools receiving grants under this subpart to
use grant funds for research-based, sustainable, and widely
replicated strategies for dropout prevention and school reentry
programs serving the entire school population.
New Section 1722(b) authorizes the Secretary to award up to
5 contracts with non-Federal entities, for a capacity building
and design initiative to increase the proven strategies.
New Section 1722(c) authorizes the Secretary to offer
support to entities with experience in providing training and
related assistance to offer such assistance to schools
receiving grant funds.
New Section 1723--Selection of Schools. This section
requires schools seeking a grant under this subpart to submit
an application, containing specific information, to the State
educational agency.
New Section 1723(b) requires State educational agencies to
review applications and award grants to schools after a review
by a panel of experts on school dropout prevention.
New Section 1723(c) specifies that to be eligible to
receive a grant under this subpart, schools must serve at least
50 percent of students who are low-income or participate in a
school-wide program.
New Section 1724--Dissemination Activities. This section
requires schools receiving agrant under this subpart to provide
information and technical assistance to other schools within the school
district.
New Section 1725--Progress Incentives. This section states
that local educational agencies shall use funding under this
title to provide assistance to schools that have not made
progress toward lowering school dropout rates after receiving
assistance under this subpart for 2 fiscal years.
New Section 1726--School Dropout Rate Calculation. This
section specifies that in order to calculate a school dropout
rate, schools shall use: (1) ``the annual event school dropout
rate for students leaving a school in a single year determined
in accordance with the National Center for Education
Statistics' Common Core of Data,'' or (2) a standard method
determined by the State educational agency.
New Section 1727--Reporting and Accountability. This
section requires schools receiving funding under this subpart
to provide, on an annual basis, a report to the Secretary
regarding the status of the implementation of activities funded
under this subpart.
New Section 1728--State Responsibilities. This section
requires State educational agencies to report to the Secretary,
1 year after the enactment of the Educational Opportunities
Act, all school district and school data regarding school
dropout rates.
New Section 1728(b) requires State educational agencies
receiving funds under this part to develop and implement
education funding formula policies for public schools that
provide appropriate incentives to retain students in school.
New Section 1728(c) requires State educational agencies
receiving funds under this part to develop uniform, long-term
suspension and expulsion policies for serious infractions
resulting in more than 10 days of exclusion from school.
Subpart 3--Definitions; Authorization of Appropriations
New Section 1731--Definitions. This section provides the
meanings of certain terms used in this part, including: ``low-
income'' and ``school dropout.''
New Section 1732--Authorization of Appropriations. This
section authorizes funding levels of $5 million for subpart 1
and $145 million for subpart 2 for fiscal year 2001 and ``such
sums as may be necessary for each of the 4 succeeding fiscal
years.'' Within subpart 2, $125 million is available to carry
out section 1721 and $20 million for section 1722.
Title II--Teacher Quality
Section 201--Teacher Quality. Section 201 amends Title II
to strike all of Part A and insert new provisions, renaming
Title II as ``TEACHER QUALITY'' and Part A as ``Teacher
Empowerment.''
Part A--Teacher Empowerment
Provisions of the new Title II, Part A include:
Section 2001--Purpose. Section 2001 states the purpose of
Part A is to provide grants to States and local educational
agencies to help increase student achievement and performance
by improving teacher quality.
Subpart 1--Grants to States
Section 2011--Formula Grants to States. Section 2011(a)
includes general provisions dealing with formula grants to
States, providing that States with applications approved by the
Secretary will receive grants in order to make subgrants to
local educational agencies and eligible partnerships as well as
to carry out specified statewide activities.
Section 2011(b) establishes allotments, as follows:
\1/2\ of 1 percent is reserved for the outlying areas
(United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands),
provided that the amount reserved does not exceed the
amount received for this purpose in fiscal year 2000;
\1/2\ of 1 percent is reserved for the Secretary of
the Interior for professional development activities in
schools operated or funded by the Bureau of Indian
Affairs, provided that the amount reserved does not
exceed the amount received for this purpose in fiscal
year 2000;
The 50 states, the District of Columbia, and the
Commonwealth of Puerto Rico will first receive an
allotment equal to the amount received in fiscal year
2000 from the Eisenhower Professional Development
Program and the Class Size Reduction program--subject
to ratable reduction if appropriations are insufficient
to fund the hold-harmless. Amounts above the FY 2000
level will be allocated based on the number of
individuals age 5 through 17 in the State (50 percent)
and on the number of individuals age 5 through 17 from
families with incomes below the poverty line (50
percent). No State may receive less than \1/2\ of 1
percent of the total amounts above the fiscal year 2000
level.
If a State does not apply for funds, the funding it
would have received will be reallotted among the
remaining States on the basis described above.
Section 2012--Allocations Within States. Section 2012(a)
requires States to use grant funds to carry out activities for
the improvement of teaching and learning as provided by this
section.
Section 2012(b) requires that each State use at least 90
percent of funds to make subgrants to local educational
agencies and eligible partnerships. The remaining funds may be
used for authorized State activities. No more than 5 percent of
the funds retained by the State may be used for planning and
administration.
Section 2012(c) provides that:
95 percent of the funds available for subgrants be
allocated to local educational agencies on the basis of
enrollment in public and private nonprofit elementary
schools and secondary schools in the State (25 percent)
and of the number of individuals age 5 through 17 from
families with incomes below the poverty line in the
State (75 percent). Subgrants are to be used to carry
out activities described in subpart 3;
5 percent of the funds available for subgrants be
awarded by the State Agency for Higher Education
through a competitive process open to eligible
partnerships. Not more than 5 percent of the funds made
available to eligible partnerships may be used for
planning and administration.
Section 2013--State Use of Funds. Section 2013(a) specifies
the activities a State may conduct with the funds reserved for
statewide use. These activities include: (1) reforming teacher
certification/recertification or licensing requirements to
ensure that--teachers have teaching skills and academic content
knowledge, requirements are aligned with State content
standards, and teachers have the knowledge and skills necessary
to help students meeting State student performance standards;
(2) carrying out programs related to induction of new teachers
and to alternative routes to State certification; (3)
developing and implementing effective mechanisms for recruiting
and retaining qualified teachers and principals; (4) developing
or improving performance measures to evaluate the effectiveness
of professional development programs; (5) developing or
improving systems to evaluate the impact of teachers on student
academic achievement and performance; (6) providing technical
assistance to local educational agencies; (7) promoting
reciprocity of teacher certification or licensure between or
among States; (8) developing or assisting in the development of
proven, innovative strategies to deliver intensive professional
development programs; (9) supporting activities to encourage
and support teachers seeking National Board for Professional
Teaching Standards or other recognized entities; and (10)
providing professional development activities involving
training in advanced placement instruction.
Section 2013(b) requires States which receive a grant under
this subpart as well as a grant under Title II of the Higher
Education Act to coordinate the activities carried out under
both grants.
Section 2014--Applications by States. Section 2104(a)
provides that States must make application to the Secretary for
funds under this subpart.
Section 2014(b) requires that State applications include:
(1) a description of how the State will ensure that local
educational agencies that receive subgrants will comply with
the requirements of subpart 3; (2) an assurance that the State
will measure the annual progress of local educational agencies
and schools with respect to improving student academic
achievement and performance in accordance with part A of title
I, closing achievement gaps, and increasing the percentage of
classes in core academic subjects that are taught by highly
qualified teachers and that the State will require each LEA and
school to report to the public on its annual progress; (3) a
description of how the State will hold LEAs and schools
accountable for making annual progress; (4) a description of
how the State will coordinate professional development
activities provided under Federal, State, and local programs
and how such coordination helps assure the effective use of
technology by teachers, paraprofessionals, and principals; and
(5) a description of how the State will encourage the
development of proven, innovative strategies to deliver
intensive professional development programs, (6) a description
of how the activities to be carried out by the State under this
part will be based on a review of relevant research and an
explanation of why the activities are expected to improve
student performance and outcomes.
Section 2014(c) provides that a State application will be
approved unless the Secretary makes a written determination
within 90 days of receipt that the application is in violation
of the provisions of this act.
Subpart 2--Subgrants to Eligible Partnerships
Section 2021--Partnership Grants. Section 2021(a) provides
that the State agency for higher education, in conjunction with
the State educational agency, shall award subgrants on a
competitive basis to eligible partnerships assuring equitable
geographic distribution within the State.
Section 2021(b) sets out the use of funds by an eligible
partnership, which include: (1) professional development
activities in core academic subjects for teachers,
paraprofessionals, and--if appropriate--principals; and (2)
assistance to LEAs and individuals for professional development
activities related to the use of State content standards,
performance standards, and assessments--which may include
programs for individuals who will provide such instruction to
others within their schools.
Section 2021(c) provides that no single participant in an
eligible partnership may use more than 50 percent of the funds
made available to the partnership.
Section 2021(d) requires eligible partnerships which
receive a grant under this subpart as well as a grant under
Title II of the Higher Education Act to coordinate the
activities carried out under both grants.
Section 2021(e) defines ``eligible partnership'' as an
entity which includes a high-need local educational agency, a
school of arts and sciences, and an institution of higher
education's division that prepares teachers--and which may
include other LEAs, a public charter school, a public or
private elementary or secondary school, an educational service
agency, a public orprivate nonprofit educational organization,
other institutions of higher education, a school of arts and sciences
within such an institution, the division of such an institution that
prepares teachers, a nonprofit cultural organization, an entity
carrying out a pre-kindergarten program, a parent-teacher organization,
a teacher organization, or a business.
Subpart 3--Subgrants to Local Educational Agencies
Section 2031--Local Use of Funds. Section 2031(a) sets out
the professional development activities which LEAs receiving
subgrants are required to conduct. These activities include:
(1) professional development activities in mathematics and
science--except that a LEA may retain a waiver granted
previously; and (2) professional development activities that
give teachers, paraprofessionals, and principals with the
knowledge and skills to provide students with the opportunity
to meet challenging State or local standards.
Section 2031(b) sets out the professional development
activities which LEAs receiving subgrants may conduct. These
activities include: (1) recruiting and hiring certified
teachers to reduce class size or to teach special education;
(2) improving recruitment efforts through financial incentives
for teachers in academic shortage areas, recruitment of
professionals from other fields and from underrepresented
groups, and establishment of hiring policies that ensure
comprehensive recruitment efforts; (3) improving retention of
highly qualified teachers and principals through activities
such as mentoring and incentive programs; (4) improving the
quality of the teaching force, including professional
development activities related to technology, different
learning styles, and discipline; and (5) providing teacher
opportunity payments.
Section 2032--Professional Development for Teachers.
Section 2032(a) provides that all professional development
activities must be directly related to the curriculum and
academic subjects in which a teacher provides instruction or is
designed to enhance the ability of a teacher, paraprofessional,
or principal to understand and use State standards except in
cases where the professional development deals with teaching
children with different learning styles, disciplining children,
or identifying early and appropriate interventions to assist
children with different learning styles.
Section 2032(b) provides that all professional development
activities must also: (1) be measured in terms of the annual
progress criteria to be reported by LEAs and schools; (2) be
tied to challenging State or local standards; (3) be tied to
promising and effective practices and research-based programs;
(4) be of sufficient intensity and duration to have a lasting
impact, except in cases where short-term activities are part of
a comprehensive professional development plan; and (5) be
developed with extensive participation of teachers,
paraprofessionals, and principals.
Section 2032(c) provides that any LEA which does not
provide the required professional development activities (as
determined by the State) may request technical assistance to
come into compliance. Any LEA that does not comply for 2
consecutive fiscal years must make teacher opportunity payments
in an amount proportional to the amount expended for
professional development activities in the second fiscal year
in which the agency failed to comply. A portion of funds must
be used for teacher opportunity payments if a request for such
payment is made by a group of teachers in a school served by
the LEA. A LEA that makes progress in the next two subsequent
years shall not be required to provide teacher opportunity
payments and a LEA that fails to make progress for the next two
subsequent years shall request technical assistance from the
State.
Section 2032(d) defines ``professional development
activity.''
Section 2033--Teacher Opportunity Payments. Section 2033
authorizes Teacher Opportunity Payments. The section permits
LEAs to provide payments directly to a teacher or a group of
teachers to participate in professional development activities
which meet the requirements applied to LEA subgrants. LEAs must
establish procedures for notifying teachers of the availability
of such payments and for principals to recommend teachers for
participation based on lack of full certification or the need
for additional assistance. If funding is inadequate to honor
all requests for payments, priority shall be given to teachers
recommended by principals for participation.
Section 2034--Local Application. Section 2034(a) provides
that LEAs must apply to the State for a subgrant, with the
application being coordinated with other programs carried out
under ESEA.
Section 2034(b) provides that local applications shall
include: (1) a description of how funds are to be used; (2) an
assurance that the LEA will target funds to schools that have
the lowest proportions of highly qualified teachers or are
identified for school improvement by other measures of school
quality as determined and documented by the LEA; (3) a
description of how professional development activities under
this subpart will be coordinated with such activities provided
through other Federal, State, and local programs; (4) a
description of how the LEA will integrate funds under this
subpart with funds received under title V, part A for
professional development; (5) a description of how the LEA has
collaborated with teachers, paraprofessionals, principals, and
parents in preparation of the application and (6) a description
of how the activities to be carried out by the LEA will be
based on a review of relevant research and an explanation of
why the activities are expected to improve student performance
and outcomes.
Subpart 4--National Activities
Section 2041--Alternative Routes to Teaching and Promoting
Excellence in Teaching. Section 2041(a) authorizes competitive
grants to eligible consortia for the establishment of teacher
academies which promote alternative routes to certification or
model professional development activities. Programs promoting
alternative routes to certification must include highly
qualified individuals, provide stipends, provide master
teachers to mentor students, and include a service requirement.
Model professional development activities may include innovate
programs, model curricula, and the development of innovative
techniques to evaluate theeffectiveness of professional
development programs. At least one grant must be made to an eligible
consortium that includes a high-need local educational agency located
in a rural area and makes extensive use of distance learning. No single
participant in an eligible consortium may use more than 50 percent of
the funds made available under the grant. An eligible consortium must
include the State agency responsible for certifying or licensing
teachers, at least one high-need local educational agency, a school of
arts and sciences, and an institution that prepares teachers. It may
also include LEAs, public charter schools, public or private elementary
or secondary schools, educational service agencies, public or private
nonprofit educational organizations, museums, or businesses.
Section 2041(b) authorizes the Secretary to award grants to
the National Board for Professional Teaching Standards to
enable the Board to complete a system of national board
certification for fiscal year 2001 and allows the Secretary to
support activities to encourage and support teachers seeking
advanced certification or advanced credentialing through high
quality professional teacher enhancement programs designed to
improve teaching and learning.
Section 2041(c) authorizes competitive grants for teacher
training programs relating to mathematics and science. Grants
are to be used to encourage students, including young women to
pursue math and science teaching and may include programs
jointly developed by the grant recipient and by a business,
industry, or institution of higher education.
Section 2041(d) authorizes the Secretary, in consultation
with the Director of the National Science Foundation, to award
a grant or contract to continue the Eisenhower National
Clearinghouse for Mathematics and Science Education and
provides the authority for the Clearinghouse to use funds to
provide information and resources in the areas of language arts
and social studies.
Section 2041(e) authorizes the Troops-to-Teachers Program
allowing the Department of Education to fund the program and
contract with the Department of Defense, Defense Activity for
Non-Traditional Education Support (DANTES) for the
administration of the program. The Secretary of Education would
be permitted to retain a portion of the funds to identify LEAs
with concentrations of low-income children and with teacher
shortages and to identify States with alternative certification
programs.
Subpart 5--Funding
Section 2051--Authorization of Appropriations. Section 2051
authorizes $2 billion for fiscal year 2001, of which $40
million will be used to carry out the national activities
authorized under Subpart 4. ``Such sums as may be necessary''
are authorized for fiscal years 2002 through 2005.
Subpart 6--General Provisions
Section 2061--Definitions. Section 2061 includes
definitions for the terms ``arts and sciences,'' ``core
academic subjects,'' ``highly qualified,'' ``high-need local
educational agency,'' ``out-of-field teacher,'' ``poverty
line,'' and ``State.''
Section 202--Leadership Education and Development Program.
Section 202 amends title II to strike all of part B and insert
new provisions, renaming part B as ``Leadership Education and
Development Program.''
Part B--Leadership Education and Development Program
Provisions of the new Title II, Part B include:
Section 2201--Leadership Programs. Section 2201(a) defines
``school leader'' as an elementary or secondary school
superintendent, principal, assistant teacher or another
individual in a management or leadership position with a State
or region of a State whose work directly impacts teaching and
learning relating to elementary and secondary education.
Section 2201(b) authorizes the Secretary to award grants to
State educational agencies, institutions of higher education,
local educational agencies and nonprofit educational
organizations (or consortia of such entities) to provide
professional development to school leaders.
Section 2201(c) sets out the criteria to be used in
awarding grants, including the quality of the proposal, the
educational need of the area to be served, and equitable
geographic distribution.
Section 2201(d) requires that application for funds be
submitted to the Secretary.
Section 2201(e) sets out the uses of grant funds, which
include providing school leaders with training in leadership,
management, and instructional skills; enhancing and developing
the school management and business skills of school leaders;
improving understanding of educational technology and State
standards; improving the knowledge of school leaders regarding
challenging State content and performance standards;
encouraging highly qualified individuals to become school
leaders; and developing mentorships and a network of school
leaders within the State.
Section 2201(f) provides that the Federal Government will
assume 80 percent of the cost of the program. The 20 percent
match may be paid in cash or in kind. The matching requirement
may be waived by the Secretary for entities serving low-income
areas.
Section 2201(g) authorizes $100 million for FY 2001 and
``such sums'' in the 4 subsequent fiscal years for Part B.
Part C--Reading Excellence Act
Section 203--Reading Excellence. Section 203(a) amends the
part heading for Title II, Part C, as ``Reading Excellence
Act''.
Section 203(b) authorizes $280 million in FY 2001 and
``such sums'' in the 4 subsequent fiscal years for Part C.
Section 203(c) provides that the short title for Part C
will be ``Reading Excellence Act''.
Section 204--National Writing Project. Section 204 amends
Title II to strike all of Part D and insert new provisions,
renaming Part D as ``National Writing Project.''
Part D--National Writing Project
Provisions of the new Title II, Part D include:
Section 2301--Purpose. Section 2301 sets out the purpose of
Part D as supporting the expansion of the National Writing
Project network, ensure high quality programs, promote
dissemination of information on effective practices, and
coordinate activities with other ESEA activities.
Section 2302--National Writing Project. Section 2302(a)
authorizes the Secretary to make a grant to the National
Writing Project.
Section 2302(b) sets out grant requirements, providing that
the National Writing Project will use grant funds to pay the
Federal share of establishing and operating teacher training
programs and will contract with nonprofit educational providers
for the non-Federal share.
Section 2302(c) requires contractors to conduct the program
during the school year and the summer months, train K-12 and
college teachers, select members of a National Writing Project
teacher network, and encourage teachers from all disciplines to
participate.
Section 2302(d) defines ``Federal share'' as being 50
percent of the cost to the contractor of establishing and
operating teacher training programs. Cost-sharing may be waived
on a case-by-case basis on the recommendation of the National
Advisory Board. The Federal share may not exceed $100,000 for
any one contractor or $200,000 for a statewide program
administered by any one contractor in at least 5 sites
throughout the state.
Section 2302(e) requires the National Writing Project to
establish a National Advisory Board, comprised of national
educational leaders, leaders in the field of writing, and
others determined to be necessary. The advisory board will
advise on national issues related to writing, review activities
and programs, and support the continued development of the
National Writing Project.
Section 2302(f) requires the Secretary to conduct an
independent evaluation of the teacher training programs
supported under Part D. The evaluation is to include a
determination of the administrative costs of the National
Writing Project and its contractors. The results of the
evaluation are to be provided to the appropriate committees of
Congress. Up to $150,000 of Part D funds may reserved for the
evaluation.
Section 2302(g) requires the National Writing Project to
establish a National Review Board, comprised of leaders in the
field of writing research and others determined to be
necessary. The review board is to review and recommend
applications for assistance.
Section 2302(h) authorizes $15 million for fiscal year 2001
and ``such sums'' for the 4 subsequent fiscal years for Part D.
Section 205--General Provisions. Section 205 redesignates
title II, part E (``General Provisions'') as part G and strikes
all current provisions.
Part G--General Provisions
Provisions of the new title II, part G, include:
Section 2601--Prohibition on Mandatory National
Certification or Licensing of Teachers. Section 2601 prohibits
the mandatory national certification or licensing of teachers
as well as mandatory national teacher testing.
Section 2602--Home Schools. Section 2602 prohibits Federal
control of private, religious, or home school. Such schools may
participate in title II programs.
Section 206--New Century Program and Digital Education
Content Collaborative. Section 206 establishes a new title II,
part E, entitled ``New Century Program for Distributed Teacher
Professional Development'', and a new part F, entitled
``Digital Education Content Collaborative.''
Part E--New Century Program for Distributed Teacher Professional
Development
Section 2401--Project Authorized. Section 2401 authorizes
the Secretary to make a grant to a nonprofit telecommunications
entity (or partnership of same) to carry out a national
telecommunications-based program to improve teaching in core
curriculum areas for the purpose of assisting students to meet
State content standards.
Section 2402--Application. Section 2402 sets out the
contents of grant applications, including a demonstration that
video and data will be delivered in an integrated service, an
assurance that the project will be conducted in cooperation
with appropriate State and local agencies and others, and an
assurance that a significant portion of the benefits will be
made available to schools in LEAs with a high percentage of
title I children. School sites in at least 15 States must be
included.
Section 2403--Authorization of Appropriations. Section 2403
authorizes $20 million in fiscal year 2001 and ``such sums'' in
the 4 succeeding fiscal years for part E.
Part F--Digital Education Content Collaborative
Section 2501--Digital Education Content Collaborative.
Section 2501 authorizes the Secretary to make grants,
contracts, or cooperative agreements for the development,
production, and distribution of video programming for K-12
students. Fund recipients must enter into multi-year content
development arrangements with SEAs, LEAs, IHEs, businesses, or
others.
Section 2502--Educational Programming. Section 2502
provides that the Secretary must make awards on a competitive
basis for a period of 3 years to local public
telecommunications entities for the development of programming
which includes student assessment tools and teacher support and
which relate to State content standards and may be distributed
through digital broadcasting and school digital networks.
Section 2503--Applications. Section 2503 requires the
submission of an application to the Secretary.
Section 2504--Matching Requirement. Section 2504 requires a
100-percent match, which may include funds provided for the
transition to digital broadcasting--as well as in-kind
contributions.
Section 2505--Administrative Costs. Section 2505 provides
that no more than 5 percent of Part F funds be used for
administrative costs.
Section 2506--Authorization of Appropriations. Section 2506
authorizes $25 million for FY 2001 and ``such sums'' for the 4
subsequent fiscal years for Part F.
Title III--Enrichment Initiatives
Section 301--21st Century Community Learning Centers. This
section amends title III and inserts the following new
provisions, renaming title III as ``ENRICHMENT INITIATIVES''
and part A as ``21st Century Community Learning Centers.''
Part A--21st Century Community Learning Centers
The new part A retains current law with respect to ``21st
Century Community Learning Centers'' (title X, part I), except
for an increase in the authorized funding level to $500 million
for fiscal year 2001 and ``such sums as may be necessary'' for
the 4 succeeding fiscal years.
Provisions of the new title III, part A include:
Section 3101--Short Title. This section specifies that this
part may be cited as the ``21st Century Community Learning
Centers Act.''
Section 3102--Purpose. This section repeals the
congressional findings currently in the act and inserts the
purpose of part A which is to provide local public schools with
the opportunity to serve as centers for the delivery of
education; to enable public schools, primarily in rural or
inner-city communities, to collaborate with public and
nonprofit agencies and organizations, local businesses, and
educational institutions, to expand the opportunities available
to the residents of the communities served by such schools; to
use school facilities, equipment, and resources so that
communities can promote a more efficient use of public
education facilities; to enable schools to become centers of
life-long learning; and to enable schools to provide
educational opportunities for individuals of all ages.
Section 3103--Program Authorization. This section
authorizes the Secretary to award grants to rural and inner-
city public elementary or secondary schools to plan, implement,
or expand projects that benefit the educational, health, social
service, cultural, and recreational needs of a rural or inner-
city community. The Secretary is required to ensure an
equitable distribution of assistance among the States, among
urban and rural areas of the United States, and among rural and
urban areas of a State. The time period for the distribution of
grants may not exceed 3 years, and the Secretary may not award
grants in an amount less than $35,000.
Section 3104--Application Required. This section requires
elementary or secondary schools seeking a grant under part A to
submit an application with specific criteria. The Secretary
shall give priority to applications describing projects that
offer a broad selection of services which address the needs of
the community.
Section 3105--Uses of Funds. This section specifies that
grant funds shall be used to plan, implement, or expand
community learning centers which include not less than 4 of the
following activities: literacy education programs; senior
citizen programs; children's day care services; integrated
education, health, social service, recreational or cultural
programs; summer and weekend school programs; nutrition and
health programs; expanded library service hours;
telecommunications and technology education programs; parenting
skills education programs; support and training for child day
care providers; employment counseling, training, and placement;
services for individuals who leave school before graduating
from secondary school; and services for individuals with
disabilities.
Section 3106--Definition. This section provides the meaning
of the term ``community learning center'' for the purposes of
this part.
Section 3107--Authorization of Appropriations. This section
authorizes $500 million to be appropriated for fiscal year 2001
and ``such sums as may be necessary'' for the 4 succeeding
fiscal years to carry out the purposes of this part.
Part B--Initiatives for Neglected, Delinquent, or At Risk Students
The new Part B retains current law with respect to
``Prevention and Intervention Programs for Children and Youth
Who are Neglected, Delinquent, or at Risk of Dropping Out''
(title I, part D), renaming title III, part B as ``Initiatives
for Neglected, Delinquent, or At Risk Students.''
Provisions of the new title III, part B include:
Subpart 1--Prevention and Intervention Programs for
Children and Youth Who Are Neglected, Delinquent,
or at Risk of Dropping Out
Section 3321--Purpose; Program Authorized. This section
repeals the congressional findings currently in the act and
states the purpose of subpart 1 which is to improve educational
services in local and State institutions for neglected or
delinquent children so that they have the opportunity to meet
the same challenging State content and student performance
standards that all children in the State are expected to meet;
to provide such children with the services needed to make a
successful transition from institutionalization to further
schooling or employment; and to prevent at-risk youth from
dropping out of school and to provide dropouts and youth
returning from institutions with a support system to ensure
their continued education.
Section 3321(b) requires the Secretary to provide grants to
State educational agencies so that they can award subgrants to
State agencies and local educational agencies to establish or
improve programs of education for neglected or delinquent
children at risk of dropping out of school before graduation.
Section 3322--Payments for Programs Under this Subpart.
This section authorizes the Secretary to allocate to each State
educational agency amounts necessary to make subgrants to State
agencies under Chapter 1. Each State is required to retain
funds generated throughout the State under title I, part A
based on youth residing in local correctional facilities, or
attending community day programs for delinquent children.
Chapter 1--State Agency Programs
Section 3331--Eligibility. This section states that a State
agency may be eligible for assistance under Chapter 1 if the
State agency is responsible for providing free public education
for children in institutions for neglected or delinquent
children; attending community day programs for neglected or
delinquent children; or in adult correctional institutions.
Section 3332--Allocation of Funds. This section establishes
the criteria by which a State agency, including those in Puerto
Rico may be eligible to receive a subgrant under subpart 1. The
Secretary is allowed to ratably reduce subgrants if the amount
appropriated is insufficient to pay the full amount for which
State agencies are eligible.
Section 3333--State Reallocation of Funds. This section
allows State educational agencies to reallocate unneeded funds
from one State agency to another in need of additional funds.
Section 3334--State Plan and State Agency Applications.
This section requires each State educational agency seeking a
grant under subpart 1 to submit for approval of the Secretary,
a plan for meeting the needs of neglected and delinquent
children at risk of dropping out of school. The Secretary is
required to approve each State plan meeting the criteria
detailed in this section. Each State agency seeking funds to
carry out a program must submit an application with specific
guidelines to the State educational agencies.
Section 3335--Use of Funds. This section states that funds
under Chapter 1 only be used by State agencies for programs and
projects that are consistent with the State plan under section
3334(a) and concentrate on providing participants with the
knowledge and skills needed to make a successful transition to
secondary school completion, further education, or employment.
The number of hours of instruction students receive from State
and local sources under Chapter 1 programs shall supplement and
not supplant the requirements of section 1120A.
Section 3336--Institution-Wide Projects. This section
allows State agencies that provide education to neglected or
delinquent children to use funds received under subpart 1 to
upgrade the educational effort of the institutions or programs
these children are educated in, if the State agency has
developed and approved a plan for that institution or program.
This section establishes specific guidelines for the plan.
Section 3337--Three-Year Programs or Projects. This section
authorizes State educational agencies to approve State agencies
applications for subgrants if the State agency finds it likely
that a child will participate in a program for more than 1
year. An application may not be approved for a period exceeding
3 years.
Section 3338--Transition Services. This section authorizes
State agencies to reserve 10 percent of the funds received
under Chapter 1 to support projects that facilitate the
transition of children from State-operated institutions to
local educational agencies. Projects are to be conducted either
by the State agency or through a contract with 1 or more local
educational agencies, public agencies, or private non-profit
organizations. Reserved funds shall be used only to provide
transitional educational services, which may include pupil
services and mentoring, to neglected and delinquent children in
schools other than State-operated institutions.
Chapter 2--Local Agency Programs
Section 3341--Purpose. This section states the purpose of
Chapter 2 which is to support the operation of local
educational agency programs that involve collaboration with
locally operated correctional facilities to: (1) carry out high
quality education programs to prepare youth for secondary
school completion, training and employment, or further
education; (2) provide activities to facilitate the transition
of such youth from the correctional program to further
education or employment; and (3) operate dropout prevention
programs in local schools for youth at risk of dropping out of
school and youth returning from correctional facilities.
Section 3342--Programs Operated by Local Educational
Agencies. This sectionauthorizes State educational agencies to
award subgrants to local educational agencies with high numbers or
percentages of youth residing in locally operated youth correctional
facilities. In addition, a local educational agency which includes a
correctional facility that operates a school is not required to operate
a dropout prevention program if more than 30 percent of the youth
attending reside outside of the local educational agency boundaries
upon leaving the facility. State educational agencies are required to
notify local educational agencies of subgrants.
Section 3343--Local Educational Agency Applications. This
section provides detailed criteria for applications to be
completed by those local educational agencies seeking
assistance from State educational agencies under Chapter 2.
Section 3344--Uses of Funds. This section requires that
funds provided to local educational agencies under Chapter 2 be
used for dropout prevention programs which serve youth at
educational risk; the coordination of health and social
services for such individuals if there is a likelihood that the
services will enable them to complete their education; and
programs to meet the unique education needs of youth at risk of
dropping out of school.
Section 3345--Program Requirements for Correctional
Facilities Receiving Funds Under this Section. This section
requires correctional facilities that have agreements with
local educational agencies to: ensure educational programs in
juvenile facilities are coordinated with the student's home
school; notify local schools if a youth is identified in need
of special education services; provide transition assistance to
help youth stay in school; provide support programs to
encourage youth who have dropped out to re-enter school; work
to ensure facilities are staffed with teachers and other
qualified staff who are trained to work with children with
disabilities; ensure educational programs in correctional
facilities are related to assisting students to meet high
educational standards; use technology to assist in coordinating
educational programs between the juvenile facility and the
community school; involve parents in efforts to improve the
educational achievement of their children; coordinate funds
received under this program with other local, State, and
Federal funds available to provide services to participating
youth; and work with local businesses to develop training and
mentoring programs for participating youth.
Section 3346--Accountability. This section authorizes a
State educational agency to reduce or terminate funding for
projects if a local educational agency doesn't reduce dropout
rates or require juvenile facilities to demonstrate that there
has been an increase in the number of youth returning to school
or pursuing post-secondary opportunities.
Chapter 3--General Provisions
Section 3351--Program Evaluations. This section requires
State agencies and local educational agencies that conduct
programs under Chapters 1 and 2 to evaluate the programs. The
results of the evaluations should be submitted to the State
educational agencies in order to improve subsequent programs.
Section 3352--Definitions. This section provides the
meanings of certain terms used in subpart 2, including ``adult
correctional institution,'' ``at-risk youth,'' ``community day
program,'' and ``institution for neglected or delinquent
children and youth.''
Part C--Gifted and Talented Children
The new Part C retains current law with respect to ``Gifted
and Talented Children'' (title X, part B), renaming title III,
part C as ``Gifted and Talented Children.''
Provisions of the new title III, part C include:
Section 3401--Short Title. This section specifies that part
C may be cited as the ``Jacob K. Javits Gifted and Talented
Students Education Act.''
Section 3402--Statement of Purpose. This section repeals
the congressional findings in current law and states the
purpose of part C which is to provide grants to State
educational agencies and public schools for programs designed
for gifted and talented students in elementary and secondary
schools; to encourage the development of challenging curricula
for all students; and to supplement and use State and local
funding for gifted and talented students more effectively.
Section 3403--Construction. This section encourages States
to educate gifted and talented students simultaneously with
students of similar educational needs.
Section 3404--Authorization of Appropriations; Trigger.
This section authorizes $155 million for fiscal year 2001 and
``such sums as may be necessary'' for the 4 succeeding fiscal
years. Once the appropriation for this program reaches $50
million, funding is to be distributed by formula to the States
and competitively to local educational agencies and schools. If
funding levels fall below $50 million, the current law
provisions of the program will remain in effect.
Section 3405--Allotment to States. This section authorizes
the Secretary to reserve up to 1 percent of the authorized
funds for payments to outlying areas in accordance with their
assistance needs. The Secretary will allot funds to each State
based on a ratio of a State's school-age population of all
States. A small State minimum of \1/2\ percent is included. If
more than $50 million is appropriated for this section in a
fiscal year, the Secretary shall use the funding for grants or
contract payments. All current grantees that have been awarded
funds under this program will continue to receive funds under
the original terms of the grant until the time period for that
grant has expired.
Section 3406--State Applications. This section requires
States seeking assistance under part C to submit an application
which (1) designates the State educational agency as the agency
responsible for the administration of the program, including
public dissemination of data; (2) contains an assurance that
the State educational agency will have the ability to provide
matching funds (in cash or in-kind); (3) provides for a
biennial submission of data regarding the use ofgifted and
talented funds; (4) provides an assurance that the SEA will keep
records and provide such information as the Secretary requires; (5)
contains an assurance that there is compliance with the requirements of
this part; and (6) provides for timely public notice and public
dissemination of data. The duration of the application is 3 years.
Section 3407--State Uses of Funds. This section allows
State educational agencies to use up to 10 percent of funding
for the following activities: (1) a peer review process for
grant applications; (2) supervision of the awarding of funds to
elementary schools, secondary schools, or a consortia of these
schools; (3) planning, supervision, and processing of funds
made available under this part; (4) monitoring, evaluation, and
dissemination of programs and activities assisted under this
part; (5) providing technical assistance; and (6)
supplementing, but not supplanting, State and local funds for
the education of gifted and talented students. A State
educational agency may use up to 2 percent of funding to
provide education, information, and support to parents of
gifted and talented students.
Section 3408--Distribution to Local Educational Agencies.
This section requires a State educational agency to use at
least 88 percent of the funds under part C to award grants, on
a competitive basis, to local educational agencies for programs
designed to meet the needs of gifted and talented students.
Section 3409--Local Application Requirements. This section
requires a local educational agency seeking a grant to submit
an application to the State educational agency, including: (1)
an assurance that funds received under this program will be
used to identify and support gifted and talented students from
all economic, ethnic and racial backgrounds, such as students
of limited English proficiency and students with disabilities;
and (2) a description of how the school or consortium of
schools will meet the educational needs of gifted and talented
students, including the training of personnel.
Section 3410--Local Uses of Funds. This section requires a
local educational agency receiving a grant under part C to
carry out 1 or more of the following activities: professional
development; identification of students; model projects; and
emerging technologies.
Section 3411--Participation of Private School Children and
Teachers. This section requires the Secretary to ensure that
there is equitable participation of students and teachers in
private, nonprofit elementary and secondary schools, including
the participation of teachers and other personnel in
professional development.
Section 3412--Establishment of National Center. This
section requires the Secretary to establish a ``National Center
for Research and Development in the Education of Gifted and
Talented Children and Youth'' through grants or contracts with
1 or more institutions of higher education, State educational
agencies, or a consortia of such institutions and agencies. The
purpose of the National Center is to develop, devise,
disseminate, and evaluate model projects and activities that
serve gifted and talented students; to conduct research; and to
provide technical assistance. The Secretary may not use more
than 30 percent of the funds appropriated for the overall
Javits Gifted and Talented Program for the National Center. A
new provision allows the current grantee to continue to be the
grantee for the duration of the current grant.
Part D--Arts in Education
The new Part D retains current law with respect to ``Arts
in Education'' (title X, part D), renaming title III, part D as
``Arts in Education.''
Provisions of the new title III, part D include:
Subpart 1--Arts Education
Section 3511--Support for Arts Education. This section
repeals the congressional findings in current law and specifies
the purposes of this part which are to support systemic
education reform by strengthening arts education; to help
ensure that all students have the opportunity to learn to
challenging State standards; to support the national effort to
enable all students to demonstrate competence in the arts; to
support model partnership programs between schools and
nonprofit cultural organizations designed to increase overall
student achievement; and to support projects and programs in
the performing arts through arrangements with the Kennedy
Center for the Performing Arts.
Section 3511(b) authorizes the Secretary to award grants to
State educational agencies, local educational agencies,
institutions of higher education, museums and other cultural
institutions, and other public and private agencies,
institutions and organizations.
Section 3511(c) authorizes funds under subpart 1 to be used
for: (1) the development and dissemination of model arts
education programs or assessments based on high standards; (2)
the development and implementation of curriculum frameworks for
arts education; (3) the development of model preservice and
inservice professional development programs for arts educators
and other instructional staff; (4) supporting collaborative
activities with other Federal agencies or institutions involved
in arts education, (5) supporting models and programs in the
performing arts for children and youth through arrangements
made with the Kennedy Center for the Performing Arts; (6)
supporting model projects and programs by VSA Arts that assure
the participation in mainstream settings in arts and education
programs of individuals with disabilities; and (7) supporting
collaborative projects between schools and nonprofit cultural
organizations.
Section 3511(d) requires a recipient of funds under subpart
1 to coordinate projects with appropriate activities of public
and private cultural agencies, institutions, and organizations,
including museums, arts education associations, libraries and
theaters.
Section 3511(e) authorizes a funding level of $25 million
for fiscal year 2001 and ``such sums as may be necessary'' for
the 4 succeeding fiscal years. If the amountappropriated for
any fiscal year is $10 million or less, then the amount shall be
available to carry out only activities arranged with the Kennedy Center
for the Performing Arts and VSA Arts.
Subpart 2--Cultural Partnerships for At-Risk Youth
Section 3521--Purpose. This section repeals the
congressional findings and specifies the purposes of subpart 2
which are to award grants to improve the educational
performance and potential of at-risk youth by providing
educational and cultural services.
Section 3522--Program Authorized. This section authorizes
the Secretary to award grants to pay the Federal share of the
costs of the activities described in section 3523. Targeted
groups and the objectives of programs receiving grants under
subpart 2 are specified.
Section 3523--Authorized Activities. This section specifies
the activities which grants awarded under subpart 2 may be used
for, including: (1) developing, acquiring, implementing, and
expanding school-based coordinated educational and cultural
programs; (2) providing at-risk youth with integrated cultural
activities designed to improve academic achievement; (3)
working with school personnel on staff development activities;
(4) encouraging active participation of parents in the
education of their children; and (5) assisting local artists to
work with at-risk youth in schools. An application shall be
submitted by entities seeking a grant under subpart 2.
Section 3524--Payments; Amounts of Award; Cost Share;
Limitations. This section requires the Secretary to pay
eligible recipients the Federal share of the costs of the
activities described in the application. Grants awarded under
part D are to be used to supplement and not supplant the funds
made available from non-Federal sources. The Secretary may use
up to 5 percent of the grant funds for evaluation and
replication of programs.
Section 3525--Authorization of Appropriations. This section
authorizes a funding level of $45 million for fiscal year 2001
and ``such sums as may be necessary'' for the 4 succeeding
fiscal years to carry out the activities of subpart 2.
Part E--Advanced Placement Programs
Section 3601--Short Title. This section specifies that part
E may be cited as the ``Access to High Standards Act.''
Section 3602--Findings and Purposes. This section states
the findings and purposes of this part. The purposes are to
encourage more of the students who take advanced placement
courses to take the exam; to build on the benefits of advanced
placement programs for students; to support State and local
efforts to raise academic standards through advanced placement
programs; to increase the availability and broaden the range of
schools that have advanced placement programs; to provide
greater access to advanced placement courses; to provide access
to advanced placement courses for students in schools that do
not offer the courses; and toincrease the participation of low-
income individuals in taking advanced placement tests.
Section 3603--Funding Distribution Rule. This section
authorizes the Secretary to give priority to funding activities
under section 3606 and shall distribute 70 percent of remaining
funds to carry out section 3604 and 30 percent to carry out
section 3605.
Section 3604--Advanced Placement Program Grants. This
section authorizes the Secretary to award grants for a period
of 3 years to State educational agencies and local educational
agencies in order to expand access for low-income individuals
to advanced placement incentive programs that involve teacher
training; pre-advanced placement course development; curriculum
coordination and articulation between grade levels that prepare
students for advanced placement courses; and curriculum
development. All entities seeking a grant shall submit an
application to the Secretary. Those entities receiving grants
shall annually report to the Secretary: the number of students
taking advanced placement courses; the number of advanced
placement tests taken by students; the scores on the advanced
placement tests; and demographic information regarding
individuals taking the advanced placement courses.
Section 3605--On-Line Advanced Placement Courses. This
section authorizes the Secretary to award grants, on a
competitive basis, to State educational agencies to enable them
to award grants to local educational agencies to provide
students with on-line advanced placement courses. State
educational agencies seeking a grant shall submit an
application to the Secretary and in awarding grants, priority
should be given to local educational agencies that: serve high
concentrations of low-income students; serve rural areas; and
would not have access to on-line advanced placement courses.
Grant funds may be used to purchase on-line curriculum or
course materials.
Section 3606--Advanced Placement Incentive Program. This
section authorizes the Secretary to award grants to State
educational agencies in order to reimburse low-income
individuals to cover part or all of the costs of advanced
placement test fees. If an excess of funds exists, State
educational agencies may use the grant funds to increase the
enrollment of low-income individuals in advanced placement
courses; the participation of low-income individuals in
advanced placement courses; and the availability of advanced
placement courses in schools serving high-poverty areas. Grant
funds shall supplement and not supplant other non-Federal funds
that are available to assist low-income individuals in paying
for the cost of advanced placement test fees.
Section 3607--Definitions. This section provides the
meanings of certain terms used in this part, including:
``advanced placement incentive program,'' ``advanced placement
test,'' ``high concentration of low-income students,'' ``low-
income individual,'' ``institution of higher education,'' and
``State.''
Section 3608--Authorization of Appropriations. This section
authorizes $50 million for fiscal year 2001 and ``such sums as
may be necessary'' for the 4 succeeding fiscal years.
Section 302--Dissemination of Advanced Placement
Information. This section requires each institution of higher
education receiving Federal funds for research or for programs
assisted under the Higher Education Act of 1965 to: (1)
distribute ``information'' with respect to the amount and type
of academic credit provided to students at the institution of
higher education for advanced placement test scores; and (2)
standardize the form and manner in which the ``information'' is
disseminated by the various departments, offices, or other
divisions of the institution of higher education.
Title IV--Safe and Drug-Free Schools and Communities
Section 401--Amendment to the Elementary and Secondary
Education Act of 1965. This section amends title IV and inserts
the following:
Part A--State Grants
The new part A retains current law with respect to ``State
Grants for Drug and Violence Prevention Programs,'' renaming
title IV, part A as ``State Grants.''
Provisions of title IV, part A include:
Section 4001--Short Title. This section specifies that part
A may be cited as the ``Safe and Drug-Free Schools and
Communities Act of 1994.''
Section 4002--Findings. This section provides new
congressional findings regarding this part, including: (1)
every student should attend a school in a drug-and violence-
free learning environment; (2) the widespread illegal use of
alcohol and drugs among the Nation's secondary school students,
and increasingly by students in elementary schools, constitutes
a grave threat to such students' physical and mental well-
being, and significantly impedes the learning process; (3) drug
and violence prevention programs are essential components of a
comprehensive strategy to promote school safety, youth
development, positive school outcomes, and to reduce the demand
for and illegal use of alcohol, tobacco and drugs throughout
the Nation; (4) drug and violence prevention programs are most
effective when implemented within a research-based, drug and
violence prevention framework of proven effectiveness; (5)
research clearly shows that community contexts contribute to
substance abuse and violence; (6) substance abuse and violence
are intricately related and must be dealt with in a holistic
manner; and (7) research has documented that parental behavior
and environment directly influence a child's inclination to use
alcohol, tobacco or drugs.
Section 4003--Purpose. This section states the purpose of
Part A which is to support programs that prevent violence in
and around schools and prevent the illegal use of alcohol,
tobacco, and drugs; involve parents; and are coordinated with
related Federal, State, school, and community efforts and
resources.
Section 4004--Funding. This section authorizes funding
levels for fiscal year 2001 and``such sums as may be
necessary'' for the 4 succeeding fiscal years for the following
programs: $700 million for the State Grants program under subpart 1;
$150 million for the National Programs under subpart 2; and $75 million
for the National Coordinator Initiative under section 4122.
Subpart 1--State Grants for Drug and Violence Prevention
Programs
Section 4111--Reservations and Allotments. This section
requires the Secretary to: reserve 1 percent of the amount made
available under section 4004(1) for Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands; reserve 1 percent of the same amount for the Secretary
of the Interior to carry out programs under this part for
Indian youth; reserve not more than $2 million for the National
impact evaluation required by section 4117(a); and reserve 0.2
percent of above amount for programs for Native Hawaiians under
section 4118.
Section 4112--State Applications. This section requires
States seeking an allotment to submit an application to the
Secretary including: a comprehensive plan for the use of funds
under the Governor's program and the State Department of
Education's program; a needs assessment and results of ongoing
State evaluation activities; assurances that stakeholders were
consulted; measurable goals; a description of how the funds
will be spent; and a comprehensive plan for using and
monitoring the funds received under title IV. The State plan
shall also include a comprehensive plan for the Governor's
program by the chief executive officer.
Section 4113--State and Local Educational Agency Programs.
This section reserves 80 percent of the funds made available to
States to be used for State support and grants to local
educational agencies for drug and violence prevention
activities. State and local programs must implement activities
that are research-based initiatives, and States are required to
implement a uniform management and information reporting system
so that expenditures of these funds can be clearly tracked. A
State educational agency may use up to 5 percent of available
funds for technical assistance and 5 percent for the
administrative costs of carrying out responsibilities.
State educational agencies may choose between the following
two options for allocating remaining funds to local educational
agencies: (1) at least 70 percent to schools based on
enrollment and up to 30 percent allocated at the State's
discretion or to schools the State determines to have the
greatest need; or (2) up to 70 percent on a competitive basis
to those schools with the greatest need, and 30 percent to
those schools the State determines require additional help to
run a program but who might not meet the ``greatest need''
criteria. These options would allow States to choose and define
a competitive or baseline minimum grant system and still allow
them to help those schools that could not compete under that
system.
Section 4114--Governor's Programs. This section reserves 20
percent of a State's allocation for Governors programs of which
not less than 95 percent of the funds must be used for
research-based substance abuse/violence reduction through a
broad range of activities. Governors are authorized to add
their money directly to the funds being sent to schools and
communities to serve out of school youth and to undertake
community mobilization activities related to substance abuse
and violence.
Section 4115--Local Applications. This section states that
in order to be eligible for a distribution under section
4113(d), a local educational agency must submit an application
to the State educational agency. The application shall: include
a needs assessment; set measurable goals and objectives;
utilize effective research-based programs; ensure participation
of community groups; and include a program evaluation.
Section 4116--Local Drug and Violence Prevention Programs.
This section requires local educational agencies to use funds
received under subpart 1 to adopt and carry out a comprehensive
drug and violence prevention program. The program shall be
designed for all students and school employees in order to
prevent the use, possession, and distribution of tobacco,
alcohol, and illegal drugs; prevent violence and promote school
safety; and create a disciplined environment conducive to
learning.
Section 4117--Evaluations and Reporting. This section
requires the Secretary of Education to consult with the newly
created National Advisory Committee to conduct an independent
biennial evaluation of the impact of programs assisted under
subpart 1 and on other recent and new initiatives to combat
violence in schools. The evaluation shall determine whether
funded programs conform to the principles of effectiveness;
target research-based programs such as risk factors and/or
protective factors/buffers or assets; and reduce drug use,
school violence, and the presence of firearms at schools. The
Department of Education, States, and the Governors are required
to implement program and financial monitoring. Every 2 years,
States shall provide the Secretary with a report detailing the
implementation and outcomes of the State's and local
educational agencies programs and their effectiveness, the
State's progress toward attaining its goals for drug and
violence prevention, and the State's efforts to inform parents
of, and include parents in, violence and drug prevention
efforts. In addition, local educational agencies are required
to provide State educational agencies with the information they
may need to complete the State reports.
Section 4118--Programs for Native Hawaiians. This section
authorizes the Secretary to provide grants to or enter into
cooperative agreements with organizations that serve and
represent Native Hawaiians in order to plan, conduct, and
administer programs that are authorized by and consistent with
the provisions of title IV for the benefit of Native Hawaiians.
For the purposes of this section, Native Hawaiians are those
individuals whose ancestors were natives, prior to 1778, of the
area which now comprises the State of Hawaii.
Subpart 2--National Programs
Section 4121--Federal Activities. This section authorizes
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, to carry out programs
to prevent the illegal use ofdrugs and violence among students,
and to promote safety and discipline for students. The Secretary may
carry out programs directly or award grants to local educational
agencies for the hiring and training of drug prevention and school
safety program coordinators.
Section 4122--National Coordinator Program. This section
states that the Secretary shall provide for the establishment
of a National Coordinator Program under which grants are
awarded to local educational agencies for the hiring of drug
prevention and school safety program coordinators. Coordinators
shall be responsible for developing, conducting, and analyzing
assessments of drug and crime problems at their schools, and
administering the safe and drug free grant program.
Section 4123--Safe and Drug Free Schools and Communities
Advisory Committee. This section creates a Safe and Drug Free
Schools and Communities Advisory Committee. The Advisory
Committee shall: coordinate Federal drug and violence
prevention programs; develop core data sets and evaluation
programs; provide technical assistance and training; provide
for the diffusion of research-based programs; and review other
regulations and standards developed under this title. The
committee will include representatives from the Department of
Education, the Centers for Disease Control and Prevention, the
National Institute on Drug Abuse, the National Institute on
Alcoholism and Alcohol Abuse, the Center for Substance Abuse
Prevention, the Center for Mental Health Services, the Office
of Juvenile Justice and Delinquency Prevention, the Office of
National Drug Control Policy, and the State and local
government education agency representatives. The Advisory
Committee shall annually consult with State and local
coordinators of school and community-based substance abuse and
violence prevention programs and other interested groups.
Section 4124--Hate Crime Prevention. This section
authorizes the Secretary to make grants to local educational
agencies and community-based organizations for the purpose of
providing assistance to localities most directly affected by
hate crimes. Grants may be used to: (1) develop education and
training programs designed to prevent and reduce the incidences
of crimes motivated by hate; (2) develop curriculum to improve
conflict or dispute resolution skills of students, teachers and
administrators; (3) develop equipment and instructional
materials to meet the needs of hate crime or conflict programs;
and (4) provide professional training and development for
teachers and administrators on the causes, effects, and
resolutions of hate crimes.
Section 4124(b)(2) requires local educational agencies
seeking a grant under this section to submit an application to
the Secretary that includes a request for funds, a description
of the schools and communities to be served by the grants, and
an assurance that the Federal funds will be used to supplement
and not supplant non-Federal funds. Applications shall also
include a comprehensive plan describing the hate crime problems
within the school or community and a description of the program
to be developed or augmented by Federal funds.
Section 4124(c) requires the Secretary, in awarding grants,
to consider the incidence of crimes in the community and should
attempt to achieve an equitable geographic distribution. If
possible, the Secretary shall make available information
regarding successful hate crime prevention programs. Every 2
years, the Secretary shall submit a report to Congress
describing the grants and awards, the activities of grant
recipients, and an evaluation of programs established by this
section.
Subpart 3--General Provisions
Section 4131--Definitions. This section provides the
meanings of certain terms used in this subpart, including,
``community-based organization,'' ``drug and violence
prevention,'' ``hate crime,'' ``nonprofit,'' ``objectively
measurable goals,'' ``protective factor, buffer, or asset,''
``risk factor,'' ``school-aged population,'' and ``school
personnel.''
Section 4132--Materials. This section states that drug
prevention programs supported under part A should convey a
message that the use of drugs and alcohol is illegal and
harmful. In addition, the Secretary may not prescribe the use
of specific curriculum for programs supported under this part,
but may evaluate the effectiveness of the curriculum.
Section 4133--Prohibited Uses of Funds. This section
prohibits the use of funds under part A for construction and
medical services, drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who are
victims or witnesses to crime or who use alcohol or drugs.
Section 4134--Quality Rating. This section encourages
States to establish a standard of quality for drug and alcohol
prevention programs implemented in elementary and secondary
schools and to identify and designate a school that achieves
such standard as a quality program school. The standard shall
address: a comparison of the rate of illegal use of drugs and
alcohol by students; the rate of suspensions or expulsions of
students for offenses; the effectiveness of the prevention
programs; the involvement of parents and community members in
the design of prevention programs; and the extent of review of
existing community prevention programs before implementation of
the public school program. Schools wishing to receive a quality
school program designation shall submit a request to the State
and the State shall create a list of the designated schools for
the public.
Section 402--Gun-Free Requirements. This section amends
title IV by adding the following:
Part B--Gun Possession
Part B retains current law with respect to ``Gun
Possession'' (title XIV, part F), but moves the provisions to
title IV, part B.
Section 4201--Gun-Free Requirements. This section specifies
that this part may be cited as the ``Gun-Free Schools Act of
1994.'' Part B requires States receiving Federal funds under
thisact to have a State law requiring local educational
agencies to expel from school for at least 1 year any student who
brings a weapon to school. This part should not prevent a local
educational agency that has expelled a student from the student's
regular school setting from providing educational services to the
student in an alternative setting. Local educational agencies seeking
assistance from State educational agencies, shall provide to the State
an assurance that such local educational agency is in compliance with
the State law and a description of the circumstances surrounding any
expulsions imposed under the State law. States shall report this
information to the Secretary on an annual basis.
Section 4202--Policy Regarding Criminal Justice System
Referral. This section states that no funds under part B shall
be made available to a local educational agency unless the
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 the agency.
Section 4203--School Safety and Violence Prevention. This
section amends title IV by adding the following new provisions:
Part C--School Safety and Violence Prevention
Section 4301--School Safety and Violence Prevention. This
section states that Federal funds under title IV and VI of this
act may be used for training school personnel to identify
potential threats; to identify troubled youth; to make
comprehensive school security assessments; to purchase metal
detectors, locks, and surveillance cameras; to engage in
collaborative efforts with community-based organizations to
reduce violence; to establish school uniform policies; and to
utilize other innovative programs to reduce school violence.
Section 4302--School Uniforms. This section states that
nothing in this act should be construed to prohibit schools
from establishing a school uniform policy. Funds under title IV
and title VI may be used to establish a school uniform policy.
Section 4303--Transfer of School Disciplinary Records. This
section requires States receiving Federal funds under this act
to assure the Secretary that the State has a procedure in place
by which local educational agencies must transfer the
suspension and expulsion records of any student to any private
or public elementary or secondary school in which that student
seeks enrollment. This requirement does not apply to private
schools.
Section 4304--Disclaimer on Materials Produced, Procured or
Distributed from Funding Authorized by this Act. This section
requires that all materials produced, procured or distributed,
as a result of Federal funding authorized under this act,
contain a statement indicating that it has been made available
at the expense of the Federal Government. The statement must
also indicate that any individual who objects to the material
or to representations made in it is encouraged to contact the
Department of Education. The address of the office at the
Department assigned to receive comments must also be listed.
Every six months, the Secretary is to summarize the comments
received and provide them to appropriate congressional
committees and to the House and Senate leadership.
Section 404--Background Checks. This section amends the
National Child Protection Act of 1993 to specify that
individuals who are employed, or seek employment, with schools
are included in the provisions of that act relating to
background checks.
Section 405--Constitutionality of Memorial Services and
Memorials at Public Schools. This section provides
congressional findings stating that the saying of a prayer, the
reading of a scripture, the performance of religious music, and
the design or construction of any memorial which includes
religious symbols and which is placed on school grounds does
not violate the First Amendment of the Constitution. In
addition, this section ensures that anyone seeking to challenge
such memorials as unconstitutional must pay its own attorney's
fees. The Attorney General of the United States is authorized
to provide assistance to any school district defending the
legality of the memorial service.
Section 406--Environmental Tobacco Smoke. This section
amends title IV by adding the following provision:
Part D--Environmental Tobacco Smoke
The ``environmental tobacco smoke'' provisions currently
contained in title X, part C of the Goals 2000: Educate America
Act have been transferred to this act and are described below.
Section 4401--Short Title. This section specifies that this
part may be cited as the ``Pro-Children Act of 2000.''
Section 4402--Definitions. This section provides the
meanings of certain terms used in Part D, including:
``children,'' ``children's services,'' ``indoor facility,''
``person,'' and ``secretary.''
Section 4403--Nonsmoking Policy for Children's Services.
This section prohibits smoking within any indoor facility owned
or leased or contracted for, and utilized for the provision of
regular or routine kindergarten, elementary or secondary
education or library services to children; or regular or
routine health care or day care or early childhood development
(Head Start services). Any portion of a facility that is used
for inpatient hospital treatment of individuals dependent on,
or addicted to drugs or alcohol and private residences are
exempt from the provision. The prohibitions shall be published
in the Federal Register by the Secretary. Such prohibitions
shall be effective 90 days after such notice is published or
270 days after the enactment of this act, whichever occurs
first. Failure to comply with a prohibition shall be considered
a violation of this act and a civil penalty in an amount not to
exceed $1,000 shall be charged. A civil penalty may be assessed
in a written notice, or an administrative compliance order may
be issued.
Section 4404--Preemption. This section states that nothing
in this part is intended to preempt a provision of a State law
or a political subdivision of a State that is more restrictive
than a provision in this part.
Title V--Educational Opportunity Initiatives
Section 501--Educational Opportunity Initiatives. This
section amends title V and inserts the following new
provisions, renaming title V as ``Educational Opportunity
Initiatives'' and part A as ``Technology Education.''
Section 511--Technology Education. This section amends
``Technology for Education of All Students,'' which is
currently authorized as part A of title III of the act, and
transfers it to part A of title V.
Part A--Technology Education
Section 5111--Statement of Purpose. This section repeals
the congressional findings in current law and states the new
purpose of part A, which is to: provide all classrooms with
educational technology including access to the Internet; ensure
effective use of educational technology through professional
development; improve capability of teachers to implement new
learning experiences using technology; support efforts by State
and local educational agencies to create learning environments
designed to prepare students to achieve State performance
standards; support technical assistance to all relevant
educational agencies; support partnerships among business,
industry, and the education community; support research on the
effective use of classroom technology; encourage collaborative
relationships among State agencies in the area of technology
support in order to ensure that technology is accessible to all
students; ensure that every child is computer-literate by the
end of 8th grade; and support the use of educational technology
to facilitate parental involvement.
Section 5112--Definitions. This section provides the
meanings of certain terms used in this part, including: ``adult
education,'' ``all students,'' ``information infrastructure,''
``instructional programming,'' ``interoperable and
interoperability,'' ``office,'' ``public telecommunications
entity,'' ``regional educational laboratory,'' ``State
educational agency,'' ``State library administrative agency,''
and ``technology.''
Section 5113--Authorization of Appropriations. This section
authorizes an increase in funding to $815 million for fiscal
year 2001 and ``such sums as necessary'' for the 4 succeeding
fiscal years to carry out subparts 1, 2, and 3. Of that amount,
$5 million is available for Federal leadership activities
(subpart 1) and $10 million for the Regional Technology in
Education Consortia (subpart 3) in fiscal year 2001, not to
exceed 0.5 percent of total appropriations in the remaining
fiscal years. For any remaining funds, 70 percent shall be
available for the Technology Literacy Fund (formula program to
States) and 30 percent for Technology Innovation Grants
(competitive grant). This new section ensures that the formula
grant programs to States will not receive less than it did in
fiscal year 2000.
Section 5114--Limitation on Costs. This section restricts
the use of funds for administrative costs to less than 5
percent of total funding.
Subpart 1--National Programs for Technology in Education
Section 5121--National Long-Range Technology Plan. This
section amends section 3121 of the act to require the Secretary
to update, publish, and disseminate not later than 12 months
after the date of enactment of the Educational Opportunities
Act, the national long-range plan that supports the overall
national technology policy.
Section 5121(c) amends section 3121(c) of the act by adding
two new activities for the Secretary to undertake in order to
promote the purposes of title V. The new activities include:
(1) how the Secretary will promote the full integration of
technology into learning, including the creation of new
instructional opportunities through access to challenging
courses and information that would otherwise not have been
available, and independent learning opportunities for students
through technology; and (2) how the Secretary will encourage
the creation of opportunities for teachers to develop through
the use of technology, their own networks and resources for
sustained and intensive, high quality professional development.
Section 5122--Federal Leadership. This section amends
section 3122 of the act by requiring the Secretary to consult
with the White House Office of Science and Technology, instead
of the United States National Commission on Libraries and
Information Sciences, in order to provide Federal leadership in
promoting the use of technology in education.
Section 5122(b) amends section 3122(b) of the act by
deleting the language which requires the Secretary to provide
assistance to States in effectively using technology in the
classroom in accordance with the purpose and requirements of
the Goals 2000: Educate American Act. The new language simply
requires the Secretary to provide assistance to the States to
enable such States to plan effectively for the use of
technology in all schools throughout the State.
Subpart 2--State and Local Programs for School Technology
Resources
Section 5131--Allotment and Reallotment. This section
amends section 3131 of the act by adding a provision to require
the Secretary to reserve an amount equal to one-half of 1
percent of the amount available to carry out section 5132 for
each fiscal year to provide grants to outlying areas in amounts
that are based on the relative needs of such areas in
accordance with the purposes of section 5132.
Section 5132--Technology Literacy Fund. This section
authorizes the Secretary, through the Office of Educational
Technology, to award grants to State educational agencies with
approved applications. Grant funds shall be used to award
grants to local educational agencies to enable them to carry
out various education technology activities. Grants shall be
targeted toward local educational agencies with the highest
rates of poverty and the greatest need for technical
assistance.
Section 5133--State Application. This section requires
State educational agenciesseeking funds under Subpart 2 to
submit a statewide educational technology plan to the Secretary. The
criteria for the statewide plan remains the same as current law, except
for a new provision requesting the submission of the State educational
agency's specific goals for using advanced technologies to improve
student achievement and performance to challenging State academic
content and performance standards.
Section 5134--Local Uses of Funds. This section describes
the various initiatives in which funds provided through grants
from State educational agencies shall be used by local
educational agencies. The initiatives remain the same except
for a few additions, including: (1) adapting or expanding
existing and new applications of technology to enable teachers
to help students achieve to challenging State academic content
and student performance standards through the use of research-
based teaching practices and advanced technologies; (2)
carrying out programs that prepare prospective teachers to use
advanced technology to foster learning environments conducive
to preparing all students to achieve challenging State and
local content and student performance standards through the use
of various models including school-based professional
development; (3) supporting in-school and school-community
collaboration to make more effective and efficient use of
existing investments in technology; (4) utilizing technology to
develop or expand efforts to connect schools and teachers with
parents to promote parental involvement and increase
communication about curriculum, assignments, and assessments;
(5) providing support to help parents understand the technology
being applied in their children's education so that parents
will reinforce their children's learning; (6) using web-based
learning resources; and (7) providing education technology for
advanced placement instruction.
Section 5135--Local Applications. This section requires
local educational agencies seeking assistance from a State
educational agency to submit an application consistent with the
objectives of the systemic statewide plan. The requirements of
the application are the same as those in current law, except
for an update to current references and a few additions to the
list of application requirements. The additional requirements
include: a description of how parents will be informed of the
use of technologies so that parents can reinforce at home the
instruction their children receive in school; a description of
how the local educational agency will improve parental
involvement in schools; a description of how the consortia of
schools will develop or redesign teacher preparation programs
to enable prospective teachers to use technology effectively in
their classroom; and a description of how the local educational
agency will effectively use technology to promote parental
involvement and increase communication with parents.
Section 5136--National Technology Innovation Grants. This
section authorizes the Secretary to award grants to a consortia
containing 1 local educational agency with a high number of
children living below the poverty line. This new section amends
section 3136 of the act by allowing the Secretary to award
``continuation'' grants to entities receiving grants under the
Preparing Tomorrow's Teachers to Use Technology Program. This
section also amends current law to enhance parental involvement
and use education technology for advanced placement
instruction. In addition, this new section allows members of
the consortium of schools to serve as fiscal agents for the
consortium.
Section 5137--Federal Administration. This section requires
the Secretary to develop procedures for State and local
evaluations of the programs under Subpart 2. This new section
amends section 3137 of the act by requiring the Secretary to
submit to Congress an evaluation of the State and local
outcomes of the technology literacy challenge funds program and
of the technology innovations challenge grant program, no later
than 3 years after the enactment of this title; and to submit
to Congress a summary of the State evaluations of programs
under Subpart 2, no later than 2 years after the enactment of
this title.
Subpart 3--Regional Technical Support and Professional
Development
Section 5141--Regional Technical Support and Professional
Development. This section authorizes the Secretary, through the
Office of Educational Technology, to make grants to regional
entities, ensuring that each geographic region of the United
States is served by a consortium. Each consortium receiving a
grant shall provide technical assistance and professional
development to local educational agencies and schools to
increase and improve education technology information. This new
section also requires entities receiving grants under this
section to prepare and submit to the Secretary a report
concerning activities undertaken with grant funds, no later
than 3 months after the enactment of this title.
Unfunded programs including ``Product Development,''
currently Subpart 4 of title III, part A and ``Elementary
Mathematics and Science Equipment Program,'' currently title
III, part E are eliminated.
Section 522--Star Schools. This section amends ``Star
Schools Program,'' which is currently authorized as part B of
title III of the act, and transfers it to part B of title V.
Part B--Star Schools
Section 5201--Short Title. This section states that the
short title of part B is the ``Star Schools Act.''
Section 5202--Purpose. This section states that the purpose
is to encourage improved instruction in mathematics, science,
and foreign languages and challenging and advanced courses to
serve underserved populations, through a Star Schools program
under which grants are made to eligible telecommunications
partnerships, to enable partnerships to develop
telecommunications facilities, and equipment in order to
promote educational instructional programming.
Section 5203--Grants Authorized. This section authorizes
the Secretary, through the Office of Educational Technology, to
make grants to eligible entities to pay the Federal share of
the cost of the development of interactive instructional
programming and web-based teacher training. The section
authorizes a funding level of $50 million for fiscal year 2001
and ``such sums as necessary'' for the 4 succeeding fiscal
years.
Section 5203(i) authorizes the Advanced Placement
Instruction program, to encourage entities receiving funds
under part B to provide advanced placement instruction to
underserved communities.
Section 5204--Eligible Entities. This section authorizes
the Secretary to make grants to any eligible entity, if at
least one local educational agency is participating in the
project. This section defines an eligible entity for the
purposes of this section and amends provisions of current law
to update references. Other provisions of current law are
maintained.
Section 5205--Applications. This section requires eligible
entities seeking a grant under this section to submit an
application to the Secretary. Requirements of the application
and those projects receiving priority are described. Other
provisions of current law are maintained.
Section 5206--Definitions. This section provides the
meanings for certain terms used in this part, including
``educational institution,'' ``instructional programming,'' and
``public broadcasting entity.'' Other provisions of current law
are maintained.
Section 5207--Administrative Provisions. This section
provides guidelines for entities to apply for a second grant
and provides that the Secretary may assist grant recipients in
acquiring transmissions technologies. Other provisions of
current law are maintained.
Section 5208--Other Assistance. This section provides that
the Secretary may make grants to State and local
telecommunication networks. The new section authorizes the
Secretary to provide grants to eligible entities for continuing
education. Other provisions of current law are maintained.
Section 531--Magnet Schools Assistance. This section amends
``Magnet Schools Assistance,'' which is currently authorized as
part A of title V of the act, and transfers it to part C of
title V.
Part C--Magnet Schools Assistance
Section 5301--Findings and Statement of Purpose. This
section provides congressional findings and the purpose of this
part which is to assist in the desegregation of schools served
by local educational agencies by providing financial assistance
to: (1) eliminate, reduce, or prevent minority group isolation;
(2) promote systemic reform efforts; (3) develop innovative
educational methods and practices; (4) develop courses of
instruction which strengthen knowledge of academic subjects and
marketable skills; (5) improve capacity of magnet schools to
operate after Federal funding is terminated; and (6) ensure
that magnet schools students have equitable access to the
education necessary to succeed.
Section 5302--Program Authorized. This section authorizes
the Secretary to make grants to local educational agencies for
magnet schools.
Section 5303--Definition. This section defines the term
``magnet school.''
Section 5304--Eligibility. This section defines eligibility
standards for the receipt of magnet school grants.
Section 5305--Applications and Requirements. This section
requires a local educational agency seeking assistance under
this part to submit an application to the Secretary. This
section also includes a description of the requirements of the
application.
Section 5305(b)(2)(E) amends current law to provide
equitable consideration for students in the local attendance
area, consistent with desegregation guidelines and the capacity
of the program to accommodate these students. Other provisions
of current law are maintained.
Section 5306--Priority. This section provides guidelines
for the prioritization of applicants by the Secretary. This
section amends current law by giving priority to applicants
that propose activities to build local capacity to operate the
program once Federal assistance has ended. Other provisions of
current law are maintained.
Section 5307--Use of Funds. This section specifies the
allowable uses of grant funds. This new section amends current
law to: allow grant recipients to use funds for professional
development in order to facilitate self-sufficiency after
Federal assistance has ended; offer the flexibility of a magnet
school program in order to serve local students not enrolled in
a magnet school program; and enable the local educational
agency to have flexibility in designing magnet schools for
students of all grades. Other provisions of current law are
maintained.
Section 5308--Prohibition. This section prohibits the use
of funds for transportation or any activity that does not
augment academic improvement.
Section 5309--Limitations. This section provides for the
duration of awards, limits on planning funds, and amount and
timing of awards. This section increases the percentage of
funds which may be expended for planning in the second and
third years to 25 and 15 percent respectively. This section
also clarifies that professional development is not planning.
Section 5310--Innovative Programs. This section authorizes
the Secretary to award grants to local educational agencies to
conduct innovative programs that involve strategies other than
magnet schools to achieve desegregation goals and assist
students in meeting State and local standards. This section
amends provisions of current law to update references. Other
provisions of current law are maintained.
Section 5311--Evaluations. This section provides guidelines
for evaluations of projects under this part and for technical
assistance for grant recipients. This new section amends
current law to provide that evaluations shall address how
magnet school programs will continue once assistance under this
part has ended. This section also amends current law to require
the Secretary to collect and disseminate information to the
public on successful magnet school programs. Finally, this
section amends provisions of current law to update references.
Other provisions of current law are maintained.
Section 5312--Authorization of Appropriations; Reservation.
This section authorizes a funding level of $125 million for
fiscal year 2001 and ``such sums as may be necessary'' for the
4 succeeding fiscal years. Other provisions of current law are
maintained.
Part D Public--Charter Schools
Section 541--Public Charter Schools. This section amends
``Public Charter Schools,'' which is currently authorized as
part C of title X of the act, and transfers it to part D of
title V. This section amends ``Public Charter Schools'' to: (1)
eliminate the congressional findings and the purposes of this
part; (2) increase the funding level to $175 million for fiscal
year 2001; and (3) make minor drafting changes for purposes of
clarification and consistency. Other provisions of current law
are maintained.
Part E--Women's Educational Equity
Section 521 of the bill amends the Women's Educational
Equity Act (WEEA), which is currently authorized as Part B of
title V of the act, and transfers it to part E of title V.
Section 521 amends WEEA to: (1) eliminate the statement of
findings; (2) make minor drafting changes for purposes of
clarification and consistency; (3) change the reference to
``the National Education Goals'' to ``America's Education
Goals''; (4) delete an obsolete reference to the School-to-Work
Opportunities Act of 1994; (5) update deadlines for issuance of
reports by the Secretary dealing with the status of educational
equity for girls and women (due January 1, 2004) and with
evaluation materials and programs (due January 1, 2004); (6)
authorize $5 million for fiscal year 2001 and ``such sums as
may be necessary'' for the 4 succeeding fiscal years to carry
out this part; and (7) delete provisions providing that two-
thirds of the funds are to be used to support the development
and implementation of equity programs.
Section 551 of the bill amends title V of the act to add 5
additional parts to the title. Each of these additional parts
includes amended versions of programs authorized under current
law. Part F (Civic Education) includes programs currently
authorized under part F of title X (Civic Education) and under
title VI of Goals 2000: Educate America Act (International
Education Exchange Program). Part G (Fund for the Improvement
of Education) is currently authorized under part A of title X
of the act. Part H (Allen J. Ellender Fellowship Program) is
currently authorized under part G of title X of the act. Part I
(Ready-to-Learn Television) is currently authorized under part
C of title III of the act. Part J (Inexpensive Book
Distribution) is currently authorized under part E of title X
of the act.
Part F--Civic Education
New Section 5601--Short Title. This section provides that
the short title of part F is the ``Education for Democracy
Act''.
New Section 5602--The Study of the Declaration of
Independence, United States Constitution, and the Federalist
Papers. This section includes sense-of-the-Congress
languagethat students should be encouraged to study the Declaration of
Independence, the Constitution, and the Federalist Papers.
New Section 5603--Purpose. This section states that the
purpose of the part is to: improve the quality of civics and
government education; foster civic competence and
responsibility; and improve the quality of civic and economic
education through cooperative exchanges with other democracies.
New Section 5604--General Authority. This section provides
that the Secretary is authorized to award grants or contracts
to the Center for Civic Education, the National Council on
Economic Education, or other nonprofit educational
organizations to carry out this part.
New Section 5605--We The People Program. This section
provides authority for 2 domestic programs: (1) The Citizen and
the Constitution and (2) Project Citizen. Both programs are to
be made available to public and private schools in all 435
congressional districts, all 50 States, Bureau of Indian
Affairs schools, the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Northern Mariana Islands.
New section 5605(a) authorizes the Citizen and the
Constitution program, which is to provide: a course of
instruction on the principles of our Nation's constitutional
democracy and on the history of the United States Constitution
and the Bill of Rights; simulated Congressional hearings; an
annual national competition for secondary schools students
wishing to participate in such a program; advanced teacher
training; and civic education materials and services to address
specific problems such as school violence and the abuse of
drugs and alcohol.
New section 5605(b) authorizes the Project Citizen program,
which is to provide: a course of instruction at the middle
school level on the roles of State and local governments in the
Federal system; optional simulated State legislative hearings;
an annual showcase or competition; advanced teacher training;
materials and services to address problems such as school
violence and the abuse of drugs and alcohol.
New Section 5606--Civic Education and Economic Education
Exchange Programs. This section updates and makes minor changes
to the existing cooperative education exchange programs in
civics and government education and economics education
authorized under title VI of Goals 2000: Educate America Act.
The purpose of these programs is to provide to eligible
countries cooperative education exchange programs in both
civics and government education and economics education.
Program activities include: (1) seminars on the major
governmental and economic institutions and systems in the
United States, including visits to such institutions; (2)
visits to schools systems, institutions of higher education,
and organizations conducting exemplary programs; (3)
development of relevant materials on eligible countries for use
in U.S. classrooms; (4) translations and adaptations of
materials; and (5) research and evaluation. In administering
the program, the Secretary of Education is to consult with the
Secretary of State to ensure that the activities do not
duplicate other efforts in the eligible countries and to ensure
that partner institutions in the eligible countries are
creditable. Eligible countries include any Central or Eastern
European country, Lithuania, Latvia, Estonia, any independent
State of the former Soviet Union, and may include Northern
Ireland, the Republic of Ireland, and any developing country as
so defined in the Education of the Deaf Act.
New Section 5607--Authorization of Appropriations. This
section authorizes $10 million for fiscal year 2001 for each
component (domestic and international) and ``such sums as may
be necessary'' for the 4 succeeding fiscal years.
Part G--Fund for the Improvement of Education
The new part G of the bill reauthorizes and makes
substantial revision in the Fund for the Improvement of
Education (FIE), which is currently authorized as part A of
title X. The Comprehensive School Reform Program currently
funded under FIE is transferred to title I, and the lengthy
list of permissive uses of funds included in current law is
deleted.
New Section 5701--Fund for the Improvement of Education.
This section authorizes the Secretary to award competitive
grants to support nationally significant programs to improve
the quality of elementary and secondary education. Funds may be
used for the character education, scholar-athlete competitions,
school counseling, smaller learning communities, and mock
election programs specifically authorized in part G--as well as
for the identification and recognition of exemplary schools and
programs and for the development and evaluation of model
strategies for professional development for teachers and
administrators. A funding level of $100 million is authorized
for fiscal year 2001 and ``such sums as may be necessary'' for
the 4 succeeding fiscal years.
New Section 5702--Partnerships in Character Education
Program. This section authorizes the Secretary to award grants
to implement character education programs incorporating the
elements of caring, civic virtue and citizenship, justice and
fairness, respect, responsibility, and trustworthiness. The new
section amends provisions of current law to: (1) expand the
pool of eligible applicants (which are currently limited to
State educational agencies in partnership with local
educational agencies); (2) strike language restricting a State
educational agency to no more than $1 million in character
education grants; (3) reduce the grant duration period from 5
years to 3 years; (4) revise the application provisions to
reflect the expanded array of eligible applicants and to place
greater emphasis on program objectives, evaluation, community
outreach, and links to student performance; (5) revise the
evaluation and program development provisions to reflect the
expanded array of eligible applications; (6) include new
provisions regarding national research, evaluation, and
dissemination--for which up to 5 percent of the funds available
for character education may be used and for which the Secretary
may enter into partnerships with national, nonprofit character
education organizations with expertise in implementing local
programs; (7) revise the use of funds provisions to reflect the
addition of eligible applicants; (8) provide that State
educational agency recipients may use up to 10 percent of funds
for administrative purposes and specify the activities for
which the remaining 90 percent of funds may be used; (9) revise
the selection of grantees provisions to reflect the expanded
arrayof eligible applicants and to place greater emphasis on
community outreach and links to student performance; and (10) add new
provisions dealing with the participation of private school students
and teachers.
New Section 5703--Promoting Scholar-Athlete Competitions.
This section authorizes the Secretary to award a grant to a
nonprofit organization for the purpose of conducting scholar-
athlete games. The new section amends provisions of current law
to update references. Other provisions of current law are
maintained.
New Section 5704--Elementary School Counseling
Demonstration. This section authorizes the Secretary to award
grants to establish or expand elementary school counseling
programs. The new section amends provisions of current law to
update the definitions of ``school psychologist'' and ``school
social worker''. Other provisions of current law are
maintained.
New Section 5705--Smaller Learning Communities. This
section authorizes the Secretary to award grants to local
educational agencies to assist in the establishment of smaller
learning communities. The new section amends provisions of
current law to: (1) expand the pool of eligible applicants to
include not only local educational agencies but also an
elementary or secondary school, a Bureau funded school, or any
of these entities in partnership with other public agencies or
private nonprofit organizations; (2) make technical and
conforming changes; and (3) add new provisions requiring
recipients to submit an annual report to the Secretary which
describes the use of grant funds and evidence of the impact of
the grant on student performance and school safety. Other
provisions of current law are maintained.
New Section 5706--National Student and Parent Mock
Election. This section authorizes the Secretary to award grants
to national nonprofit, nonpartisan organizations that work to
promote voter participation in elections. The new section
amends provisions of current law to: (1) expand participation
by including students and parents from the Territories,
Department of Defense Dependent schools, and other
international locales where Americans are based; and (2)
require that all votes be recorded at least 5 days prior to the
date of the general election. Other provisions of current law
are maintained.
Part H--Allen J. Ellender Fellowship Program
The new part H of the bill reauthorizes the Allen J.
Ellender Fellowship Program currently authorized under part G
of title X of the act. The program is amended to delete the
findings and substitute a statement of purpose for the program
and to authorize funds for fiscal years 2001 through 2005.
Other provisions of current law are maintained.
New Section 5801--Purpose. This section provides that the
purpose of the program is to provide fellowships to low-income
students, recent immigrants, students of migrant parents and
the teachers who work with them, as well as older Americans, to
participate in Close Up Foundation programs.
Subpart 1--Programs for Middle and Secondary School
Students
New section 5811--Establishment. This section authorizes
the Secretary to make grants to the Close Up Foundation to make
financial aid available to low-income middle and secondary
school students to allow them to participate in programs to
increase their understanding of the Federal Government.
New section 5812--Applications. This section provides that
applications for grants under subpart 1 contain assurances that
funds will be used to assist economically disadvantaged middle
and secondary school students, to assure the participation of
students from both rural and urban areas, and to give special
consideration to students with special educational needs.
Subpart 2--Program for Middle and Secondary School Teachers
New Section 5821--Establishment. This section authorizes
the Secretary to make grants to the Close Up Foundation to make
financial aid available to middle and secondary school teachers
for enhancement of teaching skills.
New section 5812--Applications. This section provides that
applications for grants under subpart 2 contain assurances that
funds will be used to assist teachers who work with a student
or students participating in the programs authorized under
subpart 1 and that no more than 1 teacher in each participating
school receives a fellowship in any fiscal year.
Subpart 3--Programs for Recent Immigrants, Students of
Migrant Parents and Older Americans
New Section 5831--Establishment. This section authorizes
the Secretary to make grants to the Close Up Foundation to make
financial aid available to low-income older Americans, recent
immigrants, and students of migrant parents to allow them to
participate in programs to increase their understanding of the
Federal Government.
New section 5832--Applications. This section provides that
applications for grants under subpart 3 contain assurances that
funds will be used to assist economically disadvantaged older
Americans, recent immigrants, and students of migrant parents;
to assure the participation of these individuals from both
rural and urban areas; and to give special consideration to
those with special needs.
Subpart 4--General Provisions
New section 5841--Administrative Provisions. This section
provides for audits by the Comptroller General.
New section 5842--Authorization of Appropriations. This
section authorizes $1.5 million for fiscal year 2001 and ``such
sums as may be necessary'' for the 4 succeeding fiscal years.
No more than 30 percent of the funds may be used for financial
aid to teachers.
Part I--Ready-To-Learn Television
Section 5901--Ready-To-Learn. This section authorizes the
Secretary to award grants to eligible entities to develop,
produce and distribute educational and instructional video
programming for preschool and elementary school children and
their parents, and to make them available to as wide an
audience as possible. This section amends provisions of current
law to update references.
Section 5902--Educational Programming. This section
authorizes the Secretary to award grants to eligible entities
to facilitate the development of educational programming for
preschool and elementary school children, and defines an
eligible entity. This section amends current law by awarding
grants to entities to develop programming for distribution over
the Internet.
Section 5902(b)(1) removes the provision that an entity
shall be a nonprofit organization.
Section 5903--Duties of Secretary. This section authorizes
the Secretary to award grants to: address the learning needs of
young children in limited English proficient households;
develop materials to increase family literacy skills; support
programs that promote school readiness; develop training
materials adaptable to distance learning technologies; and
establish a clearinghouse of information, reference materials,
and programming.
Section 5904--Applications. This section requires each
entity seeking a grant under this part to submit an application
to the Secretary. The application shall include such
information as the Secretary may require.
Section 5905--Reports and Evaluation. This section requires
eligible entities to submit an annual report to the Secretary
and details minimum content of the report. This section also
instructs the Secretary to submit a biannual report to
Congress. In addition, this section amends provisions of
current law to update references.
Section 5906--Administrative Costs. This section limits to
5 percent the use of grant funding for administrative costs.
Section 5907--Definition. This section defines the term
``distance learning'' for the purposes of this part.
Section 5908--Authorization of Appropriations. This section
authorizes an increase in funding from the current $16 million
to $50 million for fiscal year 2001 and ``such sums as may be
necessary'' for the 4 succeeding fiscal years. This section
repeals the requirement in current law that 10 percent of the
funds be allocated for innovative programs that promote school
readiness.
Part J--Inexpensive Book Distribution Program
Section 5951--Inexpensive Book Distribution Program for
Reading Motivation. This section authorizes the Secretary to
enter into a contract with the ``Reading is Fundamental''
program designed to enhance distribution of inexpensive books
in order to motivate children to read. This section details
requirements of ``Reading is Fundamental'' program contracts.
In addition, a funding level of $25 million is appropriated for
fiscal year 2001 and ``such sums as may be necessary'' for the
4 succeeding fiscal years.
Title VI--Innovative Education
Section 601 of the bill rewrites title VI of the act. Under
the bill, title VI contains 8 parts. Part A (Innovative
Education Program Strategies) includes the programs and
activities authorized under title VI of the current law. Part B
(Rural Flexibility) is a new initiative which is designed to
provide adequate funding to rural school districts for
improving student performance. Part C (Education Flexibility
Partnerships) incorporates the Education Flexibility
Partnership Act, which was signed into law in 1999 as a free-
standing bill, into the Elementary and Secondary Education Act.
Part D (Flexibility in the Use of Administrative and Other
Funds) includes the provisions of part B of title XIV of the
current law. Part E (Coordination of Programs; Consolidated
State and Local Plans and Applications) includes the provisions
of part C of title XIV of the current law. Part F (Waivers)
includes the provisions of part D of title XIV of the current
law. Part G (Education Performance Partnerships) is a new
initiative which is designed to give States the opportunity to
combine federal education formula grant funds in ways which
will increase the academic achievement of their students. Part
H (Academic Achievement for All Demonstration) is another new
State flexibility initiative which will provide up to 15 States
with broad authority to combine federal education formula grant
funds in exchange for improving the performance of all
students.
Part A--Innovative Education Program Strategies
Title VI, part A makes modifications to the current law and
includes the following provisions:
Section 6101--Purpose; State and Local Responsibility.
Section 6101(a) lists the purposes for title VI which are: to
support local and state education reform efforts; to provide a
continuing source of innovation and educational improvement,
including support for library services and instructional and
media materials; and to develop education programs to improve
school, student, and teacher performance including professional
development and class size reduction programs.
Section 6101(b) specifies that the administration of these
funds are the responsibility of the State educational agencies
and the responsibility for design and implementation of the
programs rests primarily with local educational agencies.
Section 6102--Authorization of Appropriations; Duration of
Assistance. Section 6102(a) authorizes $850 million for fiscal
year 2001 and such sums for fiscal years 2002 through 2005.
Section 6102(b) authorizes the Secretary to make payments
to State educational agencies in accordance with the purposes
described under section 6101(a).
Section 6103--Definition of Effective Schools Program.
Section 6103 describes an effective schools program as:
promoting school-level planning; instructional improvement; and
staff development for all personnel; and increasing academic
performance for all children.
Subpart 1--State and Local Programs
Section 6111--Allotment to States. Section 6111(a)
specifies the percentage of funds reserved for the outlying
areas for title VI activities.
Section 6111(b) establishes the State allotment formula.
Section 6111(c) defines school-age population and State as
they apply to State allotment.
Section 6112--Allocation to Local educational agencies.
Section 6112(a) describes the allocation of funds to local
educational agencies.
Section 6112(b) describes the calculation of enrollments.
Section 6112(c) specifies the distribution of funds from
the State educational agency to the local educational agency.
Subpart 2--State Programs
Section 6121--State Use of Funds. Section 6121(a)
authorizes the State educational agency activities which
include: State administration; support for planning and
implementing charter schools; support for designing and
implementing student assessments; support for State and local
standards implementation; and technical assistance.
Section 6121(b) specifies the amount of funds available for
State administration.
Section 6122--State Applications. Section 6122(a) specifies
the State application requirements.
Section 6122(b) specifies that the State application is for
a period of 3 years and may be amended annually.
Section 6122(c) specifies that a local educational agency
that receives less than an average of $10,000 under this part,
for 3 years will not be audited more than once every 5 years.
Subpart 3--Local Innovative Education Programs
Section 6131--Targeted Use of Funds. Section 6131(a)
establishes that local educational agencies shall use the funds
awarded under title VI, part A, for innovative assistance.
Section 6131(b) describes an array of activities, programs,
and initiatives that may be used for innovative assistance.
These include: programs for the acquisition of instructional
and educational materials (such as library services, media
materials, and assessments); professional development programs;
activities designed to advance student performance; parental
involvement initiatives; programs to reduce class size;
programs to improve academic performance of educationally
disadvantaged students; expansion of best practice models;
literacy programs; technology activities; school improvement
programs; activities for gifted and talented students; programs
to provide same gender schools or classrooms; service learning
programs; and school safety programs. All activities shall be:
tied to promoting high academic standards; used to improve
student performance; and part of an overall education reform
strategy.
Section 6132--Administrative Authority. Section 6132 allows
a State educational agency or a local educational agency to
enter into grants or contracts with higher education
institutions, libraries, museums, and public and private
nonprofit entities.
Section 6133--Local Application. Section 6133(a) specifies
the contents of a local educational agency application.
Section 6133(b) specifies that the local educational agency
application shall be for a period of 3 years and may be amended
annually.
Section 6133(c) gives the local educational agency complete
discretion in determining how funds are expended at the local
level.
Subpart 4--General Administrative Provisions
Section 6141--Maintenance of Effort; Federal Funds
Supplementary. Section 6141(a) describes maintenance of effort
requirements.
Section 6141(b) specifies that a State or local educational
agency may only use funds received under title VI, part A, to
supplement (not supplant) other funding sources.
Section 6142--Participation of Children Enrolled in Private
Schools. Section 6142(a) specifies that State education
agencies shall provide benefit for children enrolled in private
schools with the title VI, part A program.
Section 6142(b) describes expenditures of title VI, part A,
funds for children enrolled in private schools.
Section 6142(c) requires that the funds provided under this
part must be controlled by a public agency and that public
agency employees must provide the services.
Sections 6142(d) through (i) describes the arrangement for
provision of services to private school children if a State or
local educational agency, through either State or local law, is
prohibited from providing title VI, part A, services.
Section 6143--Federal Administration. Section 6143(a)
requires the Secretary, upon request, to provide technical
assistance to State and local educational agencies.
Section 6143(b) gives the Secretary authority to issue
regulations.
Section 6143(c) requires that funds become available on
July 1 of each fiscal year.
Part B--Rural Education Initiative
Part B of title VI establishes a new rural education
initiative known as the ``Rural Education Achievement
Program.''
New section 6202 of title VI states the purpose of the part
is to address the unique needs of rural school districts which
frequently lack the personnel and resources needed to compete
for Federal competitive grants and frequently receive formula
allocations in amounts too small to be effective in meeting
their intended purposes.
New section 6203 authorizes $125 million for fiscal year
2001 and such sums as may be necessary for each of the four
succeeding years. $62.5 million of this amount is targeted
during fiscal year 2001 toward subpart 1.
New section 6211 authorizes rural educational agencies with
an average daily attendance of 600 students or fewer to
consolidate the funds they receive under Titles II, IV, and VI
of the Elementary and Secondary Education Act. These funds may
be used to improve student achievement in accordance with the
provisions of part A of title VI.
New section 6212 authorizes the Secretary to award grants
to small rural educational agencies to carry out innovative
assistance activities. The grant will be equal to $100
multiplied by the total number of students in excess of 50
students that are in average daily attendance. No grant may be
less than $20,000 or more than $60,000.
New section 6213 requires that each participating
educational agency must administer an assessment, consistent
with the assessment used pursuant to section 1111(b) of the
Elementary and Secondary Education Act, to assess the academic
achievement of students in schools served by the local
educational agency. At the end of 5 years of participation in
this program, the state educational agency shall determine
whether students served by the participating local educational
agency have improved their performance on the assessments. If
student achievement has not improved, the local educational
agency may no longer participate in the program.
New section 6214 provides for ratable reductions in case of
insufficient appropriations.
New section 6221 provides definitions for use in Subpart 2
of Part B of Title VI which provides funding for the Low-Income
and Rural School Program.
New section 6222 authorizes the Secretary of Education to
make grants to state educational agencies that are located in
rural communities and that have student populations of which 20
percent or more come from families with incomes below the
poverty line.
New section 6223 describes the authorized uses of funds and
provides that the state educational agency may distribute funds
to local educational agencies on a competitive basis or on the
basis of a formula based on the number of students in average
daily attendance at the eligible local educational agency.
New section 6224 requires each state educational agency or
local educational agency in a non-participating state to submit
an application to the Secretary of Education. The application
shall, at a minimum, include measurable goals and objectives,
including specific goals and objectives relating to increased
student academic achievement, decreased student drop out rates.
New section 6225 requires each state educational agency to
prepare and submit to the Secretary an annual report that
describes the method that funds were distributed to local
educational agencies, how the funds were used by these
agencies, and the degree to which the State made progress
toward meeting the goals and objectives described in the
application. The section also provides that a participating
local educational agency that receives a grant under this
subpart may not continue to participate if after five years it
has not improved student academic achievement.
New section 6226 provides that funds shall be used to
supplement and not supplant other Federal, State, or local
education funds.
New section 6227 provides that no local educational agency
may concurrently participate in both subpart I and subpart II.
Part C--Education Flexibility Partnerships
Section 6301--Short Title. Section 6301 cites part C as the
Education Flexibility Partnership Act of 2000.
Section 6302--Definitions. Section 6302 defines eligible
school attendance area, school attendance area, and State.
These definitions apply to title VI, part C.
Section 6303--Education Flexibility Partnership. Section
6303(a) establishes the Educational Flexibility (Ed-Flex)
Program.
Section 6303(b) describes the programs that are included
under Ed-Flex.
Section 6303(c) describes waivers that are not authorized
under Ed-Flex.
Section 6303(d) describes the treatment of existing Ed-Flex
Partnership States.
Section 6303(e) requires the Secretary to publish a notice
in the Federal Register which describes the Secretary's
decision to authorize State educational agencies to issue
waivers.
Part D--Flexibility in the Use of Administrative and Other Funds
Section 6401--Consolidation of State Administrative Funds
for Elementary and Secondary Education Programs. Section
6401(a) establishes the process for a State educational agency
to consolidate administrative funds if the State educational
agency chooses the consolidation process.
Section 6401(b) establishes that a State educational agency
may use consolidated administrative funds for activities that:
strengthen coordination of programs; disseminate model programs
and practices; and provide technical assistance.
Section 6401(c) provides for consolidated recordkeeping for
State educational agencies that consolidate administrative
funds.
Section 6401(d) requires the Secretary to review State
educational agencies that consolidate administrative funds.
Section 6401(e) enables a State educational agency that
does not use all of its administrative funds to use those
remaining funds for program activities.
Section 6401(f) gives a State educational agency the
ability to consolidate funds for standards and assessment
development as described under title I of this Act.
Section 6402--Single Local Educational Agency States.
Section 6402 requires a State educational agency that also
serves as a local educational agency to describe how
duplication of administrative functions will be eliminated.
Section 6403--Consolidation of Funds for Local
Administration. Section 6403(a) establishes that a local
educational agency may consolidate administrative funds.
Section 6403(b) requires the State educational agency to
establish procedures for responding to requests from local
educational agencies to consolidate administrative funds.
Section 6403(c) specifies the conditions for a local
educational agency to consolidate administrative funds.
Section 6403(d) describes the use of administrative funds
for a local educational agency that chooses to consolidate
administrative funds.
Section 6403(e) provides for consolidated recordkeeping for
local educational agencies that consolidate administrative
funds.
Section 6404--Administrative Funds Evaluation. Section
6404(a) requires the Secretary to conduct an evaluation of
State and local uses of administrative funds for programs
covered under this act.
Section 6405--Consolidated Set-Aside for Department of the
Interior Funds. Section 6405 establishes a transfer of funds
mechanism to the Department of Interior for those consolidated
funds pertaining to part A of title 9 and to subtitle B of
title 7 of the Stewart B. McKinney Homeless Assistance Act.
Section 6406--Availability of Unneeded Program Funds.
Section 6406(a) allows a local educational agency to transfer
not more than 5 percent of a program's unused funds to another
program.
Section 6406(b) enables a local educational agency, school,
or consortium of schools to use not more than 5 percent of
total funds for a coordinated services project.
Part E--Coordination of Programs; Consolidated State and Local Plans
and Applications
Section 6501--Purpose. Section 6501 describes the purpose
for coordinating and consolidating State and local plans and
applications.
Section 6502--Optional Consolidated State Plans or
Applications. Section 6502(a) establishes the authority for
compiling consolidated State plans or applications.
Section 6502(b) requires the Secretary to collaborate with
State educational agencies, local educational agencies, public
and private entities, parents, students, and teachers to
establish criteria and procedures for consolidated planning.
Section 6503 General Applicability of State Educational
Agency Assurances. Section 6503(a) requires a State educational
agency that submits a consolidated plan to have on file with
the Secretary a single set of assurances that are applicable to
each programs.
Section 6503(b) establishes that section 441 of the General
Education Provisions Act does not apply to part E of title VI.
Section 6504--Additional Coordination. Section 6504(a)
directs the Secretary to seek coordination of programs with
other members of the Cabinet for the purpose of enhancing
coordination and reducing administrative burdens.
Section 6505--Consolidated Local Plans or Applications.
Section 6505(a) enables a local educational agency to submit a
consolidated plan or application to a State educational agency.
Section 6505(b) specifies that a State educational agency
that has submitted and had approved a consolidated State plan
or application may require local educational agencies in the
State to submit consolidated local plans.
Section 6505(c) requires a State educational agency to
collaborate with local educational agencies in establishing
procedures for the submission of consolidated plans and
applications.
Section 6505(d) specifies that a State educational agency
will require a local educational agency to submit only
necessary material as part of its plan or application.
Section 6506--Other General Assurances. Section 6506(a)
requires any applicant that submits a plan under this Act to
have on file, with the State educational agency, a set of
assurances for each program for which a plan or application has
been submitted.
Section 6506(b) specifies that section 442 of the General
Education Provisions Act does not apply to part E of title VI.
Section 6507--Relationship of State and Local Plans to
Other Plans. Section 6507(a) specifies that each State plan
submitted for part A of title I, part C of title I, title II,
title IV, part A of title VI, and subpart 4 of part A of title
IX shall be integrated with one another and the State's
improvement plan.
Section 6507(b) specifies that each local educational
agency plan submitted for part A of title I, title II, title
IV, part A of title VI, subpart I of part A of title VII, part
C of title VII, and subpart 4 of part A of title IX shall be
integrated with one another.
Part F--Waivers
Section 6601--Waivers of Statutory and Regulatory
Requirements. Section 6601(a) gives the Secretary waiver
authority.
Section 6601(b) describes the waiver process. A State
educational agency, local educational agency, or Indian tribe
seeking a waiver will submit a waiver request to the Secretary
that identifies the Federal programs affected by the waiver,
describes which Federal requirements are to be waived and how
the waiving will improve quality of instruction or improve
student academic performance, (if applicable) describes which
similar State and local requirements will be waived, describes
specific outcomes for all students, and describes how schools
will continue to provide assistance to the same populations
served by programs for which waivers are requested.
Section 6601(c) specifies that the Secretary shall not
waive certain statutory or regulatory requirements that pertain
to the following: allocation of funds to States, local
educational agencies, or other recipients; maintenance of
effort; comparability of services; use of Federal funds to
supplement (not supplant) non-Federal funds; equitable
participation of private school students and teachers; parental
participation and involvement; applicable civil rights
requirements; charter school requirements; prohibitions
regarding State aid or use of funds for religious worship or
instruction; or the selection of a school attendance area or
school under subsections (a) and (b) of section 1113 (except
that the Secretary may grant a waiver to allow a school
attendance area or school to participate in activities under
part A of title I if the percentage of children from low-income
families in the school attendance area of such school or who
attend such school is not less than 10 percentage points below
the lowest percentage of such children for any school
attendance area or school within the local educational agency
that meets the requirements of subsections (a) and (b) of title
1).
Section 6601(d) establishes that an approved waiver under
this section may be for 3 years. The Secretary may extend the
period of time for the waiver if the Secretary determines that
the waiver has been effective and the waiver is in the public
interest.
Section 6601(e) requires a local educational agency that
receives a waiver under this section to submit a report to the
State educational agency at the end of the second year and each
subsequent year for which a waiver is received. This section
also requires a State educational agency that receives local
educational reports to submit a report to the Secretary . In
addition, the Secretary is also required to submit a report to
the House and Senate Education Committees summarizing the use
of waivers and whether the waivers increased the quality of
instruction or student academic performance.
Section 6601(f) authorizes the Secretary to terminate a
waiver if the Secretary determines that the waiver has been
inadequate or if the waiver is no longer necessary to achieve
its original purposes.
Section 6601(g) requires that a notice of the Secretary's
decision to grant each waiver will be published in the Federal
Register.
Part G--Education Performance Partnerships
New section 6701--Short Title. This section provides that
the short title of part G is the ``Education Performance
Partnerships Act.''
New section 6702--Purpose. This section states that the
purpose of the part is to improve the academic achievement of
all students by providing States and localities with maximum
flexibility in exchange for accountability for increasing
academic achievement and narrowing achievement gaps between the
lowest and highest performing groups of students.
New section 6703--Performance Partnership Agreements. New
section 6703(a) provideseach State with the option to execute a
performance partnership agreement with the Secretary.
New section 6703(b) provides that the State Governor, in
consultation with the individual or body responsible under
State law for education programs, will determine whether or not
the State participates.
New section 6703(c) provides that the Secretary will
approve a performance partnership agreement unless the
Secretary provides written notification within 60 days that
portion of the agreement do not comply with the provisions of
part G. The section provides for negotiation in the event that
such notification is provided, with the negotiation to be
completed within 4 months. This period may be extended for 30
days if both the Secretary and the State agree to the
extension. If negotiations are not completed within this time
frame, the partnership agreement will be subject to peer
review. A State may also request peer review in cases where the
agreement is rejected by the Secretary. The peer review
committee is to be composed of 7 members: 2 appointed by the
State, 2 appointed by the Secretary, and 3 appointed by the
National Academy of Sciences. The committee is to make advisory
recommendations within 60 days. The Secretary is to make a
decision within 30 days of receiving the recommendations,
although negotiations may continue for as long as the Secretary
and State agree.
New section 6703(d) provides that: (1) the term of the
partnership agreement may not exceed 5 years; (2) no program
requirement of any program included in the agreement will apply
unless specifically provided for in part G; (3) the State must
provide a list of the programs it wishes to include in the
agreement; (4) the State must provide a 5-year plan (which is
aligned with the State's reform plan) for using funds from the
programs included in the agreement to advance the education
priorities of the State, to improve student achievement, and to
narrow achievement gaps; (5) the State must provide the
opportunity for public review and comment prior to submission
of the agreement to the Secretary; (6) if part A of title I
programs are included in the agreement, the State must have:
(A) implemented the State standards and assessments described
in title I or a system to measure the degree of change from 1
school year to the next on aligned assessments, (B) provided
for disaggregation of assessment data at the State, local
educational agency, and school levels by race, ethnicity,
English proficiency status, and socioeconomic status, (C)
established specific and measurable student performance
objectives, and (D) implemented a statewide system for holding
local educational agencies and schools accountable for student
performance which includes provisions related to school
improvement, technical assistance, and corrective action; (7)
the State must establish student performance goals which meet
specified minimum requirements, including a requirement that
all students participating in a program included in the
partnership agreement make substantial gains in achievement,
and must maintain the same performance standards and aligned
assessments throughout the term of the agreement; (8) the State
must issue a report no later than 2 years after entering into
the partnership agreement and annually thereafter which
includes disaggregated student performance data and a
description of how funds have been used to improve student
performance and reduce achievement gaps; (9) the State must
have been in compliance with the requirements of the Elementary
and Secondary Education Act as they existed prior to the
enactment of the Educational Opportunities Act; and (10) the
State must provide assurances of fiscal control and fund
accounting, an implementation schedule, and a timeline for
reporting student performance data.
New section 6703(e) provides that a State may modify its
performance partnership agreement. The requirement that the
State maintain the same performance standards and aligned
assessments throughout the term of the agreement may not be
amended. Modifications to withdraw or include programs or to
add a new performance objective must be approved by the
Secretary. Any other term of the agreement may be modified by
the State at its discretion.
New section 6704--Treatment of Eligible Programs under
Agreements. New section 6704(a) provides that the following
programs may be included in the performance partnership
agreement: (1) Improving Basic Programs Operated by Local
Educational Agencies (part A of title I); (2) Even Start (part
B of title I); (3) Education of Migratory Children (part C of
title I); (4) Demonstrations of Innovative Practices (section
1502); (5) Teacher Empowerment Grants to States, Subgrants to
Eligible Partnerships, and Subgrants to Local Educational
Agencies (subparts 1, 2, and 3 of part A of title II); (6)
Initiatives for Neglected, Delinquent, or At Risk Students
(part B of title III); (7) Technology Literacy Fund (section
5132); (8) Innovative Education (title VI); (9) Emergency
Immigrant Education (part C of title VII); (10) any other State
formula grant program authorized under the Elementary and
Secondary Education Act which was not in effect prior to the
date of enactment of the Educational Opportunities Act; (11)
Class-Size Reduction (section 310 of the Department of
Education Appropriations Act, 2000); (12) State and Local
Education Systemic Improvement (title III of the Goals 2000:
Educate America Act); and (13) Education for Homeless Children
and Youth (subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act).
New section 6704(b) provides that States must comply with
any statutory or regulatory requirement applicable to a program
included in the partnership agreement relating to maintenance
of effort, comparability of services, equitable participation
of private school students and professional staff, parental
participation and involvement, the serving of eligible school
attendance areas in rank order under section 1113(a)(3), the
selection of a school attendance area or school under section
1113 except in cases where the percentage of low-income
children in the area or school is at least 10 percentage points
below the percentage of such children served by the local
educational agency, supplement-not-supplant, and applicable
civil rights requirements.
New section 6704(c) provides that a State may combine funds
from any or all of the programs listed in subsection (a)
without regard to program requirements unless otherwise
provided in part G. In addition, formulas for the distribution
of Federal funds to the States will remain the same.
New section 6704(d) provides an illustrative list of
educational activities for which funds may be used under a
performance partnership agreement.
New section 6705--Local Participation in Agreements. New
section 6705 provides that any local educational agency located
in a State which does not enter into a performance partnership
agreement may submit its own agreement. The State must agree to
the local educational agency's proposal. The local educational
agency is to meet the same requirements as a State applicant,
with the exception of provisions relating to the intra-state
distribution of funds and the use of funds for State
administrative activities.
New section 6706--Within State Distribution of Funds. With
the exception of part A of title I funds, a State may
distribute funds from programs included in the agreement to
local educational agencies in any way provided by the State law
or constitution. Part A of title I funds are to be distributed
within the State in accordance with the requirements of Federal
law.
New section 6707--State Administrative Expenditures. New
section 6707 provides that a State may retain 1 percent of
title I funds (if applicable) for administrative purposes. For
non-title I programs included in the agreement, the State may
retain for administrative purposes the same amount provided in
the preceding school year, with gradual annual reductions in
that amount leading to a limit of 5 percent in the fifth year
of the program and any subsequent renewal of the program. A
State may use up to 7 percent of non-title I funds for
administrative and nonadministrative expenses associated with
state- or district-wide initiatives directly affecting
classroom learning. A local educational agency may not use more
than 5 percent of funds for administration.
New section 6708--Performance Review. The Secretary is to
prepare a written performance review at the end of the third
year of a State's performance partnership agreement. The review
is to include recommendations for improvement in cases where
the State has failed to carry out requirements of the
agreement, to implement an accountability system, or to make
adequate progress in improving student performance. In these
cases, the Secretary is to conduct a second performance review
the following year. If the problems persist, the Secretary may
either withhold a percentage of State administrative funds or
terminate the agreement. If student achievement in the State
has declined significantly, the Secretary is to terminate the
agreement unless the State can demonstrate that the decline was
based on exceptional or uncontrollable circumstances.
New section 6709--Renewal of Performance Partnership
Agreement. A State which wishes to renew a partnership
agreement must notify the Secretary at least 6 months prior to
the end of the agreement. The Secretary is to renew the
agreement for another 5-year term if the State submits required
data showing that the State has made substantial progress
toward meeting its performance goals.
New section 6710--Closing the Achievement Gap Bonus Awards.
New section 6710(a) requires the Secretary to provide bonus
awards to States which make significant progress in eliminating
achievement gaps by raising the achievement levels of the
lowest performing student groups. A State is eligible for a
bonus award whether or not it participates in a performance
partnership agreement.
New section 6710(b) establishes State eligibility
requirements, which include the use of the National Assessment
of Educational Progress tests for the 4th and 8th grade levels
or another non-State auditing device to measure student
academic progress. A State which reduces the achievement gap
between its lowest and highest performing students in at least
3 of the 4 measured categories (math and English at the 4th and
8th grade levels) by a percentage that exceeds the national
average will receive a bonus award.
New section 6710(c) establishes procedures for determining
the national average and individual State reductions in the
achievement gap. In both cases, the Secretary is to compare the
baseline and final levels of achievement of students eligible
for free and reduced-price school lunches with that of all
other students in each of the 4 categories. The baseline is set
by test scores during the 2001-2002 academic year, and the
final level is set by test scores during the fifth academic
year in which performance partnerships are formed. A reduction
in the achievement gap resulting from a reduction in the
achievement levels of the highest performing students will not
qualify a State to receive a bonus award.
New section 6710(d) provides that the Secretary is to
review the improvement a State has made in closing the
achievement gap as measured by State assessments.
New section 6710(e) provides that bonus award amounts will
be based on the number of individuals in a State between the
ages of 5 and 17 with family incomes below the poverty line
relative to the total number of such individuals in all States.
New section 6710(f) provides for a directed appropriations
of $2.5 billion for the fifth full fiscal year for which
performance partnership agreements are made under this part.
New section 6711--Performance Report. This section provides
that the Secretary will submit to the appropriate congressional
committees each annual State report within 60 days of receipt
of the report.
Part H--Academic Achievement for All Demonstration
New section 6801--Short Title. This section provides that
the short title of part H is ``Academic Achievement for All
Demonstration Act (Straight A's Act)''.
New section 6802--Purpose. This section states that the
purpose of the part is to improve the academic achievement of
all students, improve teacher quality, and empower parents
bygiving States and localities maximum freedom and holding them
accountable for boosting achievement and narrowing the achievement gap.
New section 6803--Performance Agreement. New section
6803(a) provides that up to 15 States may execute a performance
agreement with the Secretary. The first 15 States with
approvable agreements will participate.
New section 6803(b) requires States to provide notice and
opportunity for comment on any proposed performance agreement
as provided under State law.
New section 6803(c) provides that the performance agreement
will be considered approved 60 days after its receipt by the
Secretary unless the Secretary provides a written determination
within that time that the agreement does not meet the
requirements of part H.
New section 6803(d) provides that: (1) the term of the
partnership agreement will be 5 years; (2) no program
requirement of any program included in the agreement will apply
unless specifically provided for in part H; (3) the State must
provide a list of the programs it wishes to include in the
agreement; (4) the State must provide a 5-year plan for using
funds from the programs included in the agreement to advance
the education priorities of the State, to improve student
achievement, and to narrow achievement gaps; (5) if any title I
programs are included in the agreement, the State must have:
(A) implemented the State standards and assessments described
in title I or a system to measure the degree of change from 1
school year to the next, (B) developed and implemented a
statewide accountability system, (C) provided for
disaggregation of assessment data at the State, local
educational agency, and school levels by race, ethnicity,
gender, English proficiency status, migrant status, and
economically disadvantaged students compared to other students,
(D) established specific, measurable, numerical student
performance objectives--including a definition of the
proficient level, and (E) implemented a statewide system for
holding local educational agencies and schools accountable for
student performance which includes provisions related to school
improvement, technical assistance, and corrective action; (6)
if part A of title I is included in the performance agreement,
the State must establish annual student performance goals
which: (A) establish a single high standard for all students,
(B) take into account the progress of students in all local
educational agencies and schools in the State, (C) are based on
State standards and assessments, (D) include specific annual
improvement goals in each subject and grade included in the
State assessment, (E) compare the proportions of students at
levels of performance with those in the same grade level during
the previous school year, (F) include annual numerical goals
for improving the performance of each group for which
disaggregated data is collected and for narrowing the
achievement gap, and (G) require all students to make
substantial gains in achievement; (7) the State must maintain
the same performance standards and aligned assessments
throughout the term of the agreement; (8) the State must
provide assurances of fiscal control and fund accounting; (9)
the State must meet the requirements of applicable civil rights
laws; (10) the State must assure the equitable participation of
private school students and staff; (11) the State must not
reduce State funding for elementary and secondary education
during the term of the agreement; (12) the State must issue and
widely disseminate a report no later than 1 year after entering
into the performance agreement and annually thereafter which
includes disaggregated student performance data and a
description of how funds have been used to improve student
performance and reduce achievement gaps.
New section 6803(e) provides that, if a State does not
include part A of title I funds in its performance agreement,
it must develop a system to measure the academic performance of
all students and establish academic performance goals which:
(A) establish a single high standard for all students, (B) take
into account the progress of students in all local educational
agencies and schools in the State, (C) are based on State
standards and assessments, (D) include specific annual
improvement goals in each subject and grade included in the
State assessment, (E) compare the proportions of students at
levels of performance with those in the same grade level during
the previous school year, and (F) require all students to make
substantial gains in achievement. The performance goals do not
have to include annual numerical goals for improving the
performance of each group for which disaggregated data is
collected or for narrowing the achievement gap.
New section 6803(f) provides that a State may amend its
performance agreement to withdraw or add programs or to add a
new performance objective if the amendment is approved by the
Secretary. The amendment will be considered approved 60 days
after its receipt by the Secretary unless the Secretary
provides a written determination within that time that the
amendment does not meet the requirements of part H.
New section 6803(g) provides that a State or local
educational agency may not enter into agreements under both
parts G and H. A local educational agency may not enter into an
agreement under either part if the agency is located in a State
which has agreement under either part G or H.
New section 6804--Eligible Programs. New section 6804(a)
provides that the following programs may be included in a
performance agreement: (1) Improving Basic Programs Operated by
Local Educational Agencies (part A of title I); (2) Even Start
(part B of title I); (3) Education of Migratory Children (part
C of title I); (4) Teacher Empowerment Grants to States,
Subgrants to Eligible Partnerships, and Subgrants to Local
Educational Agencies (subparts 1, 2, and 3 of part A of title
II); (5) Initiatives for Neglected, Delinquent, or At Risk
Students (part B of title III); (6) Technology Literacy Fund
(section 5132); (7) Innovative Education (title VI); (8)
Emergency Immigrant Education (part C of title VII); (9) Class-
Size Reduction (section 307 of the Department of Education
Appropriations Act of 1999); (10) Demonstrations of Innovative
Practices (section 1502 as described on pages 96-99 of House
Report 105-390); (11) Vocational Education Assistance for the
Outlying Areas, Native American Program, State Provisions, and
Local Provisions (sections 115 and 116, and parts B and C of
title I of the Carl D. Perkins Vocational Technical Education
Act); and (12) Education for Homeless Children and
Youth(subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act).
New section 6804(b) provides that a State may combine funds
from any or all of the programs listed in subsection (a)
without regard to program requirements except that the
proportion of funds made available for national programs and
formulas for the distribution of Federal funds to the States
will remain the same.
New section 6704(c) provides that funds may be used under a
performance partnership agreement for any elementary and
secondary educational purposes permitted by State law.
New section 6805--Within-State Distribution of Funds. The
Governor and State legislature or, if applicable, the
individual or entity responsible for education under the State
constitution or law will determine how funds from programs
included in the agreement will be distributed to local
educational agencies. The State must provide for notice and
opportunity to comment on the proposed allocation of funds. If
part A of title I funds are included in the agreement, the
State must provide each local educational agency an amount at
least equal to the part A funds the agency received in the
fiscal year preceding the one in which the performance
agreement took effect.
New section 6806--Local Participation. New section 6806
provides that any local educational agency located in a State
which does not enter into a performance agreement may submit
its own agreement. The State must agree to the local
educational agency's proposal. The local educational agency is
to meet the same requirements as a State applicant, with the
exception of provisions relating to the intra-state
distribution of funds and the use of funds for State
administrative activities.
New section 6807--Limitations on State and Local
Educational Agency Administrative Expenditures. New section
6807 provides that a State may retain for administrative
purposes 1 percent the funds for programs included in the
agreement if part A of title I funds are included. If part A of
title I funds are not included in the agreement, the State may
retain 3 percent of funds for administrative purposes. A local
educational agency may use 4 percent of funds for
administration.
New section 6808--Performance Review and Penalties. This
section provides that the Secretary may terminate the agreement
if student achievement in a State declines for 3 consecutive
years. The Secretary must terminate the agreement if the State
has not substantially met its performance goals at the end of
the 5-year term. In cases where a State has made no progress at
all by the end of the term, the Secretary may reduce up to half
of State administrative funds for the programs included in the
agreement in each of the 2 years following termination of the
agreement.
New section 6809--Renewal of Performance Agreement. A State
which wishes to renew a performance agreement must notify the
Secretary at least 6 months prior to the end of the agreement.
The Secretary is to renew the agreement for another 5-year term
if the State submits required data showing that the State has
made, met or made substantial progress toward meeting its
performance goals.
New section 6810--Achievement Gap Reduction Rewards. New
section 6810(a) mandates the Secretary to set aside sufficient
funds under the Fund for the Improvement of Education to reward
States that make significant progress in eliminating
achievement gaps by the end of the term of their performance
agreement. The reward amount is not less than 5 percent of the
funds received by the State for programs included in the
agreement during the first year the agreement was in place.
New Section 6810(b) provides that a State is entitled to
the reward if, over the 5-year term of the agreement, the State
either: (1) reduces by at least 25 percent the difference
between the percentage of the highest and lowest performing
groups of students for which data is disaggregated that meet
the State's proficient level of performance in at least two
content areas and at least two grade levels or (2) increases by
25 percent the proportion of two or more groups of students for
which data is disaggregated that meet the proficient level. One
of the two content areas must be math or reading.
New section 6810(c) provides that a reduction in the
achievement gap resulting from a decrease in the average
performance of the highest performing quintile of students will
not qualify a State to receive a reward.
New section 6811--Straight A's Performance Report. This
section provides that the Secretary will submit to the
appropriate congressional committees each annual State report
within 60 days of receipt of the report.
New section 6812--Applicability of Title X. This section
states that the provisions of part H are to be construed to
supersede the provisions of Title X of the Elementary and
Secondary Education Act (General Provisions).
New section 6813--Applicability of General Education
Provisions Act. This section states that the provisions of part
H are to be construed to supersede the provisions of the
General Education Provisions Act--with the exception of
provisions dealing with civil rights, the withholding of funds
and enforcement authority, and family educational and privacy
rights.
New section 6814--Applicability to Home Schools. This
section states that nothing in part H shall be construed to
affect home schools whether or not a home school is treated as
a private school or home school under State law.
New section 6815--General Provisions Regarding Non-
Recipient, Nonpublic Schools. This section states that nothing
in part H shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any private,
religious, or home school.
New section 6816--Definitions. This section provides
definitions for the terms ``all students'' and ``State.''
New section 6817--Effective date. This section provides an
effective date of October 1, 2000.
Title VIII--Bilingual Education
Section 701--Purpose. Section 701 amends section 7102 of
the act to strike the heading and inserting a new purpose which
is to promote systemic improvement for educational programs
serving limited English proficient students.
Section 702--Authorization of Appropriations. Section 702
amends section 7103(a) of the act to authorize a funding level
of $300 million for fiscal year 2001.
Section 703--Repeal of Program Development and
Implementation Grants. Section 703 repeals section 7112 of the
act.
Section 704--Program Enhancement Projects. Section 704(a)
amends section 7113 of the act to establish a new purpose for
the Program Enhancement Projects, which: provide grants to
entities for locally designed, high quality instruction to
children and youth of limited English proficiency; help
children and youth develop English language proficiency; and
help children and youth in attaining the standards established
under section 1111(b) of this act.
Section 704(b) amends section 7113(b) of the act to
authorize the activities for Program Enhancement projects which
shall include: developing comprehensive preschool, elementary,
or secondary education programs for limited English proficient
children and youth; providing high quality professional
development; and annually assessing the English proficiency of
all limited English proficient students. Other activities may
include: upgrading reading and other academic skills;
developing accountability systems to monitor academic progress
of limited English proficient and formerly limited English
proficient students; implementing family education programs;
acquiring and applying effective instructional materials;
providing intensified instruction; adapting best practice
models; assisting limited English proficient students with
disabilities; and implementing applied learning activities.
Section 704(c) amends section 7113 of the act to authorize
the Secretary, if the Secretary so chooses, to give priority in
awarding grants to an entity that serves a school district with
a total enrollment of less than 10,000 students or has a large
percentage or number of limited English proficient students;
and has limited or no experience in serving limited English
proficient students.
Section 705--Comprehensive School and Systemwide
Improvement Grants. Section 705 amends section 7114 of the act
to list the purposes of the Comprehensive School and Systemwide
Improvement Grants. The purposes are to: provide financial
assistance to schools and local educational agencies for
implementing bilingual education programs; assist limited
English proficient students in meeting the standards
established under section 1111(b); and improve instructional
programs in schools and local educational agencies that serve
significant percentages of students with limited English
proficiency or significant numbers of students.
New Section 7114(b) specifies that grants awarded under
this section shall be used for: improving instructional
programs for limited English proficient students; aligning
activities with State and local school reform efforts;
providing training to improve instruction and assessment of
limited English proficient students; implementing culturally
and linguistically appropriate family education programs;
coordinate training activities with title II of the Higher
Education Act; coordinate activities with other programs;
providing services to meet the full range of the educational
needs of limited English proficient students; annually
assessing the English proficiency of limited English proficient
students; and developing accountability systems. This section
also lists several permissible activities.
New Section 7114(c) specifies the reservation of funds for
payments.
Section 706--Repeal of Systemwide Improvement Grants.
Section 706 repeals section 7115 of the act.
Section 707--Applications. Section 707(a) amends section
7116(b) of the act to make technical changes.
Section 707(b) amends section 7116(f) of the act to require
that an application includes a documentation that qualified
personnel will administer the program proposed in the
application.
Section 707(c) amends section 7116(g) of the act to require
that a grant application include data on the number and the
characteristics of the limited English proficient students to
be served under the proposed grant.
Section 707(d) amends section 7116(i) of the act to include
a priority provision. Under this provision, the Secretary shall
give priority to a grant applicant who: experiences a dramatic
increase in the number or percentage of limited English
proficient students enrolled in the applicant's programs and
has limited or no experience in serving limited English
proficient students; is a local educational agency that serves
a school district that has a total district enrollment of less
than 10,000 students; demonstrates that the applicant has a
proven record of success in helping limited English proficient
children and youth learn English and meet high academic
standards; proposes programs that provide for the development
of bilingual proficiency in English and another language; or
serves a school district with a large percentage or number of
limited English proficient students.
Section 708--Repeal of Intensified Instruction. Section 708
repeals section 7117 of the act.
Section 709--Repeal of Subgrants, Priority, and
Coordination Provisions. Section 709 repeals sections 7119
through 7121 of the act.
Section 710--Evaluation. Section 710 amends section 7123 of
the act to require each grant recipient to conduct an
evaluation which will review the progress of the recipient in
achieving the objectives of the program and determine whether
the students being served by the program are meeting the
State's student performance standards.
Section 711--Research. Section 711 amends section
7132(c)(1) of the act to make technical changes.
Section 712--Academic Excellence Awards. Section 712 amends
section 7133 to authorize the Secretary to make grants to State
educational agencies to assist in recognizing local educational
agencies and other public and nonprofit entities whose programs
have demonstrated significant progress in assisting limited
English proficient students to learn English and achieving the
content standards. Each State seeking a grant shall submit an
application.
Section 713--State Grant Program. Section 713(a) amends
section 7134(b) of the act to increase the funding level to
$200,000.
Section 713(b) makes technical amendments to section
7134(c) and adds a new use of funds which specifies that a
State educational agency will assist local educational agencies
with program design and data collection.
Section 714--National Clearinghouse. Section 714 amends
section 7135(b) of the act to make technical amendments.
Section 715--Instructional Materials Development. Section
715 amends section 7136 of the act to add other low-incidence
languages to this section.
Section 716--Training for All Teachers Program. Section 716
amends section 7142(b) and (c) of the Act to add a list of
activities which grantees may use to conduct high-quality
professional development activities. These activities include:
developing induction programs; implementing school-based
collaborative efforts; coordinating activities with other
programs; implementing education technologies to improve
instruction; establishing professional networks; and developing
curricular materials.
Section 717--Graduate Fellowships. Section 717 amends
section 7145(a) to make technical amendments.
Section 718--Repeal of Program Requirements. Section 718
repeals section 7147 of the act.
Section 719--Program Evaluations. Section 719 amends
section 7149 of the act to specify that the evaluation shall
provide information regarding the number of participants, the
effectiveness of the program, and the teaching effectiveness of
graduates of the program.
Section 720--Special Rule. Section 720 amends section 7161
of the act to make technical changes.
Section 721--Repeal of Finding Relating to Foreign Language
Assistance. Section 721 repeals section 7202 of the act.
Section 722--Foreign Language Assistance Applications.
Section 722 amends section 7204(b) of the act to add references
to technology, foreign language immersion and encouraging the
formation of a consortium.
Section 723--Emergency Immigrant Education Purpose. Section
723 amends section 7301 of the act to make technical
amendments.
Section 724--Emergency Immigrant Education State
Administrative Costs. Section 724 amends section 7302 of the
act to change the percentage to 2 percent if the State
educational agency distributes funds to local educational
agencies competitively.
Section 725--Conforming Amendment. Section 725 amends
section 7304(a) of the act to make a conforming amendment.
Section 726--Emergency Immigrant Education Authorization of
Appropriations. Section 726 amends section 7309 of the act to
increase the authorization to $200 million for fiscal year
2001.
Section 727--Coordination and Reporting Requirements.
Section 727 amends section 7405(d) of the act make a technical
change.
Title VIII--Impact Aid
Section 801--Short Title. Section 801 of the bill
designates the short title of title VIII as the ``Impact Aid
Act''.
Section 802--Purpose. Section 802 of the bill amends
section 8001 of the act to delete the reference in the purpose
to sudden and substantial increases or decreases in enrollments
because of military realignments, as authority for such
payments is repealed in the bill.
Section 803--Payments Relating to Federal Acquisition of
Real Property. Section 803(1) of the bill amends section
8002(a) of the act to change the fiscal year reference from
October 1, 1999, to October 1, 2005.
Section 803(2) of the bill amends section 8002(b) of the
act to: strike the provisionproviding for a ratable reduction
in payments to local educational agencies in the event that
appropriations are insufficient to make full payment and replace it
with a reference to the calculations specified in subsection (h); and
to provide that a local educational agency may not receive in combined
payments under sections 8002 and 8003(b) an amount which exceeds the
maximum amount for which the agency is eligible under either section
individually--with the payment cap set at the greater of the two
amounts.
Section 803(3) of the bill amends section 8002(h) of the
act to repeal the current hold-harmless provisions and replace
them with provisions dealing with the distribution of funds if
appropriations are insufficient. These new provisions include
the establishment of a ``foundation payment'' equal to 37
percent of the full entitlement of local educational agencies
eligible to receive funds between 1989 and 1994. The funds
remaining between the fiscal year 1995 appropriations level
($16.3 million) and the amount needed for the foundation
payment is to be prorated among eligible districts based on
each district's percentage of the total assessed value of all
section 8002 districts, in accordance with the ``highest and
best'' formula included in the 1994 amendments. Funding is then
to be provided for the ``special needs'' districts described in
subsection (i), in an amount not to exceed $1.2 million.
Seventy-five percent of the funds in excess of $17.5 million
are to be allocated under the ``highest and best'' formula, and
the remaining 25 percent to increase funding above the
foundation payment.
Section 803(4) of the bill amends section 8002(i) of the
act to provide that the special needs districts described in
the subsection may receive an increased payment under section
8002 in fiscal years where appropriations exceed the fiscal
year 1996 level. Total payments to special needs districts may
not exceed $1.2 million.
Section 803(5) of the bill amends section 8002(j) of the
act to update the reference to the authorization of
appropriations, to correct drafting errors, and to delete
language relating to the distribution of funds in the event
that appropriations for subsection (j) fall below or exceed the
maximum amount a local educational agency is eligible to
receive under the subsection.
Section 803(6) of the bill amends section 8002 of the act
by adding new subsections (l) and (m). New subsection (l)
requires any local educational agency applying for a payment
under section 8002(b) to submit expeditiously the data required
to compute the payment and requires the Secretary to make a
preliminary payment of 60 percent of the amount received by a
local educational agency in the previous year no later than 60
days following enactment of appropriations (provided that the
local educational agency has submitted to the Secretary all
data necessary for computation of its payment). In addition,
that the Secretary is to make every effort to provide final
payments no later than 12 months following the application
deadline. New subsection (m) establishes a 5-year time frame
following Federal acquisition of property in which districts
may apply for section 8002 payments.
Section 804--Payments for Eligible Federally Connected
Children. Section 804(a)(1)(A) of the bill amends section
8003(a)(2) of the act to increase from .10 to .25 the weight
assigned to children who have a parent who is on active duty in
the uniformed services or is an official of a foreign
government and is a foreign military officer, but do not reside
on Federal property.
Section 804(a)(1)(B) of the bill amends section 8003(a)(4)
of the act to institute a maximum 3-year time limit for current
law provisions which permit military dependents living off-base
to be counted as on-base students in situations where their
base housing is being renovated and to clarify that the
rebuilding of on-base housing will be treated in the same
manner as renovation.
Section 804(a)(1)(C) of the bill amends section 8003(a) of
the act by adding a new paragraph (5) which permits military
dependents to be counted as on-base students if they reside in
housing initially acquired or constructed under the ``Build to
Lease'' program if the property is within the fenced security
perimeter of the military facility. If the property is subject
to taxation, the impact aid payment to the local educational
agency will be reduced by the amount of revenues received from
the property taxes.
Section 804(a)(2) of the bill amends section 8003(b)(1) of
the act by adding a new subparagraph (D) which provides that,
in calculating a local educational agency's maximum payment
amount, the Secretary shall use data from the most recent
fiscal year for which satisfactory data is available in
instances where data from the third preceding fiscal year are
not available for State or national average per-pupil
expenditures.
Section 804(a)(3) of the bill amends section 8003(d) of the
act to indicate that a local educational agency receiving funds
under subsection (d) is to use those funds to provide services
in accordance with the Individuals with Disabilities Education
Act.
Section 804(a)(4) of the bill amends section 8003(e) of the
act to replace the current hold-harmless provisions with a
hold-harmless based on based on a per-weighted-student-unit
basis. Under the hold-harmless, each local educational agency
will receive the same amount per weighted student as it did in
the prior year. Amounts to a local educational agency could
decrease if its weighted student count drops, if it has a
reduced Learning Opportunity Threshold, if its local
contribution rate drops, or if a decrease in appropriations
leads to proration.
Section 804(a)(5) and (6) of the bill amends section 8003
of the act to strike subsections (f) and (g) and to redesignate
subsections (h) and (i) as (f) and (g), respectively. Current-
law subsection (f) deals with additional assistance for heavily
impacted local educational agencies. Under the bill, payments
to these local educational agencies will be made through
section 8003(b)(2). Current-law subsection (g) deals with
additional payments for local educational agencies with high
concentrations of children with severe disabilities.
Section 804(b) of the bill amends section 8003(b) of the
act by redesignating paragraphs (2) and (3) as (3) and (4),
respectively, and creating a new paragraph (2) which folds into
the basic payment structure the payments for heavily impacted
local educational agencies currently authorized under
subsection (f), consistent with the provisions of a pilot
program which has been in operation for the past 2 years.
New section 8003(b)(2)(A) provides that heavily impacted
districts will receive payments under section 8003(b)(2), in
lieu of basic support payments under section 8003(b)(1).
New section 8003(b)(2)(B) describes heavily impacted local
educational agencies as those which received assistance under
the current subsection (f) and which meet one of the following
criteria: (1) are coterminous; (2) have an enrollment of at
least 35 percent federally connected children, have a tax rate
at least 95 percent of the State average, and (if student
enrollment exceeds 350) have a per-pupil expenditure below
State average; (3) have an enrollment of at least 30 percent
federally connected children and have a tax rate at least 125
percent of the State average; (4) have a student enrollment of
at least 25,000, at least 50 percent of whom are federally
connected, and at least 6,000 of whom are military or civilian
on-post students; or (5) meet the requirements of current-law
subsection (f)(2). In order to avoid delays in the issuance of
payments to eligible local educational agencies, the bill
provides for a 1-year delay in instances where a local
educational agency either loses or resumes eligibility for
payment as a heavily impacted district.
New section 8003(b)(2)(C) provides that local educational
agencies which have not received assistance under the current
subsection (f) authority may receive payments under section
8003(b)(2) in fiscal year 2002 or subsequent fiscal years if
they meet one of the following criteria: (1) are coterminous;
or (2) have an enrollment of at least 50 percent federally
connected children if the district receives payment for
children who have a parent who is on active duty in the
uniformed services or is an official of a foreign government
and is a foreign military officer but do not reside on Federal
property or an enrollment of at least 40 percent federally
connected children if the district does not receive payment for
such children, have a tax rate at least 95 percent of the State
average, and (if student enrollment exceeds 350) have a per-
pupil expenditure below State average or (if student enrollment
is below 350) have a per-pupil expenditure below comparable
local educational agencies. A 1-year delay is provided in
instances where a local educational agency loses, gains, or
resumes eligibility for payment as a heavily impacted district.
New section 8003(b)(2)(D) provides for the calculation of
maximum payment amounts for regular heavily impacted local
educational agencies. (Regular heavily impacted local
educational agencies are those described in subparagraphs (B)
and (C), with the exception of those with a student enrollment
of at least 25,000, at least 50 percent of whom are federally
connected, and at least 6,000 of whom are military or civilian
on-post students.) The local contribution rate for these
agencies is to be calculated on the basis of the greater of
four-fifths of average State per-pupil expenditures or four-
fifths of average national per-pupil expenditures. The
determination of weighted student units is the same as that
provided for subsection (b)(1) payment calculations, with the
following special provisions: (1) districts with an enrollment
of at least 35 percent of children who have a parent who is on
active duty in the uniformed services or is an official of a
foreign government and is a foreign military officer but do not
reside on Federal property or who live in low-income housing
may assign a weight of .55 to those students; (2) districts
with a total enrollment 100 or fewer federally connected
students may assign a weight of 1.75 to such students; and (3)
districts with total enrollment of more than 100 but less than
750 federally connected students may assign a weight of 1.25 to
such students. Finally, regular heavily impacted local
educational agencies may count all federally connected students
in the calculation of the maximum payment amount.
New section 8003(b)(2)(E) provides for the calculation of
maximum payment amounts for large heavily impacted local
educational agencies. Large heavily impacted local educational
agencies are those with a student enrollment of at least
25,000, at least 50 percent of whom are federally connected,
and at least 6,000 of whom are military or civilian on-post
students. The maximum payment amounts for these agencies will
be calculated on the same basis as basic payments under section
8003(b)(1), except that a weight of 1.35 will be assigned to
children who are military or civilian on-post students.
New section 8003(b)(2)(F) provides that the Secretary shall
use student, revenue, expenditure, and tax data from the third
preceding fiscal year in providing payments to heavily impacted
local educational agencies.
Section 804(c) of the bill amends section 8003(b)(3) [as
redesignated] of the act to provide that the Learning
Opportunity Threshold of all heavily impacted local educational
agencies will be 100.
Section 804(d) of the bill amends section 8003 of the act
to make conforming changes.
Section 804(e) of the bill provides that the new time
limits included in the section 8003(a)(4) provisions relating
to the renovation or rebuilding of base housing will apply to
payments made beginning on or after the date of enactment of
the Educational Opportunities Act.
Section 805--Sudden and Substantial Increases in Attendance
of Military Dependents. Section 805 of the bill repeals section
8006 of the act.
Section 806--School Construction and Facility
Modernization. Section 806 of the bill amends section 8007 of
the act to expand the authority for construction and facility
modernization assistance, focusing on schools serving large
proportions of federally connected students in districts which
have no bonding authority or are at their limit for bonded
indebtedness. Twenty percent of funds are reserved for the
current-law construction authority, and the remaining funds are
made available for the new school modernization provisions
contained in section 8007A.
Section 806(a) of the bill amends section 8007 of the act
to provide that 20 percent of the funds appropriated for school
construction and facility modernization be made available to
current recipients on the same basis provided in current law.
The current-law exclusion ofchildren attending a school
assisted or provided by the Secretary under section 8008 from being
counted in the calculation of payments under section 8007 is revised to
permit such children to be counted in fiscal years in which the
Secretary does not provide assistance to the schools they attend.
Section 806(b) of the bill establishes a new section 8007A
to provide assistance for school facility modernization.
New section 8007A(a) provides that 80 percent of the funds
appropriated for school construction and facility modernization
be made available for activities authorized under the section.
Of that amount:
Forty-five percent is to be made available to local
educational agencies which receive Federal property payments
under section 8002 and have assessed taxable property values
below the State average or which have an enrollment of at least
25 percent of children who reside on Indian lands.
Forty-five percent is to be made available to local
educational agencies which have an enrollment of at least 25
percent of children whose parents both work and live on Federal
property or whose parents are active-duty military but do not
live on Federal property. Modernization funds may be used only
for schools within the local educational agency which enrol at
least 50 percent federally connected children.
Ten percent is to be made available to local educational
agencies which have an enrollment of at least 50 percent of
children who reside on Indian lands and which have a facility
emergency that poses a health or safety hazard.
New section 8007A(b) establishes eligibility requirements.
In addition to meeting one of the criteria described above, a
local educational agency must have no capacity to issues bonds
or be at its limit in bonded indebtedness for the purpose of
generating funds for capital expenditures. Heavily impacted
local educational agencies are deemed to have met this
requirement.
New section 8007A(c) sets out the criteria the Secretary is
to use in awarding facility modernization grants. The Secretary
is to consider 1 or more of the following factors: lack of
fiscal capacity; extent to which property is nontaxable; extent
to which federally connected children are served; need for
modernization to address safety concerns, overcrowding, or
needs resulting from actions of the Federal Government; and age
of the facility.
New section 8007A(d) provides that, in determining the
amount of the grant award, the Secretary must consider the cost
of modernization and the ability of the local educational
agency to carry it out. Subsection (d) also requires a local
match of 50 percent (in cash or in-kind) and caps at $3 million
the amount a local educational agency can receive during any 5-
year period.
New section 8007A(e) sets out local application
requirements. The application for grant support must include:
documentation of the lack of bonding capacity; descriptions of
the facilities to be modernized, the number of federally
connected children in those facilities, the ownership of the
property, any health or safety hazard, and the planned
modernization activities; and a cost estimate of the project.
New section 8007A(f) includes special provisions related to
the emergency grants for which 10 percent of Section 8007A
funds are reserved. In addition to the application requirements
included in subsection (e), an applicant must provide
certification of a health or safety deficiency. Emergency
grants are not subject to local-match requirements or to the $3
million cap. Priority will be given to grants based on when an
application was received and the severity of the emergency. The
application of a local educational agency which does not
receive assistance will be carried over for consideration in
the following fiscal year.
New section 8007A(g) establishes general limitations
regarding grant funds, which include a prohibition on use of
funds for real property or for athletic and similar school
facilities. All projects must comply with environmental laws
and regulations.
New section 8007A(h) provides that Federal funds will
supplement, not supplant, non-Federal resources for school
facility modernization.
Section 807--State Consideration of Payments in Providing
State Aid. Section 807 of the bill amends section 8009 of the
act to delete obsolete references.
Section 808--Federal Administration. Section 808 of the
bill amends section 8010 of the act to delete a special rule
which applied only to fiscal year 1995.
Section 809--Administrative Hearings and Judicial Review.
Section 809 of the bill amends section 8011 of the act to add a
provision requiring a State or local educational agency to file
a request for an administrative hearing within 60 days of
notice that an action adversely affecting the State or local
educational agency has been taken. No time limit is currently
specified.
Section 810--Forgiveness of Overpayments. Section 810 of
the bill amends section 8012 of the act to update obsolete
references.
Section 811--Definitions. Section 811 of the bill amends
section 8013 of the act to: update references to low-income and
affordable housing under the definition of ``Federal
property''; clarify that average ``local contribution
percentage'' is to be based on data from the 50 States and the
District of Columbia; add a definition of ``modernization'';
and revise the definition of ``school facilities'' to
specifically mention laboratories, libraries, and media
centersand to state that their primary purpose is the instruction of
public elementary or secondary school students.
Section 812--Authorization of Appropriations. Section 812
of the bill amends section 8014 of the act to authorize funds
for title VIII programs for the fiscal years 2001 through 2005.
For each of the program authorities, a dollar figure is
specified for fiscal year 2001 and ``such sums as may be
necessary'' are provided for the 4 succeeding fiscal years.
Funding levels authorized for fiscal year 2001 include:
Payments for Federal Acquisition of Real Property....... $35,000,000
Basic Payments.......................................... $875,000,000
Payments for Children with Disabilities................. $60,000,000
Construction and Facilities Modernization............... $62,500,000
Facilities Maintenance.................................. $7,000,000
Additional Assistance for Certain Federal Property LEAs. $500,000
Title IX--Indian, Native Hawaiian, and Alaska Native Education
These sections restate current law except where noted.
Section 901 amends parts A, B, and C of Title IX to read as
follows:
Part A--Indian Education
Subpart 1--Formula grants to Local Educational Agencies
New section 9113--Amount of Grants. This section sets out
grant awards. The order of the subsections has changed in that
the subsection related to schools operated or supported by the
Bureau of Indian Affairs is now subsection (b).
New section 9115--Authorized Services and Activities. This
section adds four new kinds of services and activities to the 7
services and activities in current law. These activities
include: activities that promote the incorporation culturally
responsive teaching and learning strategies; activities that
incorporate American Indian and Alaska Native specific
curriculum content; activities that promote coordination and
collaboration between tribal, Federal, and State public
schools; and family literacy services; and limits the amount of
funds spent on administrative costs to not more than 5 percent.
New section 9116--Integration of Services Authorized. This
section allows local educational agencies which receive formula
grants under part A the ability to commingle all of the Federal
funding they receive for educating Indian children, regardless
of which agency provides it, into one coordinate comprehensive
program to meet the specific needs of Indian children. Local
educational agencies that choose to do this will submit a
single plan describing how they intend to consolidate funding
and specifying the student achievement goals that they will
meet.
New section 9117--Student Eligibility Forms. This section
allows the Secretary to use either the count certified by the
Bureau of Indian Affairs, or the count of the number of
students for whom the school has eligibility forms when
awarding grants to tribal schools. It also allows each local
educational agency to select either a particular date or period
(up to 31 days) to count the number of children it will claim
for purposes of receiving a grant. The choice of the child
counts allows the schools to avoid the burden of 2 separate
counts.
New section 9119--State Educational Agency Review. This
section modifies the current requirements for application
review by the Secretary (as the requirement that a local
educational agency must submit an application to the Secretary
is already in section 9114(a)) while maintaining the
requirement that the local educational agency must submit the
application to State educational agency for its possible
comments.
Subpart 2--Special Programs and Projects to Improve
Educational Opportunities for Indian Children
New section 9121--Improvement of Educational Opportunities
for Indian Children. This section maintains the 11 types of
grants authorized under this section while adding a provision
for family literacy service and adds two new provisions as
requirements for applications for dissemination grants: that
the application must include information demonstrating that the
proposed program is a research-based program, and that the
application must contain a description of how the applicant
will incorporate the proposed activities into the ongoing
school program involved once the grant period is over. New
section 9121 limits the amount of funds spent on administrative
costs to not more than 5 percent.
New section 9122--Professional Development. This section
modifies the preference for programs that train Indian
students. The obligation of service has been modified to
include only those persons who receive pre-service training.
(Current law provisions are restated for Subpart 3--Special
Programs Relating to Adult Education for Indians, Subpart 4-
National Research Activities, and Subpart 5--Federal
Administration.)
Subpart 6--Definitions; Authorizations of Appropriations
New section 9162--Authorization of Appropriations. This
section authorizes a funding level of $62 million for fiscal
year 2001 and such sums as may be necessary for each of the
succeeding fiscal years to carry out subpart 1; $4 million for
fiscal year 2001 and such sums as may be necessary for each of
the succeeding fiscal years to carry out subparts 2 through 4;
and deletes the appropriation for carrying out subpart 5.
Part B--Native Hawaiians
New section 9202--Findings. This section sets forth
Congressional findings regarding Native Hawaiians and education
and includes new findings that reflect the new legal position
ofthe United States relative to the status of Native Hawaiians
as set forth in the brief filed by the United States in the U.S.
Supreme Court on July 28, 1999.
New section 9204--Native Hawaiian Education Council and
Island Councils. This section authorizes the Secretary to make
direct grants to Native Hawaiian educational organizations;
provides that the Native Hawaiian Education Council will be
reduced to 21 members; changes the composition, appointment,
terms of Council members; and authorizes seven Island councils,
so that each island will now have its own council.
New section 9205--Program Authorized. This section
consolidates the following programs: the Family-Based Education
Centers program; the Higher Education program; the Gifted and
Talented; Curriculum Development, Teacher Training and
Recruitment program; and Community-Based Education Learning
Center into a single authority and adds three new permissible
activities: family literacy services; activities which enhance
beginning reading and literacy among K-3rd grade; and early
education and care services for children pre-natal to age 5.
New section 9205 also establishes priorities for the award of
contracts or grants; includes special rules and conditions;
provides that qualified Native Hawaiian student attending a
post-secondary institution outside the State of Hawaii shall
not be prevented from receiving a fellowship; that individuals
who receive a fellowship are required to serve the Native
Hawaiian community either during their fellowship period or
upon completion of the program of post-secondary education. New
section 9205 also limits the amount of funds spent on
administrative costs to not more than 5 percent and authorizes
$23 million for fiscal year 2001 and such sums as may be
necessary for the 4 succeeding fiscal years for these
activities.
Part C--Alaska Native Education
New section 9304--Program Authorized. This section
consolidates the following programs serving Alaska Native
children and adults: The Educational Planning, Curriculum,
Development, Teacher Training, and Recruitment program; Home-
Based Education for Preschool Children program; and Student
Enrichment Programs into a single authority and adds family
literacy services as an additional activity. New section 9304
also limits the amount of funds spent on administrative costs
to not more than 5 percent and authorizes $17 million for
fiscal year 2001 and such sums as may be necessary for the 4
succeeding fiscal years for these activities.
Title X--General Provisions
Part A--Uniform Provisions
Section 10001--Uniform Provisions. This section amends
title X of the act by: transferring the ``Fund for the
Improvement of Education,'' currently part A of title X to part
G of title V; transferring ``Uniform Provisions,'' currently
Part E of title XIV to part A of title X; making minor drafting
changes to update references for consistency and clarification;
and renaming title X as ``General Provisions'' and part A as
``Uniform Provisions.''
Section 10115--Construction. This section amends current
law by inserting a provision stating that nothing in this act
shall be construed to prohibit recruiters for the Armed Forces
of the United States from receiving the same access to and
information concerning secondary school students, as is
provided to postsecondary educational institutions or
prospective employers of such students.
Section 10002--Evaluations. This section of the bill amends
``Evaluations'' which is currently authorized as part G of
title XIV of the act, and transfers it to part B of title X.
Part B--Evaluations
Section 10201--Evaluations. This section requires the
Secretary to: carry out comprehensive evaluations of all
programs and demonstration projects; evaluate the cost-
efficiencies of Federal elementary and secondary education
programs; assess the impact of programs in relation to student
and school performance; and disseminate broadly the results of
these evaluations.
Section 10201(b)(1)(D) amends current law by requiring the
Secretary to provide for a study conducted by the National
Academy of Sciences regarding the relationship between time and
learning which shall include an analysis on the impact of
increasing education time on student learning; an analysis of
how schools, teachers and students use time and the quality of
instructional activities; an analysis of how time outside of
school may be used to enhance student learning; and cost
estimates for increasing time in school.
Section 10003--America's Education Goals. This section of
the bill amends ``National Education Goals'' which is currently
authorized as title I of the Goals 2000: Educate America Act,
and transfers it to part C of title X of this act.
Part C--America's Education Goals
Section 10301--America's Education Goals. This section
reauthorizes and retains current law with respect to the
National Education Goals, renaming the provision as ``America's
Education Goals'' and deleting references to completing the
goals by the year 2000.
Section 10004--America's Education Goals Panel. This
section of the bill amends the ``National Education Goals
Panel'' which is currently authorized as part A, title II of
the Goals 2000: Educate America Act, and transfers it to part D
of title X of this act.
Part D--America's Education Goals Panel
Section 10401--America's Education Goals Panel. This
section reauthorizes the National Education Goals Panel,
renaming the panel as ``America's Education Goals Panel.'' The
Goals Panel shall work with the Secretary to disseminate
information regarding best practices. A funding level of $2.5
million is authorized for fiscal year 2001 and ``such sums as
may benecessary'' for the 4 succeeding fiscal years to carry
out this part. In addition, each individual who is a member or an
employee of the Goals Panel on the date of enactment of this title,
shall continue to be a member or employee without interruption or loss
of service or status.
Section 10005--Comprehensive Regional Assistance Centers.
This section of the bill amends title V by adding the
following:
Part E--Comprehensive Regional Assistance Centers
Section 10501--Program Authorized. This section authorizes
the Secretary to award grants to public or private nonprofit
entities in order to establish a networked system of 15
comprehensive regional assistance centers to provide
comprehensive training and technical assistance, related to
administration and implementation of programs under this act,
to States, local educational agencies, schools, tribes,
community-based organizations, and other recipients of funds
under this act.
Section 10501(a)(2) specifies that in establishing the
Centers, the Secretary shall consider the geographic
distribution of students assisted under title I, students of
limited-English proficiency, and Indian students; and the
special needs of students living in urban and rural areas, and
States and outlying areas in geographic isolation.
Section 10501(a)(3) states that one Center shall be
established in Hawaii.
Section 10501(b) requires the Secretary to ensure that each
Center serving a region with a significant population of Indian
or Alaska Native students shall be awarded to a consortium
which includes a tribally controlled community college or other
Indian organization and assist in the development and
implementation of instructional strategies, methods and
materials which address the specific cultural and other needs
of Indian or Alaska Native students.
Section 10501(c) requires the Secretary to ensure the
quality and effectiveness of the networked system of
comprehensive regional assistance centers supported under this
part.
Section 10501(d) states that grants under this section
shall be awarded for a period of 5 years.
Section 10502--Requirements of Comprehensive Regional
Assistance Centers. This section requires Centers established
under this part to: (1) maintain appropriate staff expertise
and provide support, training, and assistance to State
educational agencies, tribal divisions of education, local
educational agencies, schools, and other grant recipients to
meet the needs of children served under this act; (2) ensure
that technical assistance staff have sufficient training,
knowledge, and expertise in how to integrate and coordinate
programs under this act; (3) provide technical assistance using
the highest quality and most cost-effective strategies
possible; (4) coordinate services, work cooperatively, and
share information with the regional educational laboratories,
research and development centers, State literacy centers, and
other entities; (5) work collaboratively with the Department's
regional offices; (6) consult with representatives of State
educational agencies and local educational agencies; (7)
provide services to States, local educational agencies, tribes,
and schools in order to better implement the purposes of this
part; and (8) provide professional development services to
State educational agencies and local educational agencies to
increase the capacity of such entities to provide high-quality
technical assistance in support of programs under this act.
Section 10503--Maintenance of Service and Application
Requirements. This section requires the Secretary to ensure
that the Centers provide technical assistance services that
address the needs of educationally disadvantaged students.
Section 10503(b) requires entities seeking assistance under
this part to submit an application to the Secretary
demonstrating how the Center will provide expertise and
services in the areas described in section 10502, and work to
conduct outreach to local educational agencies. The application
shall also demonstrate support from States, local educational
agencies and tribes, and demonstrate how such centers will
ensure a fair distribution of services to urban and rural
areas.
Section 10504--Transition. This section authorizes the
Secretary to use funds appropriated under this part to extend
or continue contracts and grants for existing Centers and to
take necessary steps to ensure a smooth transition of services
provided under this part so that services are not interrupted,
curtailed, or diminished.
Section 10505--Authorization of Appropriations. This
section authorizes a funding level of $70 million for fiscal
year 2001 and ``such sums as may be necessary'' for the 4
succeeding fiscal years in order to carry out this part.
Section 10506--Repeals. This section repeals parts F
through K of title X, and titles XI, XII, XIII, and XIV of
current law.
Title XI--Amendments to Other Laws
Part A--Repeals
Section 11101--Goals 2000: Educate America Act. Section
11101 of the bill repeals the Goals 2000: Educate America Act.
Section 11102--Higher Education Amendments of 1998. Section
11102 of the bill repeals the Advanced Placement Incentive
Program currently authorized as Part B of title VIII of the
Higher Education Amendments of 1998. The program is replaced by
new provisions included as a new part E of title III of the
Elementary and Secondary Education Act.
Part B--Education for Homeless Children and Youth
Part B of the bill amends the Education for Homeless
Children and Youth authorized as Subtitle B of Title VII of the
Stewart D. McKinney Homeless Assistance Act.
Section 11201--Statement of Policy. Section 11201 of the
bill amends section 721 of the act to state that homelessness
alone is not sufficient reason to separate students from the
mainstream school environment.
Section 11202--Grants for State and Local Activities.
Section 11202(1) of the bill amends section 722(c) of the act
to eliminate Palau as part of those receiving reserved funds
and to drop the reference to Palau in the definitions.
Section 11202(2) amends section 722(e) of the act to add a
new paragraph (3) to prohibit the segregation of homeless
students. A State is required to provide a free public
education to a homeless child or youth, and it may not
segregate such child or youth, either in separate school, or in
a separate program within a school, based on such child or
youth's status as homeless, except as provided in cases of
health or safety emergency or to provide special or
supplementary services to those children.
Section 11202(3) amends section 722(f) of the act, which
deals with the functions of the Coordinator of Education of
Homeless Children and Youth in each State, to: (1) strike the
provision that the coordinator estimate the number of homeless
children in the state, and/or the number of youth served under
this subtitle; (2) permit the Secretary to set reporting dates
for the collection and transmittal of data the coordinator
gathers; (3) clarify the coordination of services provisions,
emphasizing not only ``coordination'' but also
``collaboration'' of services; and (4) add local educational
agency liaisons for homeless children and youth and community
organizations representing such children and their families
among those in the coordination/ collaboration effort.
Section 11202(4)(A) amends section 722(g)(1) of the act,
which deals with State plans, to strengthen assurances that
homeless children will not be isolated or stigmatized and to
provide that local educational agencies serving homeless
children and youth designate an appropriate staff person (who
may also be in charge of administering other Federal programs)
to serve as liaison for homeless children and youth and post
public notice of the educational rights of such children and
youth in locations such as family shelters, and soup kitchens.
Section 11202(4)(B) amends section 722(g)(3) of the act,
which deals with local educational agency requirements, to
expand provisions related to school of origin and to provide
for prompt enrollment. A child who becomes homeless is to be
served in the school of origin for the duration of the child's
homelessness, rather than for the remainder of the academic
year. A child who becomes permanently housed is to be served in
the school of origin for the remainder of the school year. (The
current option of enrolling the child in the attendance area
where he or she is actually living is retained.) To the extent
feasible, a local educational agency must keep a student in the
school of origin except when that is contrary to the wishes of
the parent or guardian. The bill includes a new requirement
that a written explanation be provided to the parent or
guardian if the child is sent to a school other than the school
of origin or the school requested by the parent or guardian. In
addition, the bill adds a new provision stipulating that a
school must immediately enroll homeless youth, even if they are
unable to produce required records. The new school must also
contact the old school for the records and refer the child to
proper place for immunization if he or she lacks needed shots.
Section 11202(4)(C) amends section 722(g)(6) of the act,
which deals with coordination of services, to consolidate
current law provisions regarding coordination of agencies and
programs and to add language stating the purpose of
coordination, which is to ensure that homeless children and
youth have access to available education and related support
services and to raise the awareness of school personnel and
service providers of the effects of short-term stays in a
shelter and other challenges associated with homeless children
and youth.
Section 11202(4)(D) amends section 722(g)(7) of the act,
which deals with the local educational agency liaison, to add
provisions that the liaison ensure that: (1) homeless youth
have full and equal opportunity to succeed; (2) parents are
informed of the education and related opportunities available
to their children and are provided with the opportunity to
participate in the education of their children; and (3) public
notice of the educational rights of homeless children and youth
is posted at places such as family shelters and soup kitchens.
The bill also includes new provisions requiring local liaisons
to coordinate and collaborate with state coordinators and
community/school personnel responsible for the education of
homeless children and youth and to assist in the resolution of
disputes.
Section 11203--Local Educational Agency Grants. Section
11203(1) of the bill amends section 723(a) of the act, which
deals with the services provided by local educational agencies,
to clarify current law provisions and to prohibit the
segregation of homeless children and youth from the general
education population except as is necessary for health and
safety emergencies or to provide temporary, special,
supplementary services.
Section 11203(2) of the bill amends section 723(b) of the
act, which deals with local applications, to add a requirement
that the application include an assessment of the educational
and related needs of homeless youth (which can be undertaken as
a part of needs assessment for other disadvantaged groups).
Section 11203(3) of the bill amends section 723(c) of the
act, which deals with grant awards to local educational
agencies, to provide that grants be awarded on a competitive
basis and that grant awards be based on both need and on the
quality of the application. Factors to be considered in
determining quality include: (1) needs assessment and the
likelihood the program will meet those needs; (2) the types,
intensity, and coordination of services; (3) involvement of
parents; (4) integration of homeless students; (4) quality of
evaluation plans; (5) how services under this title will be
coordinated with other services; and (6) other indicators as
established by the State educational agency.
Section 11204--Secretarial Responsibilities. Section 11204
of the bill amends section 724 of the act to add new provisions
requiring the Secretary to issue guidelines regarding the
immediate enrollment of homeless children and youth and to
collect data regarding homeless education. In addition, the
reporting requirement is updated, and not later than 4 years
after enactment, the Secretary is to prepare and submit to the
President and appropriate congressional committees a report on
the status of education of homeless youth, which includes
information on the actions of the Department and the
effectiveness of programs supported under this subtitle.
Specifically, the Secretary is to publish in the Federal
Register, not later than 60 days after date of enactment,
guidelines to States describing ways in which a State may
assist local educational agencies in immediately enrolling
homeless students and how States can review their immunization
and medical or school records to make such revisions as
appropriate and necessary in order to more quickly enroll
homeless students. Under the new information provisions, the
Secretary to periodically collect and disseminate data
regarding the number and locale of homeless youth, the
education and services provided, the extent to which needs are
being met, and other data needed to carry out homeless
education programs. The Secretary is to coordinate such
collection and dissemination with all entities that receive and
administer programs for the education of homeless children and
youth.
Section 11205--Definitions. Section 11205 of the bill
amends section 725 of the act to include definitions of ``local
educational agency'' and ``State educational agency.''
Section 11206--Authorization of Appropriations. Section
11206 of the bill amends section 726 of the act to authorize a
funding level of $40 million for fiscal year 2001 and ``such
sums as may be necessary'' for each of the 4 succeeding fiscal
years.
Part C--Albert Einstein Distinguished Educator Fellowship Act
Section 11301 of the bill amends the Albert Einstein
Distinguished Educator Act of 1994, which is part A of title V
of the Improving America's Schools Act of 1994. This program is
administered by the Secretary of Energy and supports
fellowships for 12 elementary or secondary school mathematics
or science teachers each fiscal year in the Senate, House, and
specified Federal agencies. Two revisions are made to the
current provisions of the act: (1) The order of priority
provisions, which provide for the order of placement of fellows
in fiscal years where funding is not sufficient to support 12
fellows, are amended to specify that first priority will be
given to the placement of 2--rather than 3--fellows in the
Department of Energy; and (2) a funding level of $700,000 is
authorized for fiscal year 2001 and ``such sums as may be
necessary'' for each of the 4 succeeding fiscal years.
IX. ADDITIONAL VIEWS
----------
Additional Views of Senator Collins
I strongly support many of the provisions of S. 2,
especially the opportunity for greater flexibility in the use
of Federal education grants and the stronger emphasis on State
and local accountability for student performance. The bill
approved by the committee gives States and local school
districts options and flexibility in the use of Federal funding
which will allow them to meet local needs.
Specifically, the committee decided to allow States to
select one of three alternatives to receive federal funds. They
can either: (1) continue under the traditional ESEA approach of
receiving formula grants for specific Federal programs for
specific purposes and applying for competitive grants; (2)
apply to the Secretary of Education to enter into a
``Performance Partnership,'' which gives them somewhat more
flexibility than under current law; or (3) apply to be 1 of 15
States to have much more flexibility in spending Federal funds
in return for strict accountability focused on student
achievement. This is called the ``Academic Achievement for
All''or ``Straight A's'' program.
No matter how a State decides to receive its funding, the
State, all local education agencies, and all schools are held
accountable for student performance. The committee's bill
requires that all students must achieve adequate progress each
year in order to meet the State's definition of proficiency
within 10 years. Furthermore, the legislation clearly outlines
the corrective actions that must be taken when schools or
education agencies fail to meet this goal, and it gives States
greater resources to help struggling schools.
The Straight A's program offers the most promise of
innovative local efforts to improve public education for all
children. I am concerned, however, that its language could be
interpreted to authorize states to use federal funds for
vouchers for private schools. Although the language does not
explicitly allow this use, the committee debate suggested that
it could be interpreted as allowing for vouchers. I am opposed
to the use of Federal funds for private school vouchers, and I
believe that the language of the Academic Achievement for All
program must be modified to prevent this potential diversion of
Federal funds to private schools. I intend to offer or support
a floor amendment to make certain that language in S. 2 clearly
prohibits Federal funding of private school vouchers.
Susan M. Collins.
Additional Views of Senators Gregg, Frist, Hutchinson, Brownback,
hagel, and Sessions
academic achievement for all act (straight a's)
Straight A's, permits 15 interested States and school
districts to enter into an agreement with the Secretary of
Education in which the States agree to specific academic
improvements for their lowest performing students in return for
the ability to consolidate their share of Federal funds to
better serve their neediest students. This flexibility in
return for accountability model is based on the successful
charter school model.
Straight A's is a voluntary demonstration program. No State
would be forced into Straight A's, rather only those States
with an interest in this innovative education reform and a
willingness to be held accountable for reducing the achievement
gap between the most disadvantaged and advantaged students
would participate.
Under current law, States are not held accountable for
increasing student performance, nor are they required to
increase student achievement for their most disadvantaged
students. In fact, under current law, States and school
districts may use aggregate scores to mask achievement gaps
between disadvantaged and nondisadvantaged children. Current
law merely requires States to have some accountability system
in place, it doesn't require States to improve student
achievement or to demonstrate any measurable gains from Federal
programs.
Straight A's is modeled after the most highly touted
accountability system in the Nation--Texas. Harvard
University's Civil Rights Project cited research that found
Texas' accountability measures led to greater achievement by
poor and minority students. In fact, Texas has seen the most
significant gains in student achievement and reducing the
achievement gap in the Nation.
Unlike current law, the 15 States who choose to participate
in Straight A's would be required to establish specific,
numeric goals for improving student performance for all
children. For the first time, States would be required to set
specific academic goals for every major race and ethnic group,
for economically disadvantaged students, for students with
limited English proficiency and for migrant students and then
be held accountable for meeting those goals. Establishing
specific goals for the neediest students was the foundation of
Texas's accountability system and is carried over to the
Straight A's accountability system.
Under Straight A's, States are required to establish
specific goals for increased student performance of their most
disadvantaged students and to also stipulate exactly how much
they will reduce the achievement gap between their highest and
lowest performing students. The original purpose of Title I was
to reduce the achievement gap. Unfortunately, 35 years later,
the achievement gap has widened and poor children remain 2-4
grade levels behind their peers in reading and math. Despite
this disturbing data, Title I does not require States or school
districts to reduce the achievement gap. Under Straight A's,
States and school districts would have to commit to reducing
the achievement gap.
Furthermore, unlike current law, Straight A's includes a
deadline for increased student improvement--it requires States
to reduce the achievement gap and to improve student
achievement for all students within 5 years. If after 3 years,
States and school districts have not made significant strides
in meeting their student academic performance measures, the
Secretary of Education may terminate the charter. If States
don't meet those performance measures after 5 years, they lose
a portion of their Federal funding.
Straight A's compels participating States and school
districts to increase student achievement for disadvantaged
children. For the first time, States will be held accountable
for academic achievement and they will be rewarded for
improving student performance or penalized for failing to meet
their goals of increased performance.
Straight A's has been called a voucher and a block grant by
its opponents. Neither charge is merited. Straight A's is
completely neutral toward vouchers, neither adding to, nor
subtracting from State laws in this area. Current law contains
no prohibition on vouchers, leaving that decision to States,
and Straight A's merely continues this practice.
Straight A's is clearly not a block grant. No programs are
repealed, consolidated or folded into Straight A's. Rather,
States are given the option of consolidating some of their
Federal funds to better support their reform efforts aimed at
increasing student achievement.
Straight A's reform model is based on the belief that
States and local school districts can be trusted with education
decision making. States and locals have led the way in popular
and effective education reform initiatives. Charter schools,
school performance report cards and merit pay for teachers are
just a few examples of education reforms that began in the
States.
A 1998 National Education Goals Panel Report reported on
the rapid achievement gains in NC and TX. The study did not
attribute gains to Federal programs. ``The Study concludes that
the most plausible explanation for test score gains are found
in the policy environment established in each State.'' Straight
A's recognizes that States, when freed from burdensome
regulations, can make significant educational reforms and
improve student performance.
Under welfare, States were provided financial incentives
and increased flexibility in return for a commitment to reduce
the welfare rolls. Due to State policies and commitment, the
number of individuals on welfare has decreased 50 percent over
five years. (In 1994, 5 million people were on welfare, in
1999, only 2.5 million people were on welfare).
If reform-minded States can reduce the number of people on
welfare by 50 percent in 5 years, we certainly think we should
give them the opportunity to reduce the number of disadvantaged
children who can't read at grade level. Straight A's provides
this opportunity.
Straight A's isn't for everyone, but it is for 15 States
and we have already heard from 15 Governors who wish to
participate in Straight A's. Straight A's frees States and
schools districts from federal rules, regulations and
paperwork, in return States agree to have the Federal
government hold them accountable for substantially increasing
student achievement for disadvantaged students and for reducing
the achievement gap in 5 years. Furthermore, it puts access to
Federal dollars on the line, because at the end of 5 years you
either win or lose Federal funding based on student
achievement--not class-size, not technology, not-after school
care--but on student achievement and student achievement alone.
Judd Gregg.
Tim Hutchinson.
Chuck Hagel.
Bill Frist.
Sam Brownback.
Jeff Sessions.
Additional Views of Senators Gregg, Frist, Hutchinson, Brownback,
Hagel, and Sessions
child centered funding
The reported bill would allow States and school districts,
at their discretion, to convert Title I from a school-based
program to a child-centered program in which the money follows
the child to the public school they attend. Currently, Title I
is a school based program. Fully 1/3 of eligible disadvantaged
children never receive Title I services, not for lack of funds,
but rather due to a financing system which sends money to
schools, not students.
Title I is the largest Federal education program. It was
created to address the educational needs of disadvantaged
students and to reduce the achievement gap between
disadvantaged and advantaged students. While every child has
access to a public school, 70 percent of children in high
poverty schools score below even the most basic level of
reading. Children in high poverty schools are two grade levels
behind their peers in math and three to four grade levels
behind in reading. A disadvantaged child only has a 50/50
chance of even graduating. These are not issues of aptitude but
the quality of schools these children attend.
The disparity in the quality of schools disproportionally
impacts poor students who lack educational alternatives. Since
ESEA's Title I programs are by far the largest source of
Federal assistance for disadvantaged students, any ESEA
reauthorization process should be aimed at improving education
for Title I students.
The very serious and real problem of under-serving our
neediest students can be alleviated, to some extent, by giving
States and school districts the freedom to establish a per
pupil amount for each eligible child (portability). This amount
may be used at the school the child attends or, if the child is
not receiving the services they need at school, the child's
parents may ask that the child's per pupil amount be used to
purchase supplemental services from another school or tutorial
assistance provider, such as a Sylvan learning center.
This type of child-centered program creates a much needed
market for change. Parents would have the ability to take their
Federal dollars out of a school that is not using them
effectively and purchase services somewhere else. Parents would
have the power to choose the best program for their child.
Under portability, families are empowered and schools are
compelled to improve in order to keep their students.
Critics assert that changing Title I to a child-centered
program would drain resources away from poor public schools.
Rather than draining resources, portability actually ensures
for the first time that each eligible child get the services
they are entitled to. Under current law, the number of unserved
children is compounded in urban areas. In order to receive
supplemental services, a disadvantaged child in Houston has to
be enrolled in a school where 70 percent of the students are
below the poverty line. In Philadelphia, only children in
schools where 65 percent of the student population are poor
receive services. In both cases, if you are an eligible child
who doesn't happen to be enrolled in a designated Title I
school you do not receive the Title I dollars you are entitled
to. In most large cities, hundreds, if not thousands, of poor
children do not receive the educational assistance to which
they are entitled.
Under a child-centered funding stream, schools who enroll
the largest number of poor children receive the most money.
This amendment is actually a fairer way to distribute funds
because it ensures that all eligible children receive services,
while simultaneously concentrating dollars on high poverty
schools. Schools will only see a decrease in Title I dollars if
they don't have as many low income (eligible) children--this is
how it should be. Money should be going to benefit the needy
student, not guaranteed to certain schools.
Furthermore, portability includes a $500 million
authorization to ensure that all eligible children in a
participating State or district receives their share of Title I
dollars. We support a significant increase in Title I funding
to ensure all eligible children are served, but in return for
this increase, we believe that States and districts should be
able to redirect their Title I dollars to the neediest
students.
Portability specifically requires participating States and
school districts to improve the achievement levels of their
disadvantaged students. States and districts would have to
establish specific educational goals and a system to measure
academic progress of all Title I students. In addition, States
and schools would be required to submit student performance
data, disaggregated by race, family income, gender and limited
English proficiency, to the Secretary. The bill also requires
that GAO conduct an evaluation of participating States and
school districts. GAO will examine the impact a child-centered
program will have on student achievement and parental
satisfaction.
Portability is a new option for States and school
districts. Up to 10 States and 20 districts may participate,
but only if they choose to participate, and only if they are
willing to be held accountable for improving the performance of
their most disadvantaged children. Although portability is only
an option, it does do 3 very important things: it provides
greater accountability than under current law, ensures that all
eligible children receive Title I dollars, and provides parents
with real options so that if they are unhappy with the service
their child is receiving, they can request that their child
receive services from another provider.
Some critics have alleged that portability is a voucher
program. That is not true. Under a child-centered program,
parents are not permitted to use their child's per pupil amount
to cover cost of admission at a private school. Rather, a
parent may move their child to a better performing public
school or use their child's per pupil amount to access tutorial
services by a private provider such as a Sylvan learning
center. Current law already allows this type of limited access
to private providers in the Reading Excellence Act.
These same critics want to prevent children from accessing
education services from anywhere else other than the schools.
Despite the fact that over 7,000 schools have been identified
as failing and some as long as 4, 6 and even 10 years, critics
of portability would rather have children stuck in these
schools, than give a few States and school districts the
freedom to use Title I dollars to allow poor parents to access
tutorial services from private providers.
On the issue of tutorial service providers, Democrats
assert that the per-pupil amount would be so small that parents
couldn't access tutorial services. They're wrong. The average
per-pupil expenditure, which is between $400-$600, could be
used for weekly tutoring services from the very successful
Sylvan learning Center for an entire school year or summer
school.
Portability provides a monetary incentive for schools to
improve educational services to disadvantaged children. Good
schools will be rewarded, failing schools will be forced to
improve, and families will have more options.
Judd Gregg.
Tim Hutchinson.
Chuck Hagel.
Bill Frist.
Sam Brownback.
Jeff Sessions.
X. MINORITY VIEWS
----------
Minority Views of Senators Kennedy, Dodd, Harkin, Mikulski, Bingaman,
Wellstone, Murray, and Reed
In the early days of the Republic, our Nation's founders
placed the establishment of public schools among the highest
priorities for our young nation. Thomas Jefferson--one of the
earliest and most ardent advocates of public schools--stated
that ``it is * * * imperative that the Nation see to it that a
suitable education be provided for all its citizens.''
It is our view that many of our Nation's public schools
have fallen short of this great goal in recent times. Ninety
percent of American children attend public schools. We owe it
to them to ensure that every public school and every teacher is
able to help all school children in the nation reach their full
potential.
From its beginnings, the Federal Government's investments
in education have centered on providing opportunities for
individuals and achievements for the Nation. Because education
has improved the quality of life for generations of American
families, it should marshal the best of the Nation's resources
and talent, and be one of the top priorities on our national
agenda. The Federal role in education is narrow in scope, to
allow for maximum State and local initiative, but the Federal
Government has unique responsibilities as well:
It must meet the overarching needs that no average
parent, community or State can satisfy on their own,
particularly the needs of the most disadvantaged
families and communities;
It must invest in educational statistics, research,
and development to chart national progress in
education, create innovations for schools, and improve
communication among all participants in education at
all levels--Federal, State, and local.
It must extend educational opportunities and
innovations to those who otherwise would be left out.
It must provide targeted leadership, technical
assistance, and financial support for areas where
national needs have been identified, so that all
Americans have access to the support they need to
improve education in their schools.
Within these roles, families, communities, and States still
retain the primary responsibility for deciding how to educate
children and how to pay for that education. But, how well they
perform that role is a matter of great national interest. The
Nation depends upon them to provide an education that
contributes to the overall well-being of the country. For
example, public expectations were expressed in 1989 in the form
of national education goals, not Federal Government goals but
national goals. States and local communities should adopt these
goals and make them their own, because they have the ultimate
responsibility to meet them.
Members of the majority argue that, because states have
paramount responsibilities for education, the Federal
Government should have a diminished role. This argument ignores
the nation's vital interest in education--an interest as
fundamental as the Nation's interest in its security and
economy. Others say that, since federal spending is such a
small part of the overall total spent on education, the federal
role is relatively unimportant. It is true that the Federal
financial role is small. Only about 8 percent of overall
government spending for elementary and secondary schools comes
from the Federal Government. But to say that the federal role
can be downgraded because of this fact is to ignore the major
benefit that these funds have provided.
Six years ago, Congress and President Clinton took urgent
steps to begin to turn around failing schools. In the
reauthorization of the Elementary and Secondary Education Act
in 1994, and with passage that year of the GOALS 2000
legislation, we established bold new goals for schools to
prepare children to succeed in today's world by mastering the
basics and reaching high standards of achievement.
These were important actions that launched changes in
schools across America. We need to build on the progress we
have made in recent years. But more change is necessary--much
more--if we are to turn around failing schools and give
students the education they need and deserve.
We believe the committee should have--and could have--acted
together, and can still act together, to strengthen and expand
the federal helping hand to support innovative change and help
all children meet high standards of achievement.
In recent years, we have set the stage for major further
reforms, helping states put high standards and genuine
accountability in place. We know we can do more to bring these
reforms to life in every classroom across the country. The need
is urgent, and we can't stop now. Too many schools and the
children in them are in urgent need of help.
During the committee's deliberations, we put forward common
sense proposals to empower parents and strengthen the
partnership between the Federal Government, the states, and
local schools.
We want to work with parents and communities to improve
public schools. We cannot afford to stand on the sidelines and
watch schools fail, when we can do so much more to help parents
and communities achieve better results for their children and
their schools.
We want to help schools put a qualified teacher in every
classroom, and provide every new teacher with a qualified
mentor. We want to help reduce class sizes, so that students
get the individual attention they need and teachers can
maintain better discipline and concentrate more effectively on
teaching and learning. We want to help communities build modern
schools, where all students will be safe and can learn cutting-
edge technologies. We want to help communities expand after-
school activities to keep children off the streets and out of
trouble, and stay on top of their studies.
We want to work to increase the federal investment in
education to help states, communities, and schools rescue
failing schools, deal with rising enrollments, meet the
demandsof higher standards of achievement, and address the challenges
of diversity and poverty in the nation's schools. We need to do all we
can to target resources to the neediest communities, so that the most
disadvantaged students get a good education.
We should also require states, districts, and schools, in
spending federal funds for education, to use strategies that
have proven effective--no fancy schemes or risky ventures, just
programs and initiatives with a proven track record of success.
We should do more to see that schools are held accountable for
doing what it takes to help all children meet high standards of
achievement. That means closing the achievement gap between
minority and non-minority students--between poor and non-poor
students--and between English-speaking students and those with
limited proficiency in English.
Schools should be held accountable for ensuring a qualified
teacher, one who is trained in both content and teaching
methods, in every classroom. We need greater parental
involvement in schools. Parents and the general public can help
make schools accountable if they receive better information
about the quality of their schools and the progress by their
schools in meeting goals for student achievement.
This kind of partnership ensures that the federal
government will be a strong helping hand for states,
communities, schools, parents, and children. It will help to
ensure that the neediest students receive the help they
deserve. It is the right direction for education, and the right
direction for the nation.
Parents and educators know from experience that these
common sense initiatives will work--smaller classes, better
teachers, more parental involvement, safer modern schools, and
holding schools accountable for results. We are prepared to
provide the resources to local schools and work hand-in-hand
with parents to make these initiatives a reality.
We believe that we owe the nation's children no less. But,
unfortunately, the legislation adopted by the committee fails
children, fails parents, and fails to assure change and
improvement in troubled public schools.
We have an opportunity to build on recent progress and
invest in programs that we know will bring about change. But
the committee bill simply throws money at the problem in the
form of block grants, sets up vague guidelines, and hopes
things will get better. As Senator Murray noted during the
committee's deliberations, we owe our children more than just
``blind faith.''
To make matters worse, instead of improving public schools,
the committee bill allows the transfer of scarce federal
education dollars away from public schools into private school
vouchers.
We are disappointed that the committee bill fundamentally
turns its back on public schools and the nation's
schoolchildren. At best, it endorses the status quo, and at
worst, it back-tracks on our commitment to the neediest
children and schools.
For these reasons, we voted ``no.'' The needs of public
schools are too great. We intend to press forward to strengthen
public schools.
Overview of ESEA Reform Since the Bipartisan 1994 Reauthorization
Standards-Based Reform Is Working
In 1994, President Clinton and the Congress completed a
major overhaul of the federal role in education through the
reauthorization of the Elementary and Secondary Education Act
and the enactment of the Goals 2000 Act with strong bipartisan
support. For the first time, we established the clear
expectation that all children can and should reach high
standards. The Acts included provisions to improve teaching and
learning, increase flexibility and accountability, strengthen
parent and community involvement, and target resources to the
highest poverty schools and communities. The 1994 statutes sent
a clear message that the status quo was unacceptable and that
major changes were needed in our education system. They
provided increased flexibility to facilitate these changes, in
exchange for greater accountability for improving student
achievement. Largely because of these statutes, states have put
in place standards and assessments.
There is strong evidence that the new emphasis in federal
education statutes, particularly the emphasis on high
standards, systemic reform, and new flexibility to innovate,
has helped states, districts, and schools carry out the
difficult work of education reform.
Student achievement is improving.
Schools are becoming safer.
Most states, districts, and schools agree that
federal education programs provide them with more than
enough flexibility to improve their schools.
Student Achievement Is Improving--But There Is Still More To Be Done
The National Assessment of Educational Progress (NAEP), has
shown significant increases in math scores at the 4th, 8th, and
12th grades. Reading and math performance among nine-year-olds
in high-poverty public schools and among the lowest-achieving
fourth-graders has improved significantly.
The achievement gap between black and Hispanic students and
white students has narrowed since 1982; the greatest gains in
science were made by black and Hispanic students.
Average SAT scores--math and verbal--were higher in 1999
than the averages for either 1983 or 1989. These improvements
come at the same time that the proportion of test-takers with a
native language other than English has been increasing (to 8
percent in 1999). ACT scores are continuing a 10-year trend of
stable or increasing scores, at the same time that record
numbers of students are taking the exams.
More students are staying in school and taking challenging
courses. Dropout rates are lower today than in the 1970's and
1980's, and are particularly lower for black youth. In 1972, 21
percent of black students dropped out of school. By 1997, that
rate was down to 13%. For Hispanics, the rate fell from 34
percent to 25 percent. It fell from 12% to 8% for whites. In
1997, 89 percent of persons age 16-24 had completed high school
or attained a GED.
Today's students are taking more challenging courses than
the students of the 1980s. The percentage of students
completing a core curriculum that includes 4 years of English
and 3 years each of social studies, science, and mathematics
more than tripled between 1982 and 1994. Similarly, the
percentage of students taking higher-level courses such as
algebra II, trigonometry, chemistry, and physics has increased
significantly. For example, in 1982, 36 percent of all students
were enrolled in Algebra II. In 1994, that rate was 58 percent.
The increase was even more dramatic for black students (24
percent to 44 percent) and Hispanic students (20 percent to 50
percent). The number of advanced placement exams taken by high
school students nearly tripled between 1984 and 1997.
College attendance is at an all time high and is increasing
for all students. College enrollment for high school graduates
(ages 16-24) has increased from 53 percent in 1983 to 67
percent in 1997. The increase has been particularly significant
for blacks (39 percent to 60 percent), Hispanics (54 percent to
66 percent), and women (55 percent to 68 percent). College
completion is also on the increase. In 1998, 31 percent of
adults age 25-29 had completed a bachelor's degree.
North Carolina, for example, has made exceptional gains in
math and reading on the National Assessment of Educational
Progress between 1992 and 1996. A recent study by Rand
researchers concluded that the most plausible explanation for
the gains in test scores in the state is its aligned system of
standards, curriculum, and assessments, and its efforts to hold
schools accountable for the improvement of all students.
Three-year trends reported by states and districts show
progress in the percentage of students in the highest-poverty
schools meeting state standards for proficiency in mathematics
and reading. Across the country, in urban and rural schools,
among poor and minority students, and across content areas,
academic performance is improving.
Schools Are Becoming Safer--Though We Still Have a Way To Go
The Annual Report on School Safety for 1999 concluded that
nationally, schools--compared to the community or the home--are
safe places, and that students in school today are not
significantly more likely to be victimized than in previous
years.
The overall school crime rate decreased from 1993 to 1997.
Crime in school facilities or on the way to or from school has
fallen. Most school crime is theft, not violent crime.
The percentage of high school students who carried a weapon
on school property or were involved in a physical fight at
school has decreased significantly since 1993.
States and school districts are becoming increasingly
attentive to the need to ensure that all students attend
schools where they are known by and feel connected to adults in
the school.
States, Districts, and Schools Have the Flexibility They Need to Carry
Out Reform
In 1994, under the leadership of President Clinton, many
innovative ways to make federal support for education more
flexible were included in ESEA. Consolidated plans, additional
schoolwide programs, consolidated administrative funding, broad
waiver authority, and the ED-Flex program have reduced
burdensome paperwork and other requirements, in exchange for
focusing on better results for students.
The Clinton Administration also took a leadership role in
reducing unnecessary regulations and increasing regulatory
flexibility. In 1994, before the reauthorization of ESEA, the
Department of Education had 42 sets of regulations that
governed elementary and secondary education. That number has
been reduced to 10 since 1994. The two largest of the remaining
of regulations, Title I, Part A and Impact Aid, have both been
significantly reduced from their pre-1995 sizes. For example,
Title I regulations have been cut from 54 pages to 24 pages.
In addition, in the implementation of the 1994
reauthorization, through the mechanism of the consolidated
plans provision in Title XIV of ESEA, which offers an
alternative to filing individual program applications, the
burden on state and local governments was greatly reduced.
State educational agencies no longer have to file specific
program applications. The consolidated plan provisions had the
effect of relieving the agencies of including information on
many regulatory and statutory requirements.
In the Title I program regulations, long detailed sections
on how to select children to be served and how to involve
parents were eliminated. Programs such as the Safe and Drug-
Free Schools and Communities Act program (Title IV of ESEA),
the Eisenhower Professional Development Program (Title II of
ESEA), and the Innovative Programs (Title VI of ESEA) now
operate entirely without regulations. Their predecessor
programs before the 1994 reauthorization operated with detailed
regulations.
Recent surveys indicate that most states, districts, and
schools agree that the federal government is providing the
flexibility they need to improve their schools. Based on its
analysis of state plans and waiver requests, the Citizens'
Commission on Civil Rights concluded that the new Title I has
not imposed unduly burdensome requirements on state or local
fund recipients.
In addition, all states can now apply for additional
flexibility under the Education-Flexibility Partnership Act. By
giving states the authority to waive certain statutory and
regulatory restrictions under current law, we give states
greater flexibility to do the best job they can in meeting
their fundamental education goals to help all children reach
high standards of achievement. The Act contains important
provisions to ensure that the new flexibility is matchedwith
reasonable provisions on accountability, so that it will be clear
whether the flexibility is being used to achieve the education goals
intended. But, according to the Washington Post, on March 27, 2000,
more flexibility is not a priority for states. Only North Carolina has
applied to be an ``ED-Flex'' state under the new law. Rhode Island
won't apply because, as the state's education commissioner said, ``I
can get the flexibility I want under the current opportunities.''
According to the General Accounting Office, state officials
believe that Goals 2000 is helping states meet their own
education reform goals. In fact, nearly 90 percent of districts
report that Goals 2000 funds have been helping train teachers
to implement standards. 76 percent of districts use funds for
aligning curriculum and instruction with standards, and 70
percent use funds for developing aligned assessments.
More than 80 percent of poor school districts, and almost
half of all districts nationwide, report that Title I is
``driving standards-based reform in the district as a whole.''
In addition, Title I funds, as well as all federal education
funds, are more targeted to high-poverty districts than state
and local funds. Title I now supports 95% of the highest-
poverty schools and is helping these schools to dramatically
improve student performance.
With federal support, all 50 states, the District of
Columbia, and Puerto Rico have made progress in establishing
high academic standards. Where states continue work on
standards-based reform over a period of time, students have
benefitted.
While it is clear that progress has been made since the
bipartisan reauthorization in 1994, we must strengthen our
national effort to increase the pace and magnitude of change
needed in the nation's public schools. We must focus our
efforts on public schools, because 90 percent of the nation's
children are educated in these schools.
We need an effective national education agenda which builds
on the 1994 Acts by increasing accountability for results, so
that no child is left out or left behind. In addition, we must
make sure that there is a qualified teacher in every classroom,
continue our national effort to reduce class size, improve our
action plan for providing after-school programs, and enact a
comprehensive plan to modernize and repair the nation's public
schools.
More Progress Needs to be Made
Although it is clear that progress has been made since the
bipartisan reauthorization in 1994, much remains to be done.
U.S. 12th graders score below the international average in
mathematics and science, compared to the 21 nations
participating in the TIMSS assessment. The high school dropout
rate has declined since peaking in 1979, but has been slowly
rising in the 1990s, according to the National Center for
Education Statistics.
Achievement gaps remain between minority and non-minority
students, as well as between poor and non-poor students. In
1998, 32 percent of students in the highest poverty schools met
or exceeded the NAEP basic level in reading--about half the
rate nationally of students in public schools. In math, 42
percent of students in the highest-poverty schools scored at or
above the NAEP basic level in 1996, compared with 62 percent in
all public schools. Although dropout rates have declined
nationally, African Americans and Hispanic students still
graduate from high school at lower rates (82% and 66.7%
respectively in 1997) than white students (90.5% in 1997). Over
30 percent of all math teachers are teaching outside their
field of academic preparation--and the percentages are higher
in other academic areas and in high-poverty schools. Almost 15
percent of the new teachers hired in high-minority districts
lack full teaching credentials. Obtaining such credentials
usually involves passing tests to demonstrate needed skills and
knowledge.
We must strengthen our national effort to increase the pace
and magnitude of change needed in public schools. We must have
an effective national education agenda which builds on the 1994
Act by increasing accountability for results, so that no child
is left out or left behind. In addition, we must make sure
there is a qualified teacher in every classroom, and provide
substantial support for other resources that are the tools for
accelerated progress in schools, such as reduced class size;
more after-school programs; and modern, technologically-
equipped schools that are not overcrowded and that provide an
atmosphere conducive to learning.
ESEA 2000--A Disappointing Partisan Process
Although parts of the Committee bill are bipartisan, such
as Safe and Drug-Free Schools, Ready-to-Learn, Impact Aid,
Public Charter Schools, Title VII, Even Start, and magnet
schools, we are disappointed by the fundamental partisan nature
of the bill.
Our commitment to producing a strong bipartisan bill, as we
have done many times in the past when we were in the majority,
is without question. We participated in the Committee's
detailed and thoughtful hearings, and worked steadily
throughout the last 18 months toward a bill that the whole
Committee could support.
Indeed it appeared to us that the outlines of a bipartisan
bill were coming into focus after detailed discussions on the
substance of federal policy in education. We agreed, in
principle, to set aside the most partisan issues for the floor
so that we could focus on a strong bipartisan bill in the
committee. We worked together for three months and made
substantial progress, reaching bipartisan agreements on Safe
and Drug-Free Schools, many provisions of Title I, Technology,
Teacher Quality, and other issues. Our approach was not
ideological, but pragmatic. It focused on key policy questions
and their solutions. We looked at research on how to get better
results for all children. We were hopeful that working together
we could report a strong, bipartisan bill out of Committee.
Unfortunately, as we completed a second round of
discussions on ESEA issues, our Republican colleagues announced
that they were unilaterally replacing the bipartisan approach
to teacher quality in the draft bill with the partisan,
divisive Teacher Empowerment block grant. Republicans refused
to agree to any compromise on the program, and negotiations
broke down at that point.
By the time we began the committee mark up of the bill on
March 1st, many of the key bipartisan provisions negotiated had
been stripped from the bill, and many partisan provisions had
been included, such as the Straight A's block grant.
Republicans Focused on Block Grants, Which Will Not Bring Change or
Better Results for Children
The committee bill makes block grants the central focus of
reauthorizing ESEA, creating a tangled web of administrative
chaos and policies that undermine national priorities in
education, such as reducing class size, improving teacher
quality, and closing the digital divide. Block grants undermine
the targeting of resources to the neediest students and
eliminate critical accountability provisions that help ensure
better results for all children. Democrats unanimously voted
against the bill for many reasons, but first and foremost
because the block grant approach undermines the federal
commitment to helping communities and parents reform and
improve public schools in every neighborhood for every child.
Republicans supported and approved the Teacher Empowerment
Block grant, the 50-state Straight A's Block grant, and a
second 15-state Straight A's block grant. Block grants are the
wrong direction for education, and do nothing to spur change in
public schools.
Straight A's Block Grants Are Anti-Local Control, Anti-Accountability,
and Pro-Status Quo
The Academic Achievement for All Act--``Straight A's,''
whether in the 50-state form, or the 15-state form--abandons
the national commitment to help the nation's most disadvantaged
children get a good education through proven effective reforms
of public schools. The bill gives states a blank check for over
$12 billion--and then turns its back on holding states
accountable for results.
History shows that block grants haven't worked and they
won't work now. Block grants eliminate accountability. A 1997
study by the Center on Budget and Policy Priorities found that
the Maternal and Child Health Block Grant suffered from lack of
accountability and illustrated the difficulty of tracking how
states use funds and how many children were reached. In the
bill, states are not held accountable for educational results
until after 5 years. By that time, many students will have lost
five years of potential gains in student achievement. Under the
bill, states must only demonstrate statewide performance. They
can ignore failing schools if a few schools excel--and increase
the statewide average. A state could demonstrate statewide
overall progress based on progress by wealthier communities,
while a lack of progress in disadvantaged communities remains
statistically hidden. States should have to demonstrate
progress in student achievement in each school and each
district, so that no community or child is left behind.
In addition, the accountability provisions in the
Republican block grant proposals are of little significance. If
states fail to make progress, the only required response is to
prohibit the state from participating in the block grant
program. Even this weak repercussion is unlikely to be
implemented, because the states define progress without any
federal or local input or general legislative parameters. Under
the Democratic accountability proposal, which builds on current
law, states set goals for student performance, but these goals
are reviewed by the Secretary of Education and must be set
within the context of the goal that all students attain
proficiency within 10 years. Annual, numeric goals must be set
for improved performance, as well as separate goals for low
income and minority students, in order to ensure that
achievement gaps are eliminated. If schools or districts fail
to meet these goals, districts and states, respectively, must
take action to assist the school or district, and supplemental
resources are provided. Research-based school improvement
strategies must be implemented. If the school or district
continues to fail, sanctions are imposed.
There is no real accountability for closing the achievement
gap in the majority's block grant proposals. Although the
proposals require states to set goals for certain groups, as
mentioned above, goals for student performance are set at the
state level and there is little repercussion for failure. In
addition, the proposal would free participants from
requirements in current law to include all students in state
assessments. Under the majority's block grant proposal, ``all
students'' is defined as ``all students attending public or
charter schools that are participating in the state's
assessment system.'' There are no provisions requiring states
to include all students in that assessment system. Therefore, a
state could exclude students from assessments without any
accountability for their performance.
Block grants threaten funding for education. Historically,
Congress increases funding for programs targeted on national
priorities, not block grants. This is no time to reduce our
investment in education. We should increase it. According to a
1995 GAO study, total funding for nine block grants created in
1981 declined by 12 percent, or $1 billion, in 1982. Funding
for Title VI (formerly Chapter 2) has decreased by 50 percent
since FY82, when the block grant was created. In FY82, $708
million (in 1999 dollars) was appropriated for the programs. In
FY99, $375 million was appropriated.
In contrast, because Title I, technology, and other federal
programs are targeted to important national priorities,
appropriations for these programs have increased over time. For
example, funding for Title I has almost doubled since FY82,
from $4.1 billion (in FY99 dollars) to $7.9 billion in 2000.
Unfortunately, even with the increases, these programs are
still underfunded.
In addition, some of the programs that were originally
consolidated, such as grants for professional development,
magnet schools, and gifted and talented education, were later
re-created as separate federal programs. After submerging these
programs in a block grant, Congress--on a bipartisan basis--
decided that these needs were not being met at the state and
local levels and remained priorities of national importance.
Block grants leave the door open for waste and abuse--and
provide no focus on proven effective strategies to improve
schools. Senator DeWine, in urging increased accountability
measures, noted the poor history of states and local districts
in spending Safe and Drug-Free Schools and Communities funds;
he characterized those dollars as being ``raided'' for pet
projects or to support ineffective methods. School districts
and schools could use scarce public taxdollars to support fads
and gimmicks with no basis in research or proven practice. They could
even use the money to support the football team, to buy computer games,
or to buy new office furniture, if they decide that these uses serve
``educational purposes.'' In short, the Act provides no assurance that
federal funds will go to improve instruction and teacher quality,
strengthen curriculum, reduce class size, provide extended learning
opportunities, or support other proven strategies for helping all
students learn to high standards.
Under Straight A's, there is no accountability at the
school district or school level. Only the state must show that
it has substantially--not entirely--met its own goals. The only
penalty if a state does not partially meet its goals is that
after five years, it can no longer block grant the programs.
There is no requirement for reporting at the district or school
level on progress in improving student achievement, and there
is no requirement for helping to improve low-performing
schools.
History also shows that block grants allow the misdirection
of funds. When states and localities received billions of
dollars in the tobacco settlement, we heard their good
intentions to use the funds to improve health care and stop
children from smoking. Some state and local officials have kept
that commitment. But many others have succumbed to the pressure
to use the tobacco funds to build new sidewalks, provide new
tax breaks, build new prisons, and, in the case of Los Angeles,
pay the legal settlement costs in the recent police corruption
cases. The tobacco funds do not have the limitations that would
apply to this education bill. But we all know that there will
be large pressures on the states to use the education block
grant proposed in this bill for activities that do very little
to enhance the quality of public schools.
The block grants authorized by the bill harken back to
mistakes made during the early days of Title I--mistakes we
thought were long since corrected. A 1969 report on how the
1965 Title I program funds were spent--when Title I was a state
block grant--shows that states seriously misused the funds.
State bureaucracies were fattened with funds that were supposed
to go to schools. States and districts used funds to purchase
football and band uniforms. Some purchased swimming pools. We
cannot afford to go back to those days. We must insist that
federal funds are spent on improving the academic achievement
of all students.
Block grants also undermine targeting to disadvantaged
communities. The 15-State Straight A's program holds school
districts harmless for the amount of funding they received
under Title I in the previous year. Therefore, any new money
appropriated could be reallocated to wealthier districts and
schools. Needy districts would no longer be assured the
additional funding they should get due to increased enrollments
of poor children. In addition, the amendment does not protect
any within-district targeting provisions under Title I. At
FY2000 funding levels other than Title I, over $4.7 billion
could be spent in any district without any targeting.
We understand the pressures that state governments face to
fund education. But, we know that states don't target resources
to the neediest schools and children who need additional help.
Federal funds are significantly more targeted to low-income
children than state funds. A recent General Accounting Office
report found that state formulas are less targeted on high-need
children and school districts than federal formulas. GAO found
that states provide an additional 62 cents for each needy child
for every dollar for all children, while the federal investment
provided $4.73 per poor child for every dollar for all
children.
The Straight A's program also undermines local control. The
amendment concentrates educational decision-making at the state
level. By authorizing the state to decide whether it will enter
into a performance agreement, the Act gives the state ultimate
authority to determine the parameters of the agreement,
including which schools and school districts will receive funds
and how funds may be spent. Far from giving local districts
flexibility, as policies and waiver provisions under current
law have, Straight A's would increase the power of governors
over local education policy at the expense of local districts,
local school officials, and parents.
The majority argued that block grants are needed to return
control of education to local communities. The reality is that
there is already clear local control of education, and the 1994
Act provided even more flexibility to local authorities in how
they spend Title I dollars. States and communities provide 92
percent of funding for education. It is preposterous to think
that the federal government--which provides only 8 percent of
all K-12 education funding--can run schools. What Washington
can do is help local communities meet education reform
priorities when their budgets are stretched too thin.
Washington can also target scarce public tax dollars on areas
of national need, serve as a strong partner in education
reform, and help establish a system that holds all officials
accountable for children's academic progress.
GAO found that for major federal elementary and secondary
education programs, the Department of Education sent over 99
cents of every dollar to states, and states, in turn, sent 94
cents to local school districts. There is no massive waste or
federal bureaucracy in federal education programs.
The Straight A's block grants also deny special populations
of students guaranteed help for meeting high standards.
Migrant, homeless, and immigrant students would no longer be
assured the extra help they need to stay in school and succeed
in school. Senator Kennedy and Senator Bingaman offered
amendments to exclude programs that support these students from
the block grant, but the majority rejected the amendments.
States could use the money for any ``educational
purposes,'' including private school vouchers that would drain
funds away from public schools. In the Senate mark up, Senator
Gregg confirmed that funds under his 15-state block grant could
be used to support private school vouchers if a state approved
them. Billions of public tax dollars could be diverted to
private and religious schools, with no accountability for
raising students' academic achievement. This diversion would
represent a major shift in priorities for the role of the
federal government in education.
Finally, Straight A's abdicates our responsibility in a
reauthorization to examine and improve federal efforts. If
there are issues with federal programs, we should fix them--not
justhand them off to the states and local communities.
Undermining Standards-Based Reform Under Title I and Diverting Scarce
Public Dollars from Needy Public Schools to Private Schools Through
Vouchers
The Republican majority further undermines public school
reform through ``portability'' of Title I. Currently, Title I
is funded at approximately $8 billion, only one-third of the
level needed to fully fund the program. We are pleased that the
committee unanimously adopted Senator Dodd's amendment to
increase the Title I authorization from $10 billion to $15
billion. However, at the same time that we signaled strong
support for the program, the Republican majority voted to
undermine it, and refused to strengthen it or hold Title I
schools more accountable for results.
We are extremely disappointed that the Republican majority
did not make significant changes to strengthen Title I to
accelerate successful reforms in schools across the country,
and to turn around failing schools. Title I is the cornerstone
of federal elementary and secondary education, but it was
undercut in nearly every amendment offered and adopted by the
majority. Its unique purposes and focus are lost within the new
maze of Straight A's proposals included in the bill. Additional
amendments provide for Title I funds, without any limitation,
to go to support private school vouchers and to transport
students to other schools. The Republican majority adopted a
provision to allow 10 states and 20 districts to undermine
Title I and the reform of schools in the most disadvantaged
communities. The Republicans turned their backs on the recent
success of standards-based reform by adopting Senator Gregg's
amendment to make Title I ``portable.''
The portability proposal gives students and parents false
hope by promising increased educational support for low-income
students. ``Portability'' under the Gregg amendment would
allocate a per-child share of Title I funds to virtually every
school in a district, regardless of whether a school contains
the concentration of poverty presently required to receive a
Title I allocation. Because Title I funding levels are only
sufficient to serve about one-third of eligible students, this
provision would result in an immediate and drastic cut in the
level and quality of supplementary educational services
provided to low-achieving children.
Under portability, the targeting of Title I funds on
schools and pupils with the greatest need for assistance would
be substantially reduced. Districts in the highest poverty
quartile currently receive 43 percent of Title I funds, but
only 23 percent of State and local funds. This amendment would
enable States to distribute Title I funds in a way that creates
further inequities in spending and result in a significant
reduction in Title I resources for the neediest recipients and
the highest poverty schools. For decades, Congress has
recognized that schools enrolling high concentrations of
children living in poverty face the most difficult challenges,
and are much more likely to have higher proportions of children
who are failing to meet State academic standards. As a result,
Title I grants have been historically concentrated on the
higher poverty schools, and they should continue to be targeted
in this way if they are to address the greatest needs. If Title
I funds are dispersed among public schools regardless of need,
or to numerous private outside providers, the program will not
be able to function as intended. The solution to ensure that
all eligible children are served by Title I is not an
unworkable portability scheme, but for Congress to fully fund
Title I. The Congressional Research Service has estimated that
it would cost $24 billion to fully serve all eligible
children--three times the current funding level.
Redistributing funds through portability hurts poor
children. The Congressionally-mandated Prospects Study strongly
suggests that the need for federal assistance is greatest in
schools with high concentrations of poverty. As shown before,
children can be given more public school choice, without
destroying the targeting of funds to schools with high
concentrations of poverty.
Portability would also provide too little money to purchase
educational services on an individual basis, or in schools with
small numbers of Title I students. When funds are combined and
concentrated on a substantial number of low-income pupils,
however, they are far more effective. In fact, the bill already
recognizes this important fact. Section 1001 (Statement of
Purpose) states that one of the purposes of Title I is
accomplished by ``* * * distributing resources sufficient to
make a difference to local education agencies and schools where
the needs are greatest.'' Under the Gregg amendment, if
students opt to take their allotment to an outside provider,
what happens to the students who remain in the original school?
The school will not be able to maintain the same level of
services with only a fraction of what it had been receiving.
Further, what if a parent requests supplemental services from
an outside provider but also elects to stay in the home school
and continue to receive Title I services there?
Portability undermines reform. Since the 1994
reauthorization, States, districts and schools have been
restructuring their Title I programs with a focus on helping
all children achieve to high state standards. The National
Assessment of Title I reports that these changes are beginning
to show results and are contributing to increased student
achievement. Portability would wreak havoc on this process by
disrupting program funding in current Title I schools. The
current average Title I per-pupil expenditure of $600 to $650
can provide a significant amount of resources and services, but
only if combined to help a substantial number of students in a
school. Tying Title I dollars to individual students diminishes
the benefits and success of schoolwide programs and research-
based school reform models.
Portability reduces or eliminates Title I program
accountability for the achievement of eligible students.
Current provisions hold schools accountable for improved
student achievement. Under this proposal, parents of eligible
children could use their Title I funds to purchase
supplementary educational services from a wide variety of
providers, including private and religious schools and for-
profit businesses. There is no mechanism to ensure such
providers provide quality services to children, and no
accountability measures are required of these providers. Who
will decide which providers are acceptable? Who will be liable
for the children's safety and well-being while they are in the
care of outside providers? If parents choose an outside
provider and are dissatisfied, can they opt to make another
choice and receive another allotment?
Portability also opens the door to vouchers, at a time when
courts are again rejecting these questionable policies enacted
at the state and local levels. Public schools would be required
at the request of parents to contract with a tutorial
assistance provider, which could include private and religious
schools and other religious entities. The proposal would allow
public money to pay such entities for provision of educational
services. Since the public school administers the program, will
the public school also be responsible for assuring that a
child's academic achievement is improving, even if the students
are receiving services at nonpublic schools?
Finally, portability would create enormous administrative
burdens. It would disrupt school planning and budgeting,
because large numbers of students could change schools in the
middle of the school year. It would also be difficult to
administer, because school budgets are usually set far in
advance to allow for the extensive planning needed to hire
teachers and arrange classes. How will schools plan their
budgets if they do not know how many students will stay at
their schools or opt to take their allotments to an outside
provider? Who is responsible for providing transportation to
the outside providers or nonpublic schools? How would the
school track the achievement of students being served by
outside providers?
Portability doesn't guarantee any child a better education.
Allowing children to take their portable grant to a private
school or an off-campus after-school program does not
necessarily mean they will receive a better education. Unless
private schools are required to publicly report student
achievement data in the same manner as public schools, we have
no information regarding the quality of education in those
schools. It would be irresponsible to send public dollars into
``mystery'' institutions of questionable quality.
We know that standards-based reform and schoolwide programs
are making a difference. For example, in Atlanta, Georgia,
Burgess Elementary School is a Title I schoolwide school that
serves 430 students, 99% of whom are African-American. More
than 80% are eligible for free or reduced-price lunches. In
1998, 64% of Burgess' students performed above the national
norm in reading, an increase of 35% over 1995. 72% scored above
the national norm in math, an increase of 38% over 1995.
In Boston, the Harriet A. Baldwin School is a Title I
schoolwide program that serves 283 students, 93 percent of whom
are minorities. 80 percent are eligible for free or reduced-
price lunches. From 1996 to 1998, Stanford 9 math and reading
scores improved substantially, and are currently well above the
national median and are much higher than district scores. In
1996, 66 percent of 3rd graders scored in math at Levels 1&2
(little or partial mastery of basic knowledge and skills); in
1998, 100 percent scored at Levels 3&4 (solid academic
performance and superior performance beyond grade-level
mastery). In 1997, 75 percent of 4th graders were at Level 1&2
in reading, and only 25 percent at higher levels of
proficiency. In 1998, more than 50 percent were at higher
levels of proficiency.
The minority unanimously opposed the Gregg portability
amendment because we believe we should do more to improve
federal support for Title I to help the neediest students
achieve better results, not undermine it.
Holding Schools Accountable for Better Results for Children
In 1994, we made important changes to the Title I program.
We created an accountability system that--along with the Goals
2000 program--has spurred standards-based reform efforts across
the nation. During the last 5 years, however, experience in
many states has demonstrated that we must do more. The federal
government has succeeded in targeting funds--better than
virtually any state or local government--on those most in need.
Over the last three decades, we also have had success in
closing the achievement gap between economically disadvantaged
students and their peers. But we have not done enough to
accelerate those results and to ensure that there is real
performance-based accountability for the billions of dollars
spent for Title I programs.
Senator Bingaman and the other Committee Democrats proposed
a package of changes to the Title I legislation that would have
ensured accountability for student performance. The Chairman's
mark incorporated some of these proposals, including notifying
parents when their child's school is struggling or failing, and
requiring that school improvement methods be based on research-
based strategies.
Nevertheless, key provisions related to accountability were
omitted. Title I has the very specific purpose of raising the
achievement of disadvantaged students. Yet the Title I
accountability system used in many States depends on growth in
overall student achievement, rather than looking at the
progress of students with special needs such as economically
disadvantaged or minority students. Accountability systems that
depend upon average student achievement data--data in the
aggregate--will not close the achievement gaps that separate
low-income students from more affluent students and minority
students from white students. The definition of progress
included in Title I should require States and districts to set
annual, numerical goals for student achievement by subgroup, so
that existing achievement gaps can be eliminated. The
disaggregated goals should include at least income, race,
ethnicity and English proficiency.
The committee bill actually takes a step backward with
respect to ensuring that poor and limited English proficient
students are not left behind. It indicates that States do not
have to consider their progress if there are not ``sufficient''
numbers of them in any given State. In addition, the majority
rejected provisions that would have helped to ensure inclusion
of all students in assessments. States often mask a lack of
progress by improperly excluding certain students from state
assessments, such as students with disabilities or with limited
English proficiency, even though the 1994 Act calls for
inclusion of these students. At a minimum, we should require
public reporting of the number of students excluded from
assessments, by race, ethnicity, income, gender, English
proficiency, disability and migrant status.
Also, the Rural Education Initiative would greatly weaken
accountability by allowing small, rural districts to
consolidate funds from Titles II, IV, and VI, without any
realisticaccountability for improving student achievement.
In addition, we should insist that each state's
accountability system should incorporate significant
consequences for chronic failure. The corrective action
provisions must be strengthened to ensure that when schools are
chronically under-performing, significant consequences are
imposed. The majority rejected amendments to ensure that the
governance structure of these schools is changed. In addition,
the majority rejected provisions to impose consequences upon
States that fail to implement rigorous accountability,
including limiting access to flexibility programs and
decreasing administrative funding. A single accountability
system for all schools also should be required, to ensure that
Title I schools are held to the same standards as other
schools.
We also must give parents the information that they need to
be informed participants in their children's education. We
should require schools to provide school report cards with
basic information, including student performance data, dropout
and graduation rates, teacher qualifications, average class
size and access to technology.
We learned in the days before the mark up that the
Department of Education does not have an exact accounting of
the numbers and names of failing schools and schools in need of
improvement. States are not required to report such data, and
many states have chosen not to. Senator Reed offered an
amendment to address this situation. We are disappointed that
this simple and common-sense amendment was not adopted to
require states to report the names and numbers of low-
performing schools, and the steps that states are taking to
meet their responsibility to help such schools improve.
In addition, because qualified and well-prepared teachers
are critical to improving student achievement, we are
disappointed that another Reed amendment, which would set the
funding bar under Title I for professional development at the
district level at 10%, was rejected. We are also disappointed
that the majority rejected language proposed by Senator
Bingaman, which would require states to ensure that poor
children are not taught by unqualified teachers at higher rates
than other children. States should be required to commit
necessary resources to provide incentives to attract teachers
to high poverty schools through voluntary transfers and/or new
hires, and to provide necessary training to the teachers
currently in those schools so that they can become fully
qualified.
We are pleased that the bill included a state-level set-
aside to assist low-performing schools, implement the
accountability provisions, provide rewards for progress, and
develop assessments. However, the provision does not ensure
that any funds reach school districts. It does not require any
funds to be spent on improving low-performing schools. A state
may use all of its new Title I funds for the purpose of
providing financial awards to teachers and principals in
schools that have made gains in academic achievement. While we
do not oppose such financial awards, they should be separately
authorized, and not funded by taking money from Title I that
would otherwise be used to provide better services to students
and turn around failing schools.
A better approach to improve low-performing schools was
contained in the Bingaman amendment, which would increase the
state set-aside for school improvement, while requiring that
70% of such funds be distributed to local school districts.
We are pleased that the bill gives students in failing
schools the right to transfer to higher performing schools. We
also support a student's ability to transfer out of an unsafe
school. We had several concerns, however, about the majority's
provision on the right to transfer. The bill does not clearly
define what constitutes an unsafe school and allows for Title I
funds--intended to be used to improve academic achievement in
high poverty schools--to be used for transportation expenses
incurred by transferring students to safer schools. In
addition, the legislation sets an extremely high cap for the
amount of Title I funds that may be used to transport students
from failing schools to higher performing schools. We prefer
the proposal offered by Senator Bingaman, which would ensure
that most of a district's Title I funds are used to turn around
low-performing and failing schools, while requiring districts
to assume the cost of transportation for students opting to
transfer out of failing schools. This proposal also would
enable students in districts with no schools demonstrating
adequate performance to transfer to schools in neighboring
districts.
Addressing the National Need for a Qualified Teacher in Every Classroom
Teacher Empowerment Act Eliminates the National Commitment to Ensuring
Better Teachers in Small Classes
Teacher quality is a vitally important factor in student
achievement. The federal government has an important role to
play in providing leadership and resources to states and
districts, particularly districts that serve large numbers of
low-income and minority students, in their efforts to attract
and maintain a qualified teaching force. It is unfortunate that
the majority does not support a strong federal role in the
federal-state-local partnership to improve teacher quality.
The greatest needs for qualified teachers are in the
highest poverty schools, which have the highest proportions of
unqualified teachers. Finding qualified teachers for these
schools is critical to the success of standards-based reform.
Yet the majority rejected the Bingaman amendment, which would
require Title I schools to have comparable proportions of
qualified teachers as low-poverty schools.
Title II of the bill, the Teacher Empowerment Block Grant,
undermines the federal commitment to improving teacher quality.
It decreases the federal investment in helping communities to
reduce class size in the early grades and to ensure a qualified
teacher in every classroom. It eliminates the Class Size
Reduction Program and the Eisenhower Professional Development
Program, and it authorizes a $2 billion block grant for teacher
quality. Under the President's budget request for fiscal year
2001, states and communities would have received $2.75 billion
to reduce class size and improve teacher quality. All school
boards know that a $750 million cut in funding means they can
do less to improve academic achievement of theirstudents. The
Teacher Empowerment Act does not hold school districts accountable for
results. There is no guarantee that either class size reduction or
teacher professional development will be done well. We need to do
more--not less--to help communities improve public schools, teacher
quality, and student achievement.
The Teacher Empowerment Act does nothing to ensure that
teachers are trained to help students with special educational
needs, such as students with disabilities, students with
limited English proficiency, and economically disadvantaged
students. In order to ensure that all children have the
opportunity to meet high state standards, teachers need
training in how to address the needs of a diverse population of
students.
The amendment would reverse more than 15 years of
professional development support for teachers through the
Eisenhower Professional Development Program. In fact, under
Title II of the bill, a ``portion''--which could mean very
little actual resources--would have to be spent for
professional development. The amendment fails to reform
professional development from the current system of short-term,
ineffective, and fragmented workshops. It ignores the need for
teachers to be taught to work effectively with parents to help
improve student achievement.
A Qualified Teacher in Every Classroom
Senator Kennedy offered a Democratic alternative to the
Teacher Empowerment Act that would ensure a qualified teacher
in every classroom. The amendment is based on proven practices
that have been shown to improve teacher skills and knowledge,
and improve student achievement. It guarantees communities that
they would receive substantial funds to: (1) recruit qualified
teachers; (2) provide qualified mentors for new teachers; (3)
provide professional development for classroom teachers; and
(4) hold schools accountable for results.
As a result of increasing enrollments, teacher turnover,
and retirements of veteran teachers, the nation faces the
challenge of hiring more than 2 million new teachers over the
next ten years. Unfortunately, the need for new teachers in
1998 was met by admitting 50,000 unqualified teachers to the
classroom. Of those who do enter teaching, nearly 50% leave the
profession within 5 years. It is obvious that too many
beginning teachers are being thrown into classrooms without the
guidance and support they need in order to succeed.
We must make a renewed commitment to attract, train, and
support the highest quality teachers for our children. We must
ensure that all children--our nation's future--are learning
from academically qualified and highly trained teachers. No
classroom anywhere is any better than the teacher who teaches
in it. We should do all we can to make sure that every teacher
is well qualified.
The Kennedy amendment would provide the Secretary of
Education with the authority to support activities of national
significance to meet urgent teacher shortages through national
recruitment activities such as the Transition to Teacher and
Hometown Teachers Program, establishment of a national Job
Bank, and continuation of the Eisenhower National Clearinghouse
for Mathematics and Science Education.
The bulk of the funds--$1.7 billion--will go to local
communities to recruit new qualified teachers, provide mentors
for new teachers, and provide professional development for all
teachers. States will receive funds by formula based 50% on
poverty and 50% on population. States will be able to keep up
to 10% of their funds to meet statewide teacher shortages,
implement strategies to increase teacher salaries, improve
alternative routes to state certification, and help districts
reduce the number of teachers with out-of-field placements and
emergency credentials.
The state would distribute 56% of its funds through a
formula based 75% on poverty and 25% on population for
implementing high quality professional development and
mentoring activities, with a priority for math and science.
This provision will help communities provide 200,000 new
teachers with mentors each year and provide teachers and
principals in thousands of districts with innovative
professional development programs. The programs are locally
designed, but must be based on proven effective strategies.
Research shows that current professional development
practices often fail to improve or even impact teacher quality.
In addition, a recent survey of teachers found that current
professional development is too short term, and lacks
intensity. In 1998, participation in professional development
programs typically lasted only 1 to 8 hours. As a consequence,
only about 1 in 5 teachers felt well prepared for addressing
the needs of students with limited English proficiency, those
from culturally diverse backgrounds, and those with
disabilities, or for integrating educational technology into
the curriculum.
Research shows that effective professional development
approaches should be sustained, intensive activities that focus
on deepening teachers' knowledge of content; that allow
teachers to work collaboratively; that provide opportunities
for teachers to practice and reflect upon their teaching; that
are aligned with standards and the daily work of the school;
and that involve parents and other community members. High-
quality professional development improves student achievement.
Last June, during our committee hearing on professional
development, Barbara Schneider of Community School District 2
in New York City testified about the positive impact of the
District's investment in sustained, intensive professional
development on student achievement.
Unlike the Teacher Empowerment Act, our substitute would
increase investment in professional development and mentoring,
and focus on the kind of activities and opportunities for
teachers that research shows is effective. Our substitute would
offer resources, but demand results through strong
accountability provisions. We believe that this approach is
more effective than the bill's Title II in ensuring that
teachers have the training, assistance, and support to increase
student achievement and sustain them throughout their careers.
To help communities recruit qualified candidates from other
fields to become teachers, states would also distribute 30% of
their funds through competitive grants for Local TeacherCorps
recruitment grants. Local partnerships must consist of, at a minimum, a
school district and an institution of higher education, and the grants
must be targeted to high-poverty districts and districts with the
greatest need for qualified teachers.
Finally, our amendment would hold state and local districts
accountable for results. States must ensure that there is a
qualified teacher in every classroom by the 4th year after
enactment of the law. In addition, the state must publicly
report information on the percentage of classes in core
academic subjects that are taught by out-of-field teachers and
the average statewide class size. Local school districts would
be required to publicly report information on the
qualifications of classroom teachers and the academic subject
in which the teacher teaches. Local professional development,
mentoring, and recruitment activities must be based on proven
effective methods and lead to improved student performance
throughout the district. Schools are held accountable for
reducing the beginning teacher attrition rate, the number of
uncertified teachers, and the number of teachers teaching out
of field. In order to continue a local grant for a 4th or
subsequent fiscal year, the district must have shown progress
in meeting its goals and objectives for the local grants.
This amendment makes sense. It provides the needed
resources and interventions that parents are calling for to
ensure that every child is taught by a qualified teacher.
Investing in Qualified School Principals
Successful schools are led by principals who have a deep
understanding of teaching and learning, and who are well-
informed about state and local standards. We must provide
greater support for the nation's principals. It is often true
that a qualified principal can turn around an entire school.
Today, however, principals often lack opportunities for
high-quality professional development. Too often, such
development is in the form of one-day workshops not geared to
the needs of most principals. We must do all we can to provide
opportunities for professional development for principals--and
it must be high-quality, readily available, and geared toward
the practical needs of principals. In addition, we should
encourage local districts to provide mentoring opportunities
for principals.
We are pleased that the bill includes the Leadership
Education and Development Program to help improve and expand
professional development opportunities for school principals
and superintendents. We hope that it can be strengthened by
increasing accountability, targeting more resources to high-
poverty communities, addressing the need to train prospective
and current principals, providing effective evaluations of the
program, and providing for dissemination of information about
the best practices for training principals. Although we believe
that we should improve the program, the provision is a strong
and positive bipartisan signal to the nation's communities that
we will help provide stronger school leaders in every school.
Reducing Class Size
For the past two years, Congress--with a large majority--
has provided more than $2.5 billion for the specific purpose of
recruiting, hiring, and training teachers to reduce class size.
What message do we now want to send to parents, teachers, and
others in school communities across the nation by backing away
from this commitment?
We are particularly disappointed that the committee
rejected Senator Murray's Class Size Amendment. The 8 to 10
vote highlights the Republican Majority's disregard for the
educational needs of the country and the concerns of American
parents. The Class Size Reduction initiative was enacted with
bipartisan support and praised by many from both parties as a
major achievement for students.
The majority backed away from its commitment to reducing
class size in grades one through three, to a national average
of eighteen students. The majority backed away from its
commitment to hire 100,000 fully qualified teachers to help
ensure that all students can learn to read independently and
well by the end of the third grade. In effect, the majority
broke the promise it made to the children of America. Last
November, the Congress, on a bipartisan basis, as part of the
Fiscal Year 2000 appropriations bill, continued for the second
year the class size reduction program, with new provisions that
provide additional flexibility for school districts, that made
clear that only fully qualified teachers are hired with these
funds.
Smaller class size enhances student achievement. Smaller
classes enable teachers to provide greater individual attention
and assistance to students in need. Smaller classes enable
teachers to spend more time on instruction, and less time on
discipline and behavior problems. In smaller classes, teachers
cover material more effectively, and are able to work with
parents more effectively to enhance their children's education.
We must continue to guarantee that the 1.7 million children
who are currently learning in less crowded classrooms will be
taught in small classes next year. We must not back away from
the commitment. We must continue to support the 29,000 fully
qualified teachers currently teaching under the Class Size
Reduction Program. We must work to ensure that the students who
stand to benefit most from smaller class sizes lower-achieving,
minority, poor, and inner-city students continue to receive
instruction in small classes.
Expanding and Strengthening After School Opportunities for Children
Also of substantial disappointment to us was the
Committee's failure to support parents and schools struggling
to address the after-school needs of today's students. After
school programs must not be an after-thought in education
policy. Each day, 5 million children leave school without
supervised care. These students are at higher risk of juvenile
delinquency, teenage pregnancy and tobacco, alcohol and drug
use. We also know that juvenile crime peaks between the hours
of 3 p.m and 7 p.m. Yet, many schools are left vacant when they
could be used as valuable community resources.
The 21st Century Community Learning Centers Program,
created in 1994 by Senator Jeffords, has grown substantially in
recent years, with current funding of $453 million. These
dollars support 4,000 school centers focused on providing high-
quality after-school programs, and on better utilizing the
schools to meet wider community needs. Senator Dodd proposed an
amendment to clarify the focus of the program on after-school
activities, use state-based competitive grants, enhance the
role of community-based organizations, and increase the
authorization to $1 billion, in recognition of the serious
needs on this issue. This common-sense amendment reflected the
concerns of the whole committee and parents across the country,
but it was rejected on a party line vote. We continue to hope
the committee can find a way to work together on this important
initiative, and not abdicate our responsibility to reauthorize
this program of vital importance to families, students and
schools.
Repairing and Modernizing the Nation's Schools
The distressing condition of too many of the nation's
schools is well known. The average age of the nation's schools
is 42 years. 14 million children attend classes in buildings
that are unsafe or inadequate. The General Accounting Office
reports that $112 billion is needed to bring the nation's
schools up to good condition.
GAO also noted in its report, School Facilities: The
Condition of America's Schools, that two-thirds of schools need
repairs and renovations to improve accessibility for students
with disabilities, or to address health and safety problems
such as asbestos, lead in water or paint, materials in
underground storage tanks, and radon. Half of the schools
report unsatisfactory environmental conditions, such as poor
ventilation, furnace problems, inadequate lighting, or
insufficient physical security. Forty percent of schools need
to repair or replace building features, such as a roof or
plumbing. Thirty percent of rural districts, 38 percent of
urban districts, and 29 percent of suburban districts have at
least one building that needs extensive repair or total
replacement.
Nearly three-quarters of the nation's schools are over 30
years old. According to the National Center for Education
Statistics, when a school is between 20 and 30 years of age,
frequent replacement of equipment is necessary. Between 30 and
40 years, all of the original equipment should have been
replaced, including the roof and electrical systems. After 40
years, a school begins to deteriorate rapidly, and after 60
years most schools are abandoned.
The need for modernization and new construction of school
facilities has become a crisis in school districts throughout
the United States. Schools face the enormous challenges of
record- high enrollments, new demands for educational
technology, the need for before- and after-school programs, and
the hazards of deteriorating facilities. Nearly 53 million
students are currently enrolled in elementary and secondary
schools, and this number is expected to rise to 54.4 million by
2008.
The American Society of Civil Engineers released a Report
Card of America's Infrastructure in April 1999. A team of civil
engineers examined the condition, performance, capacity, and
funding of the nation's infrastructure and scored each category
with a letter grade. Included in the examination were roads,
bridges, dams, solid waste, mass transit, aviation, hazardous
waste, and schools. The report card's worst marks went to
schools, which received a failing grade.
In addition, a new study from the National Education
Association suggests there is substantial unmet need today--
even greater than in 1995--for school renovation and
construction.
There are a number of reasons for the poor physical state
of schools, including student overcrowding, deferred
maintenance, the age of the buildings, and the need to adapt to
changing technology. One thing is certain: The problem is not
going away. School enrollment is increasing, and schools will
need renovations to ensure that students have access to
educational technology and the Internet.
This is clearly a national problem, and we must have a
comprehensive national response. The Committee Bill not only
ignores this pressing national concern--it retreats, by
repealing Title XII, the Education Infrastructure Act.
An effort to correct this serious shortcoming was rejected
on a party line vote against the Harkin-Bingaman Amendment,
strongly supported by all Democrats, to amend and reauthorize
Title XII. The amendment authorized $1.3 billion to provide
grants and zero interest loans to help public schools make
urgent repairs such as roof replacements or electrical wiring,
or to remedy fire code violations.
The Harkin-Bingaman amendment is a complement to Senator
Robb's proposal for tax credits to subsidize the interest on
$25 billion of school construction bonds. It is focused on
urgent repairs, and will help school districts that are unable
to pass a bond referendum. It would have authorized funding for
8,300 repair projects for 5,000 public schools as proposed by
the President's FY 2001 budget.
Increasing Parental Involvement
While the bill does add new parental involvement
provisions, it does not make important changes that are needed.
Research shows that regardless of economic, ethnic, or cultural
background, parental involvement is a major factor in
determining a child's academic success. Too often, schools fail
to do enough to inform and involve parents.
To increase parental involvement, we must depend on
parents, teachers, and school administrators to work together
to implement effective programs. National leadership is needed
to provide schools, teachers, and parents with the tools
adequate to this task. Simply hoping that parents will become
engaged is not enough.
The bill takes some steps to address these concerns, such
as by ensuring that Title I families can obtain information on
their children's progress in terms they can understand;
havingstates collect and disseminate information about effective
parental involvement practices; allowing schools to use technology to
foster communication with parents; and ensuring parents are involved in
violence prevention and drug prevention programs, so that parents can
reinforce the safe and drug-free message at home.
However, the bill fails to provide the accountability
needed to ensure that the parental involvement provisions of
ESEA are actually followed. We are disappointed that provisions
included in the Reed amendment were not adopted to address this
situation. The amendment would require state parental
involvement plans, annual reviews of parental involvement
activities, and technical assistance for districts having
difficulty implementing the parental involvement requirements
of Title I. We urge the addition of these common-sense
accountability provisions, which are essential to improving
schools and the performance of students, ensuring that schools
significantly involve parents.
We are particularly disappointed that the majority chose
not to support the Local Family Information Centers. This
program would provide funds for community based organizations
to facilitate interactions between Title I schools and those
parents who are the hardest to reach--parents with limited
English proficiency, parents who are homeless and other parents
who are isolated. With appropriate support, these parents too
can play a meaningful role in their children's education and in
their children's schools.
In addition, we are disappointed that the bill eliminates
the Title XI Coordinated Services Title. At the same time, it
fails to add the Reed Amendment to authorize school-community
partnerships to provide children and families with links to
existing community prevention and intervention services. Such
services exist in a fragmented fashion in many communities.
Families which would otherwise be eligible to receive the
services cannot obtain them without coordination at a site
housed under one familiar roof-- their child's school. Research
shows that school-community links are a cost-effective way to
help meet the basic needs of children and ensure they are ready
and able to succeed in school.
Closing the Digital Divide
We are pleased that the committee bill recognizes the
important federal role in education technology, and that it
continues support for programs that have helped schools adopt
and integrate technology in their classrooms. In particular, we
are pleased by the increased authorization for the Technology
Literacy Fund and the National Technology Innovation Grants. We
commend the dedicated funding for these programs, and for the
Regional Technical Centers and the Star Schools program.
Increased support for the National Program for Technology in
Education is needed. The committee accepted amendments offered
by Senator Bingaman, which will ensure the inclusion of current
technologies such as web-based learning, online classes, and
wireless technologies, and which will also ensure that
education technology is used to support student performance in
core academic courses. In addition, the provisions require the
states to outline their goals for student achievement,
dissemination, and technical assistance with respect to the
Technology Literacy Fund. These measures will promote the use
of technology as a tool for enhanced student learning. We are
also pleased that the committee included the programs from the
bipartisan Digital Education Act, including Ready-to-Learn, and
that the committee accepted Senator Mikulski's amendment
setting a goal for all students gaining computer literacy by
the 8th grade.
Given the growing and unquestionable importance of
technology in today's economy, we believe that additional
modifications will significantly improve the federal
government's ability to ensure greater equality in access to
technology in educational contexts, and to ensure that such
technologies are being used to their maximum potential. In low-
poverty schools, 74 percent of classrooms have Internet access,
while only 39 percent of classrooms in high-poverty schools
have such access. Similarly, the number of students per
instructional computer (with Internet access) is 7 in schools
with less than 11 percent poverty, compared to 16 in schools
with 71 percent poverty. The Technology Literacy Fund must be
more targeted toward low income and disadvantaged students.
Many states receiving these funds do not direct the funds to
high poverty districts. Greater targeting of these federal
technology funds will use federal dollars more effectively, and
will also provide the opportunity for disadvantaged areas to
leverage assistance from non-governmental entities.
While the Technology Innovation Grants provision allows the
Secretary to provide continuation grants under the Preparing
Tomorrow's Teachers to Use Technology Program, it does not
continue dedicated funding for this purpose. The fact that only
20 percent of teachers feel comfortable integrating technology
in their classrooms suggests a need for greater attention to
adequate pre-service and in-service professional development
activities for teachers, so that students derive the full
benefits of access to advanced technologies at school. Pre-
service programs are particularly important. We must integrate
educational technology into the curriculum of schools of
education, so that teachers entering the workforce begin their
careers with the training they need to integrate technology
into their instruction.
In addition, the digital divide extends beyond the
schoolhouse. The Community Technology Centers Program addresses
this reality. It provides access to technology for families in
their own communities. Households with incomes greater than
$75,000 a year are eight times more likely to have computers
than households at the lowest income levels. Urban households
with incomes over $75,000 a year are over twenty times more
likely to have home Internet access than rural households at
the lowest income levels. If the nation is serious about
including everyone in the digital economy, it is essential that
we continue providing access to computers and training through
these Community Technology Centers. The need for this program
is demonstrated by the fact that the Department of Education
received 750 applications for 40 grants last year.
Expanding Public School Choice
Bipartisanship was also evident in efforts to reauthorize
programs supporting public school choice. Modest changes to the
Magnet Schools Assistance Program were supported by the
committee, in recognition of the strong record of this program
in improving diversity inschools and in developing innovative
models of excellence in education. Similarly, the committee worked
closely together on the changes in the Charter Schools Program, which
was reauthorized last Congress, but is extended in this bill.
We commend the Chairman's continued support of federal
funding for the magnet school and charter school programs.
Though relatively small, these two programs have provided
incentives for innovation and positive reform, and they have
also provided many parents with greater choice for their
child's education. The popularity of magnet and charter schools
among educators and parents alike is commendable. At the same
time, the Department of Education must do more to assure that
schools funded by these programs are truly diverse and held as
accountable for student progress as other public schools.
Expanding public school choice in ways that maintain targeted
funding while also promoting high standards for all students
will extend these benefits to more communities and families.
We were dismayed that the majority rejected Senator
Bingaman's proposal to authorize the Opportunities to Improve
Our National's Schools Program (OPTIONS), which would identify
and support innovative approaches to high-quality public school
choice. Many of our Republican colleagues have spoken of the
need for greater reform in public schools. Yet they are
unwilling to dedicate federal assistance for the development,
implementation, and evaluation of the very kinds of public
school choice programs that stimulate innovation and contribute
to standards-based reform. Under OPTIONS, states and localities
would be given a pool of resources for a wide variety of
activities related to public school choice. The funds would be
targeted toward high-poverty communities.
Safe and Drug-Free Schools and Communities Act
The Safe and Drug-Free Schools and Communities Act,
authored by Senators DeWine, Dodd, and Murray, is one of the
strongest areas of bipartisanship. Changes made to the Safe and
Drug-Free Schools and Communities Act focus on improving the
accountability and enhancing the effectiveness of this program.
The legislation requires states and schools to adhere to the
``Principles of Effectiveness'' in the design, implementation,
and evaluation of their programs. The bill also increases
federal coordination, while providing states with the
flexibility to better target these dollars. In addition, the
passage of Senator Harkin's amendment on reinstating the
Tobacco-Free Schools requirement that schools be smoke-free
demonstrates a bipartisan commitment to this important issue.
Similarly, we are especially pleased that an amendment to
repeal the hate crimes provisions in this Act was resoundingly
defeated. This vote also demonstrates our bipartisan commitment
to the important goals of keeping our students safe and
creating strong, healthy communities.
Despite these improvements, however, additional efforts
need to be made to strengthen the bill on these issues. Project
SERV, a program to provide schools with emergency assistance
after a traumatic crisis or violence, is an important component
missing from the Act. Senator Wellstone proposed an amendment
to provide training to teachers to develop and implement
domestic violence prevention, intervention, early
identification, and referral strategies for students and school
personnel. Since domestic violence and child abuse are both
causes and predictors of juvenile violence, this program would
greatly enhance the Safe and Drug-Free Schools and Communities
Act. In addition, the bill fails to include an authorization
supporting training of early childhood educators in violence
prevention strategies, as proposed in legislation offered by
Senator Dodd.
The bipartisan consensus on this program was undermined by
the Committee's adoption of an amendment that creates loopholes
allowing spending of federal funds on potentially ineffective
measures. The amendment also included several other provisions
of concern, including burdensome requirements on local schools
that all educational material supported with ESEA funds must be
posted with a notice of the use of the federal funds, and that
bureaucratic and costly procedures for handling complaints must
be put in place.
Meeting the National Need to Support School Libraries
The bill also fails to restore critical funding for school
libraries or to increase student access to up-to-date school
library materials. Research has documented a clear connection
between well-equipped, well-staffed school libraries and
reading achievement and overall academic success.
Unfortunately, schools across the nation are still dependent on
collections purchased in the mid-1960s and 1970s with dedicated
funding provided under the original Elementary and Secondary
Education Act. Since 1981, when this funding was folded into
what is now the Title VI block grant, school libraries have
suffered. This 19-year experiment in leaving school library
funding to states and school districts has failed. School
library shelves are now filled with outdated books which
predate the landing of manned spacecraft on the moon, the
breakup of the Soviet Union, the end of apartheid, the growth
of the Internet, and advances in scientific research.
Given the clear examples of outdated school library books
filled with offensive stereotypes presented at the Committee
mark up, we are dismayed that the committee rejected the Reed
School Library amendment. The needs of school libraries have
been unaddressed for too long. We urge the restoration of
funding to update and improve the nation's school libraries.
Support for Urban and Rural Communities
We share the majority's concern that federal programs must
serve all areas, including rural districts, and we recognize
that each school district has unique needs. 46 percent of the
nation's public schools serve rural areas. These schools often
face problems associated with their remote location and sparse
populations, such as lower salaries which make it particularly
difficult to attract and retain qualified teachers and
administrators. Teachers in rural schools are almost twice as
likely to provide instruction in three or more subjects than
teachers in urban schools. The course offerings, especially
advanced courses, are more limited than in other areas. Many
rural school districts have high transportation costs because
of the greater distances that childrentravel to school. Like
other areas, rural districts often have aging school buildings that
must be modernized to take full advantage of education technology.
Unlike most other jurisdictions, many rural schools also
face shrinking tax bases. This problem is particularly true in
areas that have been hit hard by the agriculture crisis. The
result is that the ability of these areas to raise local
resources is even more limited than in other regions.
Federal resources are important to help these districts
address these problems. While many rural schools do compete
effectively for federal grants, many smaller rural schools
often lack the personnel needed to prepare applications and
grant proposals. Except under Title I, smaller districts often
do not receive sufficient funds for effective programs, and
they lack the ability to raise additional funds locally.
The majority has acknowledged the problems facing rural
schools and has included a rural proposal in the committee
bill. Unfortunately, their approach suffers from two
deficiencies. It creates a new and unnecessary system of forms
and bureaucracy, and it has the effect of creating a new block
grant. By block granting these funds, districts are not held
accountable for the results, and the national priority is lost.
We prefer an approach that continues to target specific
problems, such as reducing class size, improving teacher
training, and integrating technology effectively into the
classroom, and that also makes sure the districts have the
resources they need to operate effective programs.
We support an amendment to provide a supplemental payment
to qualifying rural districts. Under this approach, a district
would simply indicate on its application for existing class
size, teacher training, and technology programs how it would
use the supplemental funds. It would be held accountable for
using the funds effectively through the same mechanism applied
to the underlying program. We believe this approach is a simple
and effective way to help rural districts address their
problems.
We recognize that urban schools also face unique and acute
issues that create challenges for them to implement effective
programs. Like rural districts, they have difficulty attracting
and retaining qualified teachers. This problem can affect their
course offerings. Many urban districts also have significant
problems with aging and unsafe facilities. In addition, urban
schools face challenges unique to their urban nature. The high
numbers of homeless children, children with limited English
proficiency, and children from extreme poverty make it
difficult for them to close the achievement gap between low and
high performing students. While the causes of these problems
may be different, they are no less significant, and they should
be addressed by this legislation. Yet, unlike rural areas, they
were not provided with an alternative funding source.
We are disappointed, therefore, that by repealing the Urban
Demonstration Grant Program, the majority eliminated the
possibility for urban districts to receive supplementary funds
to meet their unique needs. While the rural demonstration
program was repealed as well, it was replaced by the rural
education initiative.
Other Programs to Improve Student Achievement
The Committee was able to come together around the
reauthorization of several smaller but important national
initiatives supporting change in schools, including the
Character Education Partnership Program, the Javits Gifted and
Talented Program, the Elementary School Counseling Program, and
the Women's Educational Equity Act. While small, these programs
have demonstrated the capacity of a modest federal investment
to leverage real change in schools across the county.
Throughout the committee's hearings on the reauthorization, we
heard from witnesses across the country about the fundamental
difference that these programs have made in improving schools
and strengthening the achievement of students.
We are pleased that the smaller learning communities
program within the Fund for the Improvement of Education is
included in the committee bill. The smaller learning
communities program has proven benefits, such as improved
learning environments, improved student achievement, and
improved attendance indicators. We hope that this year's
appropriations of $45 million for the program will provide a
greater opportunity for our colleagues to see these important
benefits in schools in their own communities and to expand the
funding pool.
We were also pleased that the committee accepted Senator
Bingaman's amendments authorizing funding for dropout
prevention and for building upon the extremely successful
program that expands access to Advanced Placement classes and
exams. These two programs are important tools to ensure that
poor and minority youth stay in school and learn to high
standards. The AP program also helps to ensure that all
students, regardless of racial or economic background, are
given access to rigorous courses that prepare them for
enrollment in education beyond high school.
We are pleased by the bipartisan commitment to maintaining
and strengthening Title VII, which provides critical support
for communities to implement innovative model programs to
ensure that children with limited English proficiency learn
English and master academic content. The changes are designed
to ensure that the assistance will be aligned with the
standards-based reforms under Title I. We are also pleased that
the committee accepted the Reed amendment to preserve the
current law's priority for districts that enroll a large number
of limited English proficient students.
We are pleased that the committee accepted an amendment by
Senator Reed to provide greater accountability under Title VI,
Innovative Education Program Strategies. This amendment
requires all innovative education programs and activities to be
tied to promoting high academic standards, be used to improve
student performance, and be part of an overall education reform
strategy. It successfully addresses many of the concerns raised
about this program.
We need to continue to work together to improve on other
areas of concern, such as comprehensive secondary school reform
and technical assistance centers. We also remain deeply
concerned about the extent to which these strong, improved
policies are undermined by their inclusion in Straight A's.
This block grant proposal undoes all the hard work of reforming
these major federal efforts.
We are disappointed that the Republican Majority rejected
Senator Murray's Amendment to make it possible for students and
other youth to engage more fully in the process of school
reform and school improvement. Student involvement is an
important aspect of school reform and improvement. Students
benefit when they are given significant roles in their schools
and communities. Special attention is needed to ensure the
effective involvement of students in decisions that affect
their education. It is regrettable that the majority does not
share our concerns in this area.
We are also disappointed that the Republican Majority
rejected Senator Murray's Amendment to provide national
challenge grants for innovation in the education of homeless
children. In spite of our prosperous economy, homelessness is
on the rise in America. Children represent one of the fastest
growing segments of the homeless population, but states,
schools and service providers often do not have the resources
to meet their needs. When children become homeless, they are
often uprooted from their communities, and drift from school to
school. Academic achievement suffers greatly under such
conditions.
The Murray Amendment would provide needed funds for
innovative programs to address the transportation needs of
homeless children. By helping districts create model
transportation programs, the Murray Amendment would help
improve student achievement by making it possible for homeless
children to continue attending their original schools. It is
disappointing that the majority did not support our efforts in
this area.
Conclusion
We hope to make bipartisan progress on strengthening and
improving public schools in every community. But this progress
should not come at the expense of a strong federal helping
hand, accountability for results, targeting to the neediest
communities, and a clear focus on priority areas of national
need. The nation's children deserve no less.
Ted Kennedy.
Tom Harkin.
Jeff Bingaman.
Patty Murray.
Chris Dodd.
Barbara A. Mikulski.
Paul Wellstone.
Jack Reed.
XI. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (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):
EDUCATIONAL OPPORTUNITIES ACT
* * * * * * *
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Short title; purpose; definitions.
TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
Sec. 101. Policy and purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Reservation and allocation for school improvement.
Part A--Basic Programs
Sec. 111. State plans.
Sec. 112. Local educational agency plans.
Sec. 113. Eligible school attendance areas.
Sec. 114. Schoolwide programs.
Sec. 115. Targeted assistance schools.
Sec. 116. Pupil safety and family school choice.
Sec. 117. Assessment and local educational agency and school
improvement.
Sec. 118. Assistance for school support and improvement.
Sec. 119. Parental involvement.
Sec. 120. Professional development.
Sec. 120A. Participation of children enrolled in private schools.
Sec. 120B. Early childhood education.
Sec. 120C. Allocations.
Sec. 120D. Establishment of the child centered program.
Part B--Even Start Family Literacy Programs
Sec. 121. Even start family literacy programs.
Part C--Education of Migratory Children
Sec. 131. Program purpose.
Sec. 132. State application.
Sec. 133. Comprehensive plan.
Sec. 134. Coordination.
Part D--Parental Assistance
Sec. 141. Parental assistance.
Part E--General Provisions; Comprehensive School Reform; Assistance To
Address School Dropout Problems
Sec. 151. General provisions; comprehensive school reform; assistance to
address school dropout problems.
TITLE II--PROFESSIONAL DEVELOPMENT FOR TEACHERS
Sec. 201. Teacher quality.
Sec. 202. Leadership education and development program.
Sec. 203. Reading excellence.
Sec. 204. National Writing Project.
Sec. 205. General provisions.
Sec. 206. New century program and digital education content
collaborative.
Sec. 207. Conforming amendments.
TITLE III--ENRICHMENT INITIATIVES
Sec. 301. Enrichment initiatives.
Sec. 302. Dissemination of advanced placement information.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Sec. 401. Amendment to the Elementary and Secondary Education Act of
1965.
Sec. 402. Gun-free requirements.
Sec. 403. School safety and violence prevention.
Sec. 404. Background checks.
Sec. 405. Constitutionality of memorial services and memorials at public
schools.
Sec. 406. Environmental tobacco smoke.
TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES
Sec. 501. Educational opportunity initiatives.
Part A--Technology Education
Sec. 511. Technology education.
Part B--Women's Educational Equity; Star Schools
Sec. 521. Women's educational equity.
Sec. 522. Star schools.
Part C--Magnet Schools Assistance
Sec. 531. Magnet schools assistance.
Part D--Public Charter Schools
Sec. 541. Public charter schools.
Part E--Civic Education; FIE; Ellender Fellowships; Ready-to-Learn
Television; Inexpensive Book Distribution
Sec. 551. Civic education; FIE; Ellender Fellowships; Ready-to-Learn
Television; Inexpensive Book Distribution.
TITLE VI--INNOVATIVE EDUCATION
Sec. 601. Innovative education.
TITLE VII--BILINGUAL EDUCATION
Sec. 701. Purpose.
Sec. 702. Authorization of appropriations.
Sec. 703. Repeal of program development and implementation grants.
Sec. 704. Program enhancement projects.
Sec. 705. Comprehensive school and systemwide improvement grants.
Sec. 706. Repeal of systemwide improvement grants.
Sec. 707. Applications.
Sec. 708. Repeal of intensified instruction.
Sec. 709. Repeal of subgrants, priority, and coordination provision.
Sec. 710. Evaluations.
Sec. 711. Research.
Sec. 712. Academic excellence awards.
Sec. 713. State grant program.
Sec. 714. National Clearinghouse.
Sec. 715. Instructional materials development.
Sec. 716. Training for all teachers program.
Sec. 717. Graduate fellowships.
Sec. 718. Repeal of program requirements.
Sec. 719. Program evaluations.
Sec. 720. Special rule.
Sec. 721. Repeal of finding relating to foreign language assistance.
Sec. 722. Foreign language assistance applications.
Sec. 723. Emergency immigrant education purpose.
Sec. 724. Emergency immigrant education State administrative costs.
Sec. 725. Conforming amendment.
Sec. 726. Emergency immigrant education authorization of appropriations.
Sec. 727. Coordination and reporting requirements.
TITLE VIII--IMPACT AID
Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Payments relating to Federal acquisition of real property.
Sec. 804. Payments for eligible federally connected children.
Sec. 805. Sudden and substantial increases in attendance of military
dependents.
Sec. 806. School construction and facility modernization.
Sec. 807. State consideration of payments in providing State aid.
Sec. 808. Federal administration.
Sec. 809. Administrative hearings and judicial review.
Sec. 810. Forgiveness of overpayments.
Sec. 811. Definitions.
Sec. 812. Authorization of appropriations.
TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 901. Programs.
Sec. 902. Conforming amendments.
TITLE X--GENERAL PROVISIONS
Sec. 10001. Uniform provisions.
Sec. 10002. Evaluations.
Sec. 10003. America's Education Goals.
Sec. 10004. America's Education Goals Panel.
Sec. 10005. Comprehensive regional assistance centers.
Sec. 10006. Repeals.
TITLE XI--AMENDMENTS TO OTHER LAWS
Part A--Repeals
Sec. 11101. Goals 2000: Educate America Act.
Sec. 11102. Higher Education Amendments of 1998.
Part B--Education for Homeless Children and Youth
Sec. 11201. Statement of policy.
Sec. 11202. Grants for State and local activities.
Sec. 11203. Local educational agency grants.
Sec. 11204. Secretarial responsibilities.
Sec. 11205. Definitions.
Sec. 11206. Authorization of appropriations.
Part C--Albert Einstein Distinguished Educators
Sec. 11301. Albert Einstein Distinguished Educator Act of 1994.
SECTION 1. [20 U.S.C. 6301 NOTE] [TABLE OF CONTENTS] SHORT TITLE.
* * * * * * *
SEC. 2. PURPOSE
It is the purpose of this Act to support programs and
activities that will improve the Nation's schools and enable
all children to achieve high standards.
SEC. 3. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Average daily attendance.--
(A) In general.--Except as provided otherwise
by State law or this paragraph, the term
``average daily attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during such school year.
(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership or
such other data.
(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for
purposes of this Act--
(i) consider the child to be in
attendance at a school of the agency
making such payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving such payment.
(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
theSecretary shall, for the purposes of this
Act, consider such child to be in attendance at a school of the agency
making such payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such
preceding year.
(3) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(4) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(5) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 6505.
(6) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 6505.
(7) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 6502.
(8) Consolidated state plan.--The term ``consolidated
State plan'' means a plan submitted by a State
educational agency pursuant to section 14302.
(9) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
(10) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) part C of title I;
(C) title II (other than section 2103 and
part D);
(D) Subpart 2 of part A of title V;
(E) part A of title IV (other than section
4114); and
(F) title VI.
(11) The term ``current expenditures'' means
expenditures for free public education--
(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and title VI.
(12) Department.--The term ``Department'' means the
Department of Education.
(13) Educational service agency.--The term The term
``educational service agency'' means a regional public
multi service agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
(14) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
(15) Free public education.--The term ``free public
education'' means education that is provided--
(A) at public expense, under public
supervision and direction, and without tuition
charge; and
(B) as elementary school or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
(16) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
(17) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965.
(18) Local educational agency.--
(A) In general.--The term ``local educational
agency'' means a public board of education or
other public authority legally constituted
within a State for either administrative
control or direction of, or to perform a
service function for, public elementary schools
or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or for such combination
of school districtsor counties as are
recognized in a State as an administrative agency for the State's
public elementary or secondary schools.
(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary or secondary
school.
(C) BIA schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Affairs but only to the
extent that such inclusion makes such school
eligible for programs for which specific
eligibility is not provided to such school in
another provision of law and such school does
not have a student population that is smaller
than the student population of the local
educational agency receiving assistance under
this Act with the smallest student population,
except that such school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian Affairs.
(19) Mentoring.--The term ``mentoring'' means a
program in which an adult works with a child or youth
on a 1-to-1 basis, establishing a supportive
relationship, providing academic assistance, and
introducing the child or youth to new experiences that
enhance the child or youth's ability to excel in school
and become a responsible citizen.
(20) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
(21) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
for the purpose of section 1121 and any other
discretionary grant program under this Act, the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(22) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis.
(23) Parental involvement.--The term ``parental
involvement'' means the participation of parents on all
levels of a school's operation, including all of the
activities described in section 1118.
(24) Public telecommunications entity.--The term
``public telecommunication entity'' has thesame meaning
given to such term in section 397 of the Communications Act of 1934.
(25) Pupil services personnel; pupil services.--
(A) Pupil services personnel.--The term
``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as such term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
(B) Pupil services.--The term ``pupil
services'' means the services provided by pupil
services personnel.
(26) Research-based.--The term ``research-based''
used with respect to an activity or a program, means an
activity based on specific strategies and
implementation of such strategies that, based on
theory, research and evaluation, are effective in
improving student achievement and performance and other
program objectives.
(27) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
State law, except that such term does not include any
education beyond grade 12.
(28) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(29) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(30) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
(31) Technology.--The term ``technology'' means the
latest state-of-the-art technology products and
services, such as closed circuit television systems,
educational television or radio programs and services,
cable television, satellite, copper fiber optic
transmission, computer hardware and software, video and
audio laser and CD-ROM disks, video and audio tapes,
including interactive forms of such products and
services, or other technologies.
[SEC. 1001. [20 U.S.C. 6301] DECLARATION OF POLICY AND STATEMENT OF
PURPOSE.
[(a) Statement of Policy.--
[(1) In general.--The Congress declares it to be the
policy of the United States that a high-quality
education for all individuals and a fair and equal
opportunity to obtain that education are a societal
good, are a moral imperative, and improve the life of
every individual, because the quality of our individual
lives ultimately depends on the quality of the lives of
others.
[(2) Additional policy.--The Congress further
declares it to be the policy of the United States to
expand the program authorized by this title over the
fiscal year 1996 through 1999 by increasing funding for
this title by at least $750,000,000 over baseline each
fiscal year and thereby increasing the percentage of
eligible children served in each fiscal year with the
intent of serving all eligible children by fiscal year
2004.
[(b) Recognition of Need.--The Congress recognizes that--
[(1) although the achievement gap between
disadvantage children and other children has been
reduced by half over the past two decades, a sizable
gap remains, and many segments of our society lack the
opportunity to become well educated;
[(2) the most urgent need for educational
improvements is in schools with high concentrations of
children from low-income families and achieving the
National Education Goals will not be possible without
substantial improvements in such schools;
[(3) educational needs are particularly great for
low-achieving children in our Nation's highest-poverty
schools, children with limited English proficiency,
children of migrant workers, children with
disabilities, Indian children, children who are
neglected or delinquent, and young children and their
parents who are in need of family-literacy services;
[(4) while title I and other programs funded under
this Act contribute to narrowing the achievement gap
between children in high-poverty and low-poverty
schools, such programs need to become even more
effective in improving schools in order to enable all
children to achieve high standards; and
[(5) in order for all students to master challenging
standards in core academic subjects as described in the
third National Education Goal described in section
102(3) of the goals 2000: Educate America Act, students
and schools will need to maximize the time spent on
teaching and learning the core academic subjects.
[(c) What Has Been Learned Since 1988.--To enable schools
to provide all children a high-quality education, this title
builds upon the following learned information:
[(1) All children can master challenging content and
complex problem-solving skills. Research clearly shows
that children, including low-achieving children, can
succeed when expectations are high and all children are
given the opportunity to learn challenging material.
[(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment,
violence inadequate health care, child abuse, and drug
and alcohol abuse can adversely affect children's
academic achievement and must be addressed through the
coordination of services, such as health and social
services, in order for the Nation to meet the National
Education Goals.
[(3) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate
information about what children know and can do and
encourages curricula and instruction that focus on the
low-level skills measured by such tests.
[(4) Resources are more effective when resources are
used to ensure that children have full access to
effective high-quality regular school programs and
receive supplemental help through extended-time
activities.
[(5) Intensive and sustained professional development
for teachers and other school staff, focused on
teaching and learning and on helping children attain
high standards, is too often not provided.
[(6) Insufficient attention and resources are
directed toward effective use of technology in schools
and the role technology can play in professional
development and improved teaching and learning.
[(7) All parents can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
[(8) Decentralized decisionmaking is a key ingredient
of systemic reform. Schools need the resources,
flexibility, and authority to design and implement
effective strategies for bringing their children to
high levels of performance.
[(9) Opportunities for students to achieve high
standards can be enhanced through a variety of
approaches such as public school choice and public
charter schools.
[(10) Attention to academics alone cannot ensure that
all children will reach high standards. The health and
other needs of children that affect learning are
frequently unmet, particularly in high-poverty schools,
thereby necessitating coordination of services to
better meet children's needs.
[(11) Resources provided under this title can be
better targeted on the highest-poverty local
educational agencies and schools that have children
most in need.
[(12) Equitable and sufficient resources,
particularly as such resources relate to the quality of
the teaching force, have an integral relationship to
high student achievement.
[(d) Statement of Purpose.--The purpose of this title is to
enable schools to provide opportunities for children served to
acquire the knowledge and skills contained in the challenging
State content standards and to meet the challenging State
performance standards developed for all children. This purpose
shall be accomplished by--
[(1) ensuring high standards for all children and
aligning the efforts of States, local educational
agencies, and schools to help children served under
this title to reach such standards;
[(2) providing children an enriched and accelerated
educational program, including, when appropriate, the
use of the arts, through schoolwide programs or through
additional services that increase the amount and
quality of instructional time so that children served
under this title receive at least the classroom
instruction that other children receive;
[(3) promoting schoolwide reform and ensuring access
of children (from the earliest grades) to effective
instructional strategies and challenging academic
content that includes intensive complex thinking and
problem-solving experiences;
[(4) significantly upgrading the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
[(5) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with health and social
service programs funded from other sources;
[(6) affording parents meaningful opportunities to
participate in the education of their children at home
and at school;
[(7) distributing resources, in amounts sufficient to
make a difference, to areas and schools where needs are
greatest;
[(8) improving accountability, as well as teaching
and learning, by using State assessment systems
designed to measure how well children served under this
title are achieving challenging State student
performance standards expected of all children; and
[(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for students performance.]
SEC. 1001. STATEMENT OF PURPOSE.
The purpose of this title is to enable schools to provide
opportunities for children served under this title to acquire
the knowledge and skills contained in the challenging State
content standards and to meet the challenging State student
performance standards developed for all children. This purpose
should be accomplished by--
(1) ensuring high standards for all children and
aligning the efforts of States, local educational
agencies, and schools to help children served under
this title to reach such standards;
(2) providing children an enriched and accelerated
educational program, including the use of schoolwide
programs or additional services that increase the
amount and quality of instructional time so that
children served under this title receive at least the
classroom instruction that other children receive;
(3) promoting schoolwide reform and ensuring access
of children (from the earliest grades,
includingprekindergarten) to effective instructional strategies and
challenging academic content that includes intensive complex thinking
and problem-solving experiences;
(4) significantly elevating the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
(5) coordinating services under all parts of this
title with each other, with other educational services,
and to the extent feasible, with other agencies
providing services to youth, children, and families
that are funded from other sources;
(6) affording parents substantial and meaningful
opportunities to participate in the education of their
children at home and at school;
(7) distributing resources in amounts sufficient to
make a diffference to local educational agencies and
schools where needs are greatest;
(8) improving and strengthening accountability,
teaching, and learning by using State assessment
systems designed to measure how well children served
under this title are achieving challenging State
student performance standards expected of all children;
and
(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance.
SEC. 1002 [20 U.S.C. 6302] AUTHORIZATION OF APPROPRIATIONS.
(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are
authorized to be appropriated [$7,400,000,000 for fiscal year
1995] $15,000,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the four succeeding fiscal years.
(b) Even Start.--For the purpose of carrying out part B,
there are authorized to be appropriated [$118,000,000 for
fiscal year 1995] $500,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the four succeeding fiscal
years.
(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
[$310,000,000 for fiscal year 1995] $400,000,000 for fiscal
year 2001 and such sums as may be necessary for each of the
four succeeding fiscal years.
[(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out.--For the
purpose of carrying out part D, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal year.]
(d) Perental Assistance.--For the purpose of carrying out
part D, there are authorized to be appropriated $50,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
[(e) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$41,434,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.]
(e) Capital Expenses.--For the purpose of carrying out
section 1120(e), there are authorized to be appropriated
$15,000,000 for fiscal year 2001, $15,000,000 for fiscal year
2002, and $5,000,000 for fiscal year 2003.
(f) Additional Assistance for School Improvement.--For the
purpose of providing additional needed assistance to carry out
sections 1116 and 1117, there are authorized to be appropriated
such sums as may be necessary for fiscal year [1996 and each of
the three] 2001 and each of the four succeeding fiscal years.
[(g) Federal Activities.--
[(1) Section 1501.--For the purpose of carrying out
section 1501, there are authorized to be appropriated
$9,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
[(2) Sections 1502 and 1503.--For the purpose of
carrying out sections 1502 and 1503, 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.]
(g) Federal Activities.--
(1) Section 1501.--For the purpose of carrying out
section 1501, there are authorized to be appropriated
$10,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the four succeeding fiscal
years.
(2) Section 1502.--For the purpose of carrying out
section 1502 there are authorized to be appropriated
$25,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the four succeeding fiscal
years.
(h) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
$200,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.
[SEC. 1003. [20 U.S.C. 6303] RESERVATION AND ALLOCATION FOR SCHOOL
IMPROVEMENT.
[(a) Payment for School Improvement.--
[(1) In general.--Except as provided in paragraph
(3), each State may reserve for the proper and
efficient performance of its duties under subsections
(c)(5) and (d) of section 1116, and section 1117, one-
half of 1 percent of the funds allocated to the State
under subsections (a), (c), and (d), of section 1002
for fiscal year 1995 and each succeeding fiscal year.
[(2) Minimum.--The total amount that may be reserved
by each State, other than the outlying areas, under
this subsection for any fiscal year, when added to
amounts appropriated for such fiscal year, when added
to amounts appropriated for such fiscal year under
section 1002(f) that are allocated to the State under
subsection (b), if any, may not be less than $200,000.
The total amount that may be reserved by each outlying
area under this subsection for any fiscal year, when
added to amounts appropriated for such fiscal year
under section 1002(f) that are allocated under
subsection (b) to the outlying area, if any, may not be
less than $25,000.
[(3) Special rule.--If the amount reserved under
paragraph (1) when added to the amount made available
under section 1002(f) for a State is less than $200,000
for any fiscal year, then such State may reserve such
additional funds under subsections (a), (c) and (d) of
section 1002 as are necessary to make $200,000
available to such State.
[(b) Additional State Allocations for School Improvement.--
From the amount appropriated under section 1002(f) for any
fiscal year, such State shall be eligible to receive an amount
that bears the same ratio to the amount appropriated as the
amount allocated to the State under this part (other than
section 1120(e)) bears to the total mount allocated to all
States under this part (other than section 1120)e)).]
SEC. 1003. RESERVATIONS AND ALLOCATIONS FOR SCHOOL IMPROVEMENT.
(a) Secretary's Reservation and Allocation for School
Improvement From Amounts in Excess of $8,076,000,000.--
(1) Reservation.--The Secretary shall reserve 50
percent of the amount appropriated to carry out part A
for fiscal year 2001 and each of the 4 succeeding
fiscal years that is in excess of $8,076,000,000 to
make allotments to States under paragraph (2).
(2) Additional state allotments for assessment
development, school improvement, and academic
achievement awards.--
(A) Allotments.--The Secretary shall allot to
each State for a fiscal year an amount that
bears the same relation to the amount reserved
under paragraph (1) for the fiscal year as the
amount all local educational agencies in the
State received under section 1124 for the
fiscal year bears to the amount all local
educational agencies in all States received
under section 1124 for the fiscal year, except
that no State shall receive less than 0.5
percent of the amount reserved under paragraph
(1) for the fiscal year.
(B) Use of funds.--Funds allotted under
subparagraph (A) shall be used by a State to
carry out section 1111(b)(3), subsections (c)
and (d) of section 1116, and section 1117.
(C) Public notice and comment.--Each State
using funds allotted under this subsection
shall--
(i) provide the public with adequate
and efficient notice of the proposed
uses of the funds;
(ii) provide the opportunity for
parents, educators, and all other
interested members of the community to
comment regarding the proposed uses of
funds; and
(iii) provide the opportunity
described in clause (ii in accordance
with any applicable State law
specifying how the comments may be
received, and how the comments may be
received by any member of the public.
(D) Definition.--For purposes of this
subsection, the term ``State'' means each of
the several States of the United States, the
District of Columbia, and the Commonwealth of
Puerto Rico.
(b) State Reservation and Allocation for School
Improvement.--
(1) Payment for school improvement.--
(A) In general.--Except as provided in
paragraph (3), for fiscal year 2001 and each
succeeding fiscal year each State may reserve
for the proper and efficient performance of its
duties under subsections (a), (c) and (d) of
section 1116, and section 1117, one-half of 1
percent of the funds made available to the
State under--
(i) part A, except that such reserved
amount shall not exceed one-half of 1
percent of the funds made available to
the State under part A for fiscal year
2000;
(ii) part C of this title, and part B
of title III, for the fiscal year for
which the reservation is made.
(B) Minimum.--The total amount that may be
reserved by each State, other than the outlying
areas, under this subsection for any fiscal
year, when added to amounts appropriated for
such fiscal year under section 1002(f) that are
allocated to the State under paragraph (2), if
any, may not be less than $200,000. The total
amount that may be reserved by each outlying
area under this subsection for any fiscal year,
when added to amounts appropriated for such
fiscal year under section 1002(f) that are
allocated under paragraph (2) to the outlying
area, if any, may not be less than $25,000.
(C) Special rule.--If the amount reserved
under subparagraph (A) when added to the amount
made available under section 1002(f) for a
State is less than $200,000 for any fiscal
year, then such State may reserve such
additional funds under parts A and C of this
title, and part C of title III, as are
necessary to make $200,000 available to such
State.
(2) Additional state allocations for school
improvement.--From the amount appropriated under
section 102(f) for any fiscal year, each State shall be
eligible to receive an amount that bears the same ratio
to the amount appropriated as the amount allocated in
the State under part A (other than section 1120(e))
hours to the total amount allocated to all States under
part A (other than section 1120(e)).
SEC. 1111. [20 U.S.C. 6311] STATE PLANS.
(a) Plans Required.--
(1) In general.--Any State desiring to receive a
grant under this part shall submit to the Secretary a
plan, developed in consultation with local educational
agencies, teachers, pupil services personnel,
administrators, other staff, and parents, that
satisfies the requirements of this section, and that is
coordinated with other programs under this Act, [the
Goals 2000: Educate America Act,] the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998, the
Head Start Act, and other Acts, as appropriate,
consistent with section [14306] 6506.
(2) Consolidation plan.--A State plan submitted under
paragraph (1) may be submitted as part of a
consolidation plan under section [14302] 6502.
(b) Standards and Assessments.--
(1) Challenging standards.--(A) * * *
[(B) If a State has State content standards or State
student performance standards developed under title III
of the Goals 2000: Educate America Act and an aligned
set of assessments for all students developed under
such title, or, if not developed under such title,
adopted under another process, the State shall use such
standards and assessments, modified, if necessary, to
conform with the requirements of subparagraphs (A) and
(D) of this paragraph, and paragraphs (2) and (3).]
(B) The standards described in subparagraph (A) shall
be the same standards that the State applies to all
schools and children in the State.
[(C) If a State has not adopted State content
standards and State student performance standards for
all students, the State plan shall include a strategy
and schedule for developing State content standards and
State student performance standards for elementary and
secondary school children served under this part in
subjects as determined by the State, but including at
least mathematics and reading or language arts by the
end of the one-year period described in paragraph (6),
which standards shall include the same knowledge,
skills, and levels of performance expected of all
children.]
(C) The State shall have the standards described in
subparagraph (A) for elementary school and secondary
school children served under this part in subjects
determined by the State that include at least
mathematics, and reading or language arts, and such
standards shall require the same knowledge, skills, and
levels of performance for all children.
* * * * * * *
(2) Yearly progress.--
(A) * * *
[(B) Adequate yearly progress shall be
defined in a manner--
[(i) that is consistent with
guidelines established by the Secretary
that result in continuous and
substantial yearly improvement of each
local educational agency and school
sufficient to achieve the goal of all
children served under this part meeting
the State's proficient and advanced
levels of performance, particularly
economically disadvantaged and limited
English proficient children; and
[(ii) that links progress primarily
to performance on the assessments
carried out under this section while
permitting progress to be established
in part through the use of other
measures.]
(B) Adequate yearly progress shall be defined
in a manner--
(i) that is sufficient to achieve the
goal of all children served under this
part meeting the State's proficient and
advanced levels of performance within
10 years;
(ii) that results in continuous and
substantial academic improvement for
all students, including economically
disadvantaged and limited English
proficient students, except that this
clause shall not apply if the State
demonstrates to the Secretary that the
State has an insufficient number of
economically disadvantaged or limited
English proficient students;
(iii) that is based primarily on the
standards described in paragraph (1)
and the assessments aligned to State
standards described in paragraph (3),
and shall include specific State
determined yearly progress requirements
in subjects and grades included in the
State assessments; and
(iv) that is linked to performance on
the assessments carried out under this
section while permitting progress to be
established in part through other
academic indicators, whether defined in
the State plan or in a State-approved
local educational agency plan, such as
dropout rates.
* * * * * * *
(F) provide for--
(i) the participation in such
assessments of all students;
(ii) the reasonable adaptations and
accommodations for students with
diverse learning needs, necessary to
measure the achievement of such
students relative to State content
standards; [and]
(iii) the inclusion of limited
English proficient students who shall
be assessed, to the extent practicable,
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do,
to determine such students' mastery of
skills in subjects other than English;
and
(iv) notwithstanding clause (iii),
the assessment (using tests written in
English) of reading or language arts of
any student who has attended school in
the United States (excluding the
Commonwealth of Puerto Rico) for 3 or
more consecutive years for the purpose
of school accountability;
* * * * * * *
[(H) provide individual student interpretive
and descriptive reports, which shall include
scores, or other information on the attainment
of student performance standards; and]
(H) provide individual student interpretive
and descriptive reports, which shall include
scores or other information on the attainment
of student performance standards, such as
measures of student course work over time,
student attendance rates, student dropout
rates, and student participation in advanced
level courses;
* * * * * * *
(5) Language assessments.--Each State plan shall
indentify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
assessments are not available and are needed. The State
shall make every effort to develop such assessments and
may request assistance from the Secretary if
linguistically accessible assessment measures are
needed. Upon request, the Secretary shall assist with
the identification of appropriate assessment measures
in the needed languages [through the Office of
Bilingual Education and Minority Languages Affairs],
but shall not mandate a specific assessment or mode of
instruction
* * * * * * *
(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
(1)(A) * * *
(B) the State educational agency will work with other
agencies, including educational service agencies or
other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools to carry out the State educational agency's
responsibilities under this part, including technical
assistance in providing professional development under
section [1119 and] 1119, technical assistance under
section 1117, and parental involvement under section
1118; and
* * * * * * *
(5) the State educational agency will inform the
Secretary and the public regarding how Federal laws
hinder, if at all, the ability of States to hold local
educational agencies and schools accountable for
student academic performance;
(6) the State educational agency will inform the
Secretary and the public regarding how the State
educational agency is reducing, if necessary, State
fiscal, accounting, and other barriers to local school
and school district reform, including barriers to
implementing schoolwide programs;
(7) the State educational agency will inform local
educational agencies of the local educational agencies'
ability to obtain waivers under part F of title VI and,
if the State is an Ed-Flex Partnership State, waivers
under the Educational Flexibility Partnership Act of
1999 (20 U.S.C. 5891a et seq.);
[(5)] (8) the Committee of Practitioners established
under section 1603(b) will be substantially involved in
the development of the plan and will continue to be
involved in monitoring the plan's implementation by the
State; and
[(6)] (9) the State will coordinate activities funded
under this part with school-to-work, vocational
education, cooperative education and mentoring
programs, and apprenticeship programs involving
business, labor, and industry, as appropriate.]
(9) the State will coordinate activities funded under
this part with other Federal activities as appropriate.
(d) Parental Involvement.--Each State plan shall
demonstrate that the State will support, in collaboration with
the regional educational laboratories, the collection and
dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
(1) be based on the most current research of
effective parental involvement that fosters achievement
to high standards for all children; and
(2) be geared toward lowering barriers to greater
participation in school planning, review, and
improvement experienced by parents.
[(d)] (e) Peer Review and Secretarial Approval.--
(1) In general.--The Secretary shall--
(A) establish a peer review process to assist
in the review and recommendations for revision
of State plans;
(B) appoint individuals to the peer review
process who are representative of State
educational agencies, local educational
agencies, teachers, and parents, and who are
familiar with educational standards,
assessments, accountability, and other diverse
educational needs of students;
* * * * * * *
[(e)] (f) Duration of the Plan.--
* * * * * * *
[(f)] (g) Limitation on Conditions.--Nothing in this part
shall be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control a State,
local educational agency, or school's specific instructional
content or student performance standards and assessments,
curriculum, or program of instruction, as a condition of
eligibility to receive funds under this part.
[(g)] (h) Special Rule.--If the aggregate State expenditure
by a State educational agency for the operation of elementary
and secondary education programs in the State is less than such
agency's aggregate Federal expenditure for the State operation
of all Federal elementary and secondary education programs,
then the State plan shall include assurances and specific
provisions that such State will provide State expenditures for
the operation of elementary and secondary education programs
equal to or exceeding the level of Federal expenditures for
such operation by October 1, [1998] 2005.
(i) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals.
SEC. 1112. [20 U.S.C. 6312] LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, [the Goals 2000: Educate
America Act, and other Acts, as appropriate, as
specified in section 14306] the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998, the
Head Start Act, and other Acts, as appropriate.
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section [4304] 6504.
(b) Plan Provisions.--Each local educational agency plan
shall include--
* * * * * * *
(3) a description of the strategy the local
educational agency will use to provide professional
development for teachers, and, where appropriate, pupil
services personnel, administrators, parents and other
staff, including local educational agency level staff
in accordance with section 1119, which strategy shall
be coordinated with activities under title II if the
local educational agency receives funds under title II;
(4) * * *
(A) Even Start, Head Start, and other
preschool programs, including plans for the
transition of participants in such programs to
local elementary school [programs, vocational]
programs and vocational education programs[,
and school-to-work transition programs]; and
(B) services for children with limited
English proficiency or with disabilities,
migratory children [served under part C or who
were formerly eligible for services under part
C in the two-year period preceding the date of
the enactment of the Improving America's School
Act of 1994], neglected or delinquent youth and
youth at risk of dropping out [served under
part D], homeless children, and immigrant
children in order to increase program
effectiveness, eliminate duplication, and
reduce fragmentation of the instructional
program;
* * * * * * *
[(9) where appropriate, a description of how the
local educational agency will use funds under this part
to support pre-school programs for children,
particularly children participating in a Head Start or
Even Start program, which services may be provided
directly by the local educational agency or through a
subcontract with the local Head Start agency designated
by the Secretary of Health and Human Services under
section 641 of the Head Start Act, agencies operating
Even Start programs, or another comparable public early
childhood development program.]
(9) where appropriate, a description of how the local
educational agency will use funds under this part to
support early childhood educational programs under
section 1120B.
[(c) Assurances.--
[(1) In general.--Each local educational agency plan
shall provide assurances that the local educational
agency will--
[(A) inform eligible schools and parents of
schoolwide project authority;
[(B) provide technical assistance and support
to schoolwide programs;
[(C) work in consultation with schools as the
schools develop the school's plans pursuant to
section 1114 and assist schools as the schools
implement such plans or undertake activities
pursuant to section 1115 so that each school
can make adequate yearly progress toward
meeting the State content standards and State
student performance standards;
[(D) fulfill such agency's school improvement
responsibilities under section 1116, including
taking corrective actions under section
1116(c)(4);
[(E) coordinate and collaborate, to the
extent feasible and necessary as determined by
the local educational agency, with other
agencies providing services to children, youth,
and families, including health and social
services;
[(F) provide services to eligible children
attending private elementary and secondary
schools in accordance with section 1120, and
timely and meaningful consultation with private
school officials regarding such services;
[(G) take into account the experience of
model programs for the educationally
disadvantaged, and the findings of relevant
research indicating that services may be most
effective if focused on students in the
earliest grades at schools that receive funds
under this part; and
[(H) beginning in fiscal year 1997 and in the
case that a local educational agency chooses to
use funds under this part to provide early
childhood development services to low-income
children below the age of compulsory school
attendance, ensure that such services comply
with the performance standards established
under section 641A(a) of the Head Start Act or
under section 651 of such Act, as such section
651 was in effect on the day preceding the date
of enactment of the Human Service Amendments of
1994.
[(2) Special rule.--In carrying out subparagraph (H)
of paragraph (1) the Secretary--
[(A) in fiscal year 1995, shall consult with
the Secretary of Health and Human Services on
the implementation of such subparagraph and
shall establish procedures (taking into
consideration existing State and local laws,
and local teacher contracts) to assist local
educational agencies to comply with such
subparagraph; and
[(B) in fiscal year 1996, shall disseminate
to local educational agencies the Head Start
Performance Standards revised pursuant to
section 641A(a) of the Head Start Act, and such
agencies effected by such subparagraph shall
plan for the implementation by such subparaph
(taking into consideration existing State and
local laws, and local teachers contracts),
including pursuing the availability of other
Federal, State, and local funding sources to
assist in compliance with such subparagraph.
[(3) Inapplicability.--The provisions of this
subsection shall not apply to preschool programs under
the Even Start model or to Even Start programs which
are expanded through the use of funds under this part.]
(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
(1) inform eligible schools and parents of schoolwide
project authority;
(2) provide technical assistance and support to
schoolwide programs;
(3) work in consultation with schools as the schools
develop the schools' plans pursuant to section 1114 and
assist schools as the schools implement such plans or
under take activities pursuant to section 1115 so that
each school can make adequate yearly progress toward
meeting the State content standards and State student
performance standards;
(4) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under section 1116(c)(5);
(5) work in consultation with schools as the schools
develop and implement their plans or activities under
sections 1118 and 1119;
(6) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational
agency, with other agencies providing services to
children, youth, and families, including health and
social services;
(7) provide services to eligible children attending
private elementary and secondary schools in accordance
with section 1120, and timely and meaningful
consultation with private school officials regarding
such services;
(8) take into account the experience of model programs
for the educationally disadvantaged, and the findings
of relevant research indicating that services may be
most effective if focused on students in the earliest
grades at schools that receive funds under this part;
(9) comply with the requirements of section 1119
regarding professional development;
(10) inform eligible schools of the local educational
agency's authority to obtain waivers on the school's
behalf under part F of title VI, and if the State is an
Ed-Flex Partnership State, waivers under the Education
Flexibility Partnership Act of 1999; and
(11) coordinate and collaborate, to the extent
feasible and necessary as determined by the local
educational agency, with other agencies providing
services to children, youth, and families.
* * * * * * *
(e) State Approval.--
(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency[, except that a local
educational agency shall have not more than one year
after the date of enactment of the Improving America's
Schools Act of 1994 to have such plan provisionally
approved by the State educational agency and not more
than two years after the date of enactment of such Act
to have such plan finally approved by the State
educational agency].
* * * * * * *
(3) Review.--The State educational agency shall review
the local educational agency's plan to determine if
such agency's [professional development] activities are
in accordance with [section 1119] sections 1118 and
1119.
* * * * * * *
SEC. 1113. [20 U.S.C. 6313] ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) Determination.--
(1) In general.-- * * *
* * * * * * *
(b) Local Educational Agency Discretion.--
* * * * * * *
(B) use funds received under this part in a
school that is not in an eligible school
attendance area, if the percentage of children
from low-income families enrolled in the school
is equal to or greater than the percentage of
such children in a participating school
attendance area of such agency; [and]
(C) * * *
* * * * * * *
(iii) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this part[.]; and
(D) designate and serve a school attendance
area or school that is not an eligible school
attendance area under subsection (a)(2), but
that was an eligible school attendance area and
was served in the fiscal year preceding the
fiscal year for which the determination is
made, but only for 1 additional fiscal year.
SEC. 1114. [20 U.S.C. 6314] SCHOOLWIDE PROGRAMS.
(a) Use of Funds for Schoolwide Programs.--
[(1) In general.--A local educational agency may use
funds under this part, in combination with other
Federal, State, and local funds, in order to upgrade
the entire educational program in a school described in
subparagraph (A) or (B) if, for the initial year of the
schoolwide program, the school meets either of the
following criteria:]
(1) In general.--A local education agency may use
funds under this part, together with other Federal,
State, and local funds, to upgrade the entire
educational program of a school that serves an eligible
school attendance area in which not less than 40
percent of the children are from low-income families,
or not less than 40 percent of the children enrolled in
the school are from such families, for the initial year
of the schoolwide program.
* * * * * * *
(4) [Special rule.--] Exemption from statutory and
regulatory requirements._(A) Except as provided in
subsection (b), the Secretary may, through publication
of a notice in the Federal Register, exempt schoolwide
programs under this section from statutory or
regulatory provisions of any other noncompetitive
formula grant program administered by the Secretary, or
any discretionary grant program administered by the
Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities
Education Act), to support schoolwide programs, if the
intent and purposes of such other programs are met.
* * * * * * *
(C) A school that chooses to use funds from such
other programs under this sections shall not be
required to maintain separate fiscal accounting
records, by program, that identify the specific
activities supported by those particular funds as long
as the school maintains records that demonstrate that
the schoolwide program, considered as a whole,
addresses the intent and purposes of each of the
programs that were consolidated to support the
schoolwide program.
* * * * * * *
(b) Components of a Schoolwide Program.--
(1) In general.--A schoolwide program shall include
the following components:
(A) * * *
* * * * * * *
(B) * * *
(vii) are consistent with, and are
designed to implement, the State and
local improvement plans[, if any,
approved under title III of the Goals
2000: Educate America Act].
* * * * * * *
(E) Strategies to increase parental
involvement[, such as family literary
services]. (including activities described in
section 1118), such as family literacy
services, in-school volunteer opportunities, or
parent membership on school-based leadership or
management teams.
* * * * * * *
(2) Plan.--(A) Any eligible school that desires to
operate a schoolwide program shall first develop (or
amend a plan for such a program that was in existence
before the date of enactment of the [Improving
America's Schools Act of 1994] Educational
Opportunities Act), in consultation with the local
education agency and its school support team or other
technical assistance provider under subsections (c)(1)
and (e) of section 1117, a comprehensive plan for
reforming the total instructional program in the school
that--
(i) * * *
* * * * * * *
(iv) describes how the school will provide
individual student assessment results,
including an interpretation of those results in
a language the family can understand, to the
parents of a child who participates in the
assessment required by section 1111(b)(3);
* * * * * * *
(C) The comprehensive plan shall be--
(i) developed during a one-year period,
unless--
(I) * * *
(II) the school is operating a
schoolwide program on the day preceding
the date of enactment of the [Improving
America's Schools Act of 1994]
Educational Opportunities Act, in which
case such school may continue to
operate such program, but shall develop
a new plan during the first year of
assistance under such Act to reflect
the provisions of this section;
* * * * * * *
(v) where appropriate, developed in
coordination with programs under [the School-
to-Work Opportunities Act of 1994] part C of
title II, the Carl D. Perkins Vocational and
Technical Education Act of 1998, and the
National and Community Service Act of 1990.
* * * * * * *
SEC. 1115. [20 U.S.C. 6315] TARGETED ASSISTANCE SCHOOLS.
(a) In General.--* * *
* * * * * * *
(b) Eligible Children.--
* * * * * * *
(i) * * *
(ii) children who are not yet at a
grade level where the local educational
agency provides a free public
education[, yet are of an age at which
such children can benefit from an
organized instructional program
provided in a school or other
educational setting].
* * * * * * *
(2) Children included.--(A)(i) * * *
* * * * * * *
(B) A child who, at any time in the two years
preceding the year for which the determination is made,
participated in a Head Start or Even Start program, or
in early childhood education services under this title,
is eligible for services under this part.
(C)(i) A child who, at any time in the two years
preceding the year for which the determination is made,
received services under the program for youth who are
neglected, delinquent, or at risk of dropping out
[under part D (or its predecessor authority)] may be
eligible for services under this part.
* * * * * * *
(c) Components of a Targeted Assistance School Program.--
(1) In general.--* * *
(A) * * *
* * * * * * *
[(G) in accordance with subsection (e)(3) and
section 1119, provide opportunities for
professional development with resources
provided under this part, and from other
sources to the extent feasible, for
administrators and for teachers and other
school staff who work with participating
children in programs under this section or in
the regular education program; and]
(G) provide opportunities for professional
development with resources provided under this
part, and to the extent practicable, from other
sources, for teachers, principals,
administrators, paraprofessionals, pupil
services personnel, and parents, who work with
participating children in programs under this
section or in the regular education program;
and
(H) provide strategies to increase parental
involvement[, such as family literary services]
(including activities described in section
1118), such as family literacy services, in-
school volunteer opportunities, or parent
membership on school-based leadership or
management teams.
* * * * * * *
SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.
(a) In General.--If a student is eligible to be served
under section 1115(b), or attends a school eligible for a
schoolwide program under section 1114, and--
(1) becomes a victim of a violent criminal offense
while in or on the grounds of a public elementary
school or secondary school that the student attends and
that receives assistance under this part, then the
local educational agency shall allow such student to
transfer to another public school or public charter
school in the same State as the school where the
criminal offense occurred, that is selected by the
student's parent unless allowing such transfer is
prohibited--
(A) under the provisions of a State or local
law; or
(B) by a local educational agency policy that
is approved by a local school board; or
(2) the public school that the student attends and
that receives assistance under this part has been
designated as an unsafe public school, then the local
educational agency may allow such student to transfer
to another public school or public charter school in
the same State as the school where the criminal offense
occurred, that is selected by the student's parent.
(b) State Educational Agency Determinations.--
(1) The State educational agency shall determine,
based upon State law, what actions constitute a violent
criminal offense for purposes of this section.
(2) The State educational agency shall determine
which schools in the State are unsafe public schools.
(3) The Term ``unsafe public schools'' means a public
school that has serious crime, violence, illegal drug,
and discipline problems, as indicated by conditions
that may include high rates of--
(A) expulsions and suspensions of students
from school;
(B) referrals of students to alternative
schools for disciplinary reasons, to special
programs or schools for delinquent youth, or to
juvenile court;
(C) victimization of students or teachers by
criminal acts, including robbery, assault and
homicide;
(D) enrolled students who are under court
supervision for past criminal behavior;
(E) possession, use, sale or distribution of
illegal drugs;
(F) enrolled students who are attending
school while under the influence of illegal
drugs or alcohol;
(G) possession or use of guns or other
weapons;
(H) participation in youth gangs; or
(I) crimes against property, such as theft or
vandalism.
(c) Transportation Costs.--The local educational agency
that serves the public school in which the violent criminal
offense occurred or that serves the designated unsafe public
school may use funds provided under this part to provide
transportation services or to pay the reasonable costs of
transportation for the student to attend the school selected by
the student's parent.
(d) Special Rule.--Any school receiving assistance provided
under this section shall comply with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not
discriminate on the basis of race, color, or national origin.
(e) Part B of the Individuals With Disabilities Education
Act.--Nothing in this section shall be construed to affect the
requirements of part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.).
(f) Maximum Amount.--Notwithstanding any other provision of
this section, the amount of assistance provided under this part
for a student who elects a transfer under this section shall
not exceed the per pupil expenditures for elementary or
secondary school students as provided by the local educational
agency that serves the school involved in the transfer.
SEC. 1116. [20 U.S.C. 6317] ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND
SCHOOL IMPROVEMENT.
[(a) Local Review.--Each local educational agency receiving
funds under this part shall--
[(1) use the State assessments described in the State
plan;
[(2) use any additional measures or indicators
described in the local educational agency's plan to
review annually the progress of each school served
under this part to determine whether the school is
meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) toward enabling its students
to meet the State's student performance standards
described in the State plan;
[(3) publicize and disseminate to teachers and other
staff, parents, students, and the community, the
results of the annual review under paragraph (2) of all
schools served under this part in individual school
performance profiles that include statistically sound
disaggregated results as required by section
1111(b)(3)(I); and
[(4) provide the results of the local annual review
to schools so that the schools can continually refine
the program of instruction to help all children served
under this part in those schools meet the State's
student performance standards.]
(a) Local Review.--
(1) In general.--Each local educational agency
receiving funds under this part shall--
(A) use the State assessments described in
the State plan;
(B) use any additional measures or indicators
described in the local educational agency's
plan to review annually the progress of each
school served under this part to determine
whether the school is meeting, or making
adequate progress as defined in section
1111(b)(2)(A)(i) toward enabling its students
to meet the State's student performance
standards described in the State plan; and
(C) provide the results of the local annual
review to schools so that the schools can
continually refine the program of instruction
to help all children served under this part in
those schools meet the State's student
performance standards.
(2) Local reports.--(A) Following the annual review
specified in paragraph (1)(B), each local educational
agency receiving funds under this part shall prepare
and disseminate an annual performance report regarding
each school that receives funds under this part. The
report, at a minimum, shall include information
regarding--
(i) each school's performance in making
adequate yearly progress and whether the school
has been identified for school improvement;
(ii) the progress of each school in enabling
all students served under this part to meet the
State-determined levels of performance,
including the progress of economically
disadvantaged students and limited English
proficient students, except that this clause
shall not apply to a State if the State
demonstrates that the State has an insufficient
number of economically disadvantaged or limited
English proficient students; and
(iii) any other information the local
educational agency determines appropriate (such
as information on teacher quality, school
safety, and drop-out rates).
(B) The local educational agency shall publicize and
disseminate the report to teachers and other staff,
parents, students, and the community. Such report shall
be concise and presented in a formal and manner that
parents can understand. The local educational agency
may issue individual school performance reports
directly to teachers and other staff, parents,
students, and the community, or the local educational
agency may publicize and disseminate the report through
a widely read or distributed medium, such as posting on
the Internet or distribution to the media.
(C) Information collected and reported under this
section shall be collected and disseminated in a manner
that protects the privacy of individuals.
(D) In the case of a local educational agency for
which the State report described in section 1116(d)
contains data about an individual school served by the
local educational agency that is equivalent to the data
required by this subsection, such local educational
agency shall not be required to prepare or distribute a
report regarding such school under this paragraph.
* * * * * * *
[(c) School Improvement.--
[(1) In general.--A local educational agency shall
identify for school improvement any school served under
this part that--
[(A) has been in program improvement under
section 1020 of the elementary and Secondary
Education Act of 1965 (as such section was in
effect on the day preceding the date of
enactment of the Improving America's Schools
Act of 1994), for at least two consecutive
school years prior to such day;
[(B) has not made adequate progress as
defined in the State's plan under section
1111(b)(2)(A)(i) for two consecutive school
years, except that--
[(i) this subparagraph shall not
apply to a school if almost every
student in such school is meeting the
State's advanced level of performance;
or
[(ii) in the case of a targeted
assistance school, such school may be
reviewed on the progress of only those
students that have been or are served
under this part; or
[(C) has failed to meet the criteria
established by the State through the State's
transitional procedure under section
1111(b)(7)(B) for two consecutive years.
(2) Requirement.--(A) Each school identified under
paragraph (1) shall--
[(i) in consultation with parents, the local
educational agency, and the school support
team, develop or revise a school plan in ways
that have the greatest likelihood of improving
the performance of participating children in
meeting the State's student performance
standards; and
[(ii) submit the plan or revised plan to the
local educational agency for approval.
[(B) Before identifying a school for school
improvement under paragraph (1), the local educational
agency shall provide the school with an opportunity to
review the school-level data, including assessment
data, on which such identification is based. If the
school believes that such identification for school
improvement is in error for statistical or other
substantive reasons, such school may provide evidence
to the local educational agency to support such belief.
[(C) During the first year immediately following such
identification, the school shall implement such schools
plan or revised plan.
[(3) Professional development.--(A) Each school
identified under paragraph (1) shall, as part of the
school plan under paragraph (2), improve the skills of
its staff by providing effective professional
development activities. A school shall demonstrate such
school's compliance with this paragraph by--
[(i) devoting to such activities, over two
consecutive years, an amount equivalent to at
least 10 percent of the funds received by the
school under this part during one fiscal year;
or
[(ii) otherwise demonstrating that such
school is effectively carrying out professional
development activities.
[(B) A school may use funds from any source to meet
the requirements of this subsection.
[(C) Decisions about how to use the funds made
available under this part which the school makes
available for professional development shall be made by
teachers, principals, and other school staff in that
school.
[(4) Technical assistance.--(A) For each school
identified under paragraph (1), the local educational
agency shall provide technical or other assistance as
the school develops and implements such school's plan
or revised plan, such as a joint plan between the local
educational agency and school that addresses specific
elements of student performance problems and that
specifies school and local education agency
responsibilities under the plan, and waivers or
modifications of requirements of local educational
agency policy or regulation that impede the ability of
the school to educate students.
[(B) Such technical assistance may be provided
directly by the local educational agency, through
mechanisms authorized under section 1117, or with the
local educational agency's approval, by an institution
of higher education, a private nonprofit organization,
an educational service agency, a comprehensive regional
assistance center under part A of title XIII, or other
entities with experience in helping schools improve
achievement.
[(5) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance
pursuant to paragraph (4) and taking other remediation
measures, the local educational agency may take
corrective action at any time against a school that has
been identified under paragraph (1), but, during the
third year following identification under paragraph
(1), shall take such action against any school that
still fails to make adequate progress.
[(B)(i) Corrective actions are those, consistent with
State and local law, determined and made public and
disseminated by the local educational agency, which may
include--
[(I) withholding funds;
[(II) interagency collaborative agreements
between the school and other public agencies to
provide health, counseling, and other social
services needed to remove barriers to learning;
[(III) revoking authority for a school to
operate a schoolwide program;
[(IV) decreasing decisionmaking authority at
the school level;
[(V) making alternative governance
arrangements such as the creation of a public
charter school;
[(VI) reconstituting the school staff; and
[(VII) authorizing students to transfer,
including transportation costs, to other public
schools served by the local educational agency.
[(ii) Notwithstanding clause (i), corrective actions
taken pursuant to this part shall not include the
actions described in subclause (I), (III), (IV), (VI),
or (VII) of clause (i) until the State has developed
assessments that meet the requirements of subparagraph
(C) of section 1111(b)(3).
[(C) Prior to implementing any corrective action, the
local educational agency may refrain from such
corrective action for one additional year to the extent
that the failure to make progress can be attributed to
extenuating circumstances as determined by the local
educational agency.
[(D) A school that is no longer operating its
schoolwide program due to a corrective action may not
resume operation of such a program until the local
educational agency determines that the school has
adequately reformed its schoolwide program plan to
enable the school to make adequate progress toward
meeting the State's challenging student performance
standards.
[(6) State educational agency responsibilities.--The
State educational agency shall--
[(A) make technical assistance under section
1117 available to the schools farthest from
meeting the State's challenging student
performance standards, if requested by the
school or local educational agency; and
[(B) if such agency determines that a local
educational agency failed to carry out the
local educational agency's responsibilities
under paragraphs (4) and (5), take such
corrective actions as the State educational
agency deems appropriate and which are in
compliance with State law.
[(7) Special rule.--Schools that, for at least two of
the three years following identification under
paragraph (1), make adequate progress toward meeting
the State's proficient and advanced levels of
performance shall no longer need to be identified for
school improvement.]
(c) School Improvement.--
(1) In general.--(A) A local educational agency shall
identify for school improvement any school served under
this part that for 2 consecutive years failed to make
adequate yearly progress as defined in the State's plan
in section 1111, except that in the case of a targeted
assistance program under section 1115, a local
educational agency may review the progress of only
those students in such school who are served under this
part.
(B) The 2 year period described in clause (i) shall
include any continuous period of time immediately
preceding the date of enactment of the Education
Opportunities Act, during which a school did not make
adequate yearly progress as defined in the State's
plan, as such plan was in effect on the day preceding
the date of such enactment.
(C) Before identifying a school for school
improvement under subparagraph (A), the local
educational agency shall provide the school with an
opportunity to review the school-level data, including
assessment data, on which such identification is based.
The review period shall not exceed 30 days, and at the
end of the review period the local educational agency
shall make a final determination as to the school
improvement status of the school. If the school
believes that such identification for school
improvement is in error for statistical or other
substantive reasons, such school may provide evidence
to the local educational agency to support such belief.
(2) School plan.--(A) Each school identified under
paragraph (1), in consultation with parents, the local
educational agency, and the school support team or
other outside experts, shall revise a school plan that
addresses the fundamental teaching and learning needs
in the school and--
(i) describes the specific achievement
problems to be solved;
(ii) includes research-based strategies,
supported with specific goals and objectives,
that have the greatest likelihood of improving
the performance of participating children in
meeting the State's student performance
standards;
(iii) explains how those strategies will work
to address the achievement problems identified
under clause (i);
(iv) addresses the need for high-quality
staff by setting goals for ensuring that high
quality professional development programs are
supported with funds under this part;
(v) addresses the professional development
needs of instructional staff by committing to
spend not less than 10 percent of the funds
received by the school under this part during 1
fiscal year for professional development, which
professional development shall increase the
content knowledge of teachers and build the
capacity of the teachers to align classroom
instruction with challenging content standards
and to bring all students to proficient or
advanced levels of performance as determined by
the State;
(vi) identifies specific goals and objectives
the school will undertake for making adequate
yearly progress, which goals and objectives
shall be consistent with State and local
standards;
(vii) specifies the responsibilities of the
school and the local educational agency,
including how the local educational agency will
hold the school accountable for, and assist the
school in, meeting the school's obligations to
provide enriched and accelerated curricula,
effective instructional methods, high quality
professional development, and timely and
effective individual assistance, in partnership
with parents; and
(viii) includes strategies to promote
effective parental involvement in the school.
(B) The school shall submit the plan or revised plan
to the local educational agency for approved within 3
months of being identified. The local educational
agency shall promptly subject the plan to a review
process, work with the school to revise the plan as
necessary, and approve the plan within 1 monthof
submission. The school shall implement the plan as soon as the plan is
approved.
(3) Parental notification.--Each school identified
under paragraph (1) shall in understandable language
and form, promptly notify the parents of each student
enrolled in the school that the school was designated
by the local educational agency as needing improvement
and provide with the notification--
(A) the reasons for such designation;
(B) information about opportunities for
parents to participate in the school
improvement process; and
(C) an explanation of the option afforded to
parents, pursuant to paragraph (6), to transfer
their child to another public school, including
a public charter school, that is not identified
for school improvement.
(4) Technical assistance.--(A) For each school
identified for school improvement under paragraph (1),
the local educational agency shall provide technical
assistance as the school develops and implement its
plan. Such technical assistance shall include effective
methods and research-based instructional strategies.
(B) Such technical assistance shall be designed to
strengthen the core academic program for the students
served under this part and addresses specific elements
of student performance problems, including problems, if
any, in implementing the parental involvement
requirements described in section 1118, the
professional development requirements described in
section 1119, and the responsibilities of the school
and local educational agency under the school plan.
(5) Corrective action.--In order to help students
served under this part meet challenging State
standards, each local educational agency shall
implement a system of corrective action in accordance
with the following:
(A) After providing technical assistance
under paragraph (4), the local educational
agency may take corrective action at any time
with respect to a school that has been
identified under paragraph (1), but shall take
corrective action with respect to any school
that fails to make adequate yearly progress, as
defined by the State, at the end of the second
year following the school's identification
under paragraph (1) and shall continue to
provide technical assistance while instituting
any corrective action.
(B) Consistent with State and local law, in
the case of a school described in subparagraph
(A) for which corrective action is required,
the local educational agency shall not take
less than 1 of the following corrective
actions:
(i) Instituting and fully
implementing a new curriculum that is
based on State and local standards,
including appropriate research-based
professional development for all
relevant staff that offers substantial
promise of improving educational
achievement for low-performing
students.
(ii) Restructuring the school, such
as by--
(I) making alternative
governance arrangements (such
as the creation of a public
charter school); or
(II) creating schools within
schools or other small learning
environments.
(iii) Developing and implementing a
joint plan between the local
educational agency and the school that
addresses specific elements of student
performance problems and that specifies
the responsibilities of the local
educational agency and the school under
the plan.
(iv) Reconstituting the school staff.
(v) Decreasing decisionmaking
authority at the school level.
(C) Consistent with State and local law, in
the case of a school described in subparagraph
(A), the local educational agency may take the
following corrective actions:
(i) Deferring, reducing, or
withholding funds.
(ii) Restructuring or abolishing the
school.
(D) A local educational agency may delay, for
a period not to exceed 1 year, implementation
of corrective action--
(i) the local educational agency
assesses the school's performance and
determines that the school is meeting
the specific State-determined yearly
progress requirements in subjects and
grades included in the State
assessments; and
(ii) the school will meet the State's
criteria for adequate yearly progress
within 1 year;
(E) The local educational agency shall
publish, and disseminate to the public and to
parents, in a format and, to the extent
practicable, in a language that the parents can
understand, any corrective action the local
educational agency takes under this paragraph,
through such means as the Internet, the media,
and public agencies.
(6) Public school choice.--
(A) School identified for improvement.--
(i) Schools identified on or before
enactment.--Not later than 6 months
after the date of the enactment of the
Educational Opportunities Act, a local
educational agency shall provide all
students enrolled in a school
identified (on or before such date of
enactment) under paragraphs (1) and (5)
with an option to transfer to any other
public school within the local
educational agency or any public school
consistent with subparagraph (B),
including a public charter school that
has not been identified for school
improvement,unless such option to
transfer is prohibited--
(I) under the provisions of a
State or local law; or
(II) by a local educational
agency policy that is approved
by a local school board.
(ii) Schools identified after
enactment.--Not later than 6 months
after the date on which a local
educational agency identifies a school
under paragraphs (1) and (5), the
agency shall provide all students
enrolled in such school with an option
described in clause (i).
(B) Cooperative agreements.--If all public
schools in the local educational agency to
which a child may transfer are identified under
paragraphs (1) and (5), then the agency, to the
extent practicable, shall establish a
cooperative agreement with other local
educational agencies in the area for the
transfer, unless the transfer is prohibited
under--
(i) the provisions of a State or
local law; or
(ii) a local educational agency
policy that is approved by a local
school board.
(C) Transportation.--
(i) In general--.The local
educational agency in which the schools
have been identified under paragraph
(1) may use funds under this part to
provide transportation to students
whose parents choose to transfer their
child or children to a different
school.
(ii) Corrective action.--If a school
has been identified under paragraph
(5), the local educational agency shall
provide such students transportation
(or the costs of transportation) to
schools not identified under paragraph
(1) or (5).
(iii) Maximum amount.--
Notwithstanding any other provisions of
this paragraph, the amount of
assistance provided under this part for
a student who elects a transfer under
this paragraph shall not exceed the per
pupil expenditures for elementary
school or secondary school students as
provided by the local educational
agency that serves the school involved
in the transfer.
(D) Continue option.--Once a school is no
longer identified for school improvement, the
local educational agency shall continue to
provide public school choice as an option to
students in such school for a period of not
less than 2 years.
(7) State educational agency responsibilities.--If a
State educational agency determines that a local
educational agency failed to carry out the local
educational agency's responsibilities under this
section, the State educational agency shall take into
account such action as the State educational agency
finds necessary, consistent with this section, to
improve the affected schools and to ensure that the
local educational agency carries out the local
educational agency's responsibilities under this
section.
(8) Special rule.--Schools that, for at least 2 of
the 3 years following identification under paragraph
(1), make adequate progress toward meeting the State's
proficient and advanced levels of performance shall no
longer need to be identified for school improvement.
(9) Waivers.--The State educational agency shall
review any waivers approved for a school designated for
improvement or corrective action prior to the date of
enactment of the Educational Opportunities Act and
shall terminate any waiver approved by the State under
the Educational Flexibility Partnership Act of 1999 if
the State determines, after notice and an opportunity
for a hearing, that the waiver is not helping such
school to make yearly progress to meet the objectives
and specific goals described in the school's
improvement plan.
(d) State Review and Local Educational Agency
Improvement.--
[(1) In general.--A State educational agency shall--
[(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate progress as defined in section
1111(b)(2)(A)(ii) toward meeting the State's
student performance standards; and
[(B) publicize and disseminate to local
education agencies, teachers and other staff,
parents, students, and the community the result
of the State review, including statistically
sound disaggregated results, as required by
section 1111(b)(3)(I).]
(1) In general.--(A) A State educational agency shall
annually review the progress of each local educational
agency receiving funds under this part to determine
whether schools receiving assistance under this part
are making adequate progress as defined in section
1111(b)(2)(A)(ii) toward meeting the State's student
performance standards.
(B) State reports.--Following the annual review
specified in subparagraph (A), each State educational
agency that receives funds under this part shall
prepare and disseminate an annual performancereport
regarding each local educational agency that receives funds under this
part.
(C) Contents.--The State, at a minimum, shall include
in the report information on each local educational
agency regarding--
(i) local educational agency performance in
making adequate yearly progress, including the
number and percentage of schools that did and
did not make adequate yearly progress.
(ii) the progress of the local educational
agency in enabling all students served under
this part to meet the State's proficient and
advanced levels of performance, including the
progress of economically disadvantaged students
and limited English proficient students, except
that this clause shall not apply to a state if
the State demonstrates that the State has an
insufficient number of economically
disadvantaged or limited English proficient
students; and
(iii) any other information the State
determines appropriate (such as information on
teacher quality, school safety, and drop-out
rates).
(D) Parent and public dissemination.--The State shall
publicize and disseminate to local educational
agencies, teachers and other staff, parents, students,
and the community, the report. Such report shall be
concise and presented in a format and manner that
parents can understand. The State may issue local
educational agency performance reports directly to the
local educational agencies, teachers and other staff,
parents, students, and the community or the State may
publicize and disseminate the report through a widely
read or distributed medium, such as posting on the
Internet or distribution to the media.
* * * * * * *
[(4) Local educational agency revisions.--(A) Each
local educational agency identified under paragraph (3)
shall, in consultation with schools, parents, and
educational experts, revise its local educational
agency plan under section 1112 in ways that have the
greatest likelihood of improving the performance of
schools served by the local educational agency under
this part in meeting the State's student performance
standards.
[(B) Such revision shall include determining why the
local educational agency's plan failed to bring about
increased achievement.]
(4) Local educational agency revisions.--(A) Each
local educational agency identified under paragraph (3)
shall, not later than 3 months after being so
identified, revise a local educational agency plan as
described under section 1112. The plan shall--
(i) include specific State-determined yearly
progress requirements in subjects and grades to
ensure that all students will meet proficient
levels of performance within 10 years;
(ii) address the fundamental teaching and
learning needs in the schools of that agency,
and the specific academic problems of low-
performing students including a determination
of why the local educational agency's prior
plan failed to bring about increased student
achievement and performance;
(iii) incorporate research-based strategies
that strengthen the core academic program in
the local educational agency;
(iv) address the professional development
needs of the instructional staff by committing
to spend not less than 10 percent of the funds
received by the school under this part during 1
fiscal year for professional development, which
professional development shall increase the
content knowledge of teachers and build the
capacity of the teachers to align classroom
instruction with challenging content standards
and to bring all students to proficient or
advanced levels of performance as determined by
the State;
(v) identify specific goals and objectives
the local educational agency will undertake for
making adequate yearly progress, which goals
and objectives shall be consistent with State
standards;
(vi) identify how the local educational
agency will provide written notification to
parents in a format, and to the extent
practicable, in a language that the parents can
understand;
(vii) specify the responsibility of the State
educational agency and the local educational
agency under the plan; and
(viii) include strategies to promote
effective parental involvement in the school.
(5) State educational agency responsibility.--(A) * *
*
* * * * * * *
[(B) Technical or other assistance may be provided by
the State educational agency directly, or by an
institution of higher education, a private nonprofit
organization, an educational service agency or other
local consortium, a technical assistance center, or
other entities with experience in assisting local
educational agencies improve achievement, and may
include--
[(i) interagency collaborative agreements
between the local educational agency and other
public agencies to provide health, pupil
services, and other social services needed to
remove barriers to learning; and
[(ii) waivers or modification of requirements
of State law or regulation (in States in which
such waivers are permitted) that impede the
ability of a local educational agency to
educate students.]
(B) Technical assistance provided under this section
by the State educational agency or an entity authorized
by such agency shall be supported by effective methods
and research-based instructional strategies.
(6) Corrective action.--(A) * * *
[(B)(i) Corrective actions are those actions,
consistent with State law, determined and made public
and disseminated by the State educational agency, which
may include--
[(I) the withholding of funds;
[(II) reconstitution of school district
personnel;
[(II) removal of particular schools from the
jurisdiction of the local educational agency
and establishment of alternative arrangements
for public governance and supervision of such
schools;
[(IV) appointment by the State educational
agency of a receiver or trustee to administer
the affairs of the local educational agency in
place of the superintendent and school board;
[(V) the abolition or restricting of the
local educational agency;
[(VI) the authorizing of students to transfer
from a school operated by one local educational
agency to a school operated by another local
educational agency; and
[(VII) a joint plan between the State and the
local educational agency that addresses
specific elements of student performance
problems and that specifies State and local
responsibilities under the plan.
[(ii) Notwithstanding clause (i), corrective actions
taken pursuant to this part shall not include the
actions described in subclauses (I), (II), and (III) of
clause (i) until the State has developed assessments
that meet the requirements of paragraph (3)(C) of
section 1111(b).]
(B)(i) Consistent with State and local law, in order
to help students served under this part meet
challenging State and local standards, each State
educational agency shall implement a corrective action
system in accordance with the following:
(I) After providing technical assistance as
described under paragraph (5), the State
educational agency--
(aa) may take corrective action at
any time with respect to the local
educational agency that has been
identified under paragraph (3);
(bb) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State; and
(cc) shall continue to provide
technical assistance while implementing
any corrective action.
(II) Consistent with State and local law, in
the case of a local educational agency
described under subclause (I), the State
educational agency shall not take less than 1
of the following corrective actions:
(aa) instituting and fully
implementing a new curriculum that is
based on State and local standards,
including appropriate research-based
professional development for all
relevant staff that offers substantial
promise of improving educational
achievement for low-performing
students.
(bb) Restructuring the local
educational agency.
(cc) Developing and implementing a
joint plan between the State
educational agency and the local
educational agency that addresses
specific elements of student
performance problems and that specifies
the responsibilities of the State
educational agency and the local
educational agency under the plan.
(dd) Reconstituting school district
personnel.
(ee) Making alternative governance
arrangements.
(III) Consistent with State and local law, in
the case of a local educational agency
described under subclause (I), the State
educational agency may take 1 of the following
corrective actions:
(aa) Deferring, reducing, or
withholding funds.
(bb) Restructuring or abolishing the
local educational agency.
(cc) Removal of particular schools
from the jurisdiction of the local
educational agency and establishment of
alternative arrangements for public
governance and supervision of such
schools.
(dd) Appointment by the State
educational agency of a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
(ii) Notwithstanding clause (i) corrective actions
taken pursuant to this section shall not include the
actions described in subclauses (I), (II), and (III) of
clause (i) until the State has developed assessments
that meet the requirements of paragraph (3)(C) of
section 1111(b).
[(C) Prior to implementing any corrective action, the
State educational agency shall provide due process and
a hearing (if State law provides for such due process
and a hearing) to any local educational agency
identified under paragraph (3) and may refrain from
such corrective action for one year after the four-year
period described in subparagraph (A) to the extent that
the failure to make progress can be attributed to such
extenuating circumstances as determined by the State
educational agency.]
(C) Hearing.--Prior to implementing any corrective
action, the State educational agency shall provide
notice and a hearing to the affected local educational
agency, if State law provides for such notice and
hearing. The hearing shall take place not later than 45
days following the decision to implement corrective
action.
(D) Notification to parents.--The State educational
agency shall publish, and disseminate to parents and
the public, any corrective action the State educational
agency takes under this paragraph through a widely read
or distributed medium.
(E) Delay.--A State educational agency may delay, for
a period not to exceed 1 year, implementation of
corrective action if--
(i) the State educational agency determines
that the local educational agency is meeting
the State-determined yearly progress
requirements in subjects and grades included in
the State assessments; and
(ii) the schools within the local educational
agency will meet the State's criteria for
improvement within 1 year.
(F) Waivers.--The State educational agency shall
review any waivers approved prior to the date of
enactment of the Educational Opportunities Act for a
local educational agency designated for improvement or
corrective action and shall terminate any waiver
approved by the State under the Educational Flexibility
Partnership Act of 1999 if the State determines, after
notice and an opportunity for a hearing, that the
waiver is not helping the local educational agency make
yearly progress to meet the objectives and specific
goals described in the local educational agency's
improvement plan.
* * * * * * *
SEC. 1117. [20 U.S.C. 6318] STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
(a) System for Support.--
(1) State support.--* * *
* * * * * * *
(3) Priorities.--In carrying out this section, a
State educational agency shall--
(A) first, provide support and assistance to
local educational agencies subject to
corrective action described in section 1116 and
assist schools, in accordance with accordance
with section 1116, for which a local
educational agency has failed to carry out its
responsibilities under section 1116;
(B) second, provide support and assistance to
other local educational agencies and schools
identified as in need of improvement under
section 1116; and
(C) third, provide support and assistance to
other local educational agencies and schools
participating under this part that need support
and assistance in order to achieve the purpose
of this part.
(b) Regional Centers.--Such a statewide system shall work
with and receive support and assistance from [the comprehensive
regional technical assistance centers under part A of title
XIII and] comprehensive regional technical assistance centers,
and the educational regional laboratories under section 941(h)
of the Educational Research, Development, Dissemination, and
Improvement Act of 1994.
(c) Provisions.--* * *
[(1) Schools support teams.--
[(A) Each State educational agency, in
consultation with local educational agencies
and schools, shall establish a system of school
support teams to provide information and
assistance to schoolwide programs and to assist
such programs in providing an opportunity to
all students to meet the State's student
performance standards.
[(B) If funds are sufficient, school support
teams shall provide information and assistance
to--
[(i) schools--
[(I) in which the number of
students in poverty is equal to
or greater than 75 percent of
the total number of students
enrolled in such school; and
[(II) identified as in need
of improvement under section
1116(c)(1); and
[(ii) other schools in need of
improvement.
(1) Approaches.--In order to achieve the purpose
described in subsection (a), each such system shall
provide technical assistance and support through such
approaches as--
(A) school support teams which are composed
of individuals who are knowledgeable about
research and practice on teaching and learning,
particularly about strategies for improving
educational results for low-achieving children
and persons knowledgeable about effective
parental involvement programs, including
parents;
(B) the designation and use of distinguished
teachers and principals, chosen from schools
served under this part that have been
especially successful in improving academic
achievement;
(C) providing assistance to the local
educational agency or school in the
implementation of research-based comprehensive
school reform models; and
(D) a review process designed to increase the
capacity of local educational agencies and
schools to develop high-quality school
improvement plans.
* * * * * * *
(2) Distinguished Schools.--
(A) Each State shall designate as a
distinguished school any school served under
this [part which, for three consecutive years,
has exceeded the State's definition of adequate
progress as defined in section
1111(b)(2)(A)(i), and, any school in which--
[(i) virtually all students have met
the State's advanced level of student
performance; and
[(ii) equity in participation and
achievement of students by sex has been
achieved or significantly improved.]
part.
* * * * * * *
(C) States shall use funds reserved under
section 1003(a) and funds made available under
section 1002(f) to allow schools identified
under this paragraph to carry out the
activities described in subparagraph (B) [and
may] (and may use such funds to provide awards
to such schools to further such school's
education programs under this part, provide
additional incentives for continued success,
and reward individuals or groups in the school
for [exemplary performance] exemplary
performance).
* * * * * * *
(3) Distinguished [educators] teachers and
principals.--
[(A) In order to provide assistance to
schools and local educational agencies
identified as needing improvement and schools
participating in schoolwide programs, each
State, in consultation with local educational
agencies and using funds reserved under section
1003(a) and made available under section
1002(f), shall establish a corps of
distinguished educators.]
(A) The State may also recognize and provide
financial awards to teachers or principals in a
school described in paragraph (2) whose
students consistently make significant gains in
academic achievement.
(B) When possible, distinguished [educators]
teachers and principals shall be chosen from
schools served under this part that have been
especially successful in enabling children to
meet or make outstanding progress toward
meeting the State's student performance
standards, such as the schools described in
paragraph (2).
[(C) Distinguished educators shall provide,
as part of the statewide system, intensive and
sustained assistance to the schools and local
educational agencies farthest from meeting the
State's student performance standards and to
schoolwide programs as such programs develop
and implement their plans, including
participation in the support teams described in
paragraph (1).]
SEC. 1118. [20 U.S.C. 6319] PARENTAL INVOLVEMENT.
(a) Local Educational Agency Policy.--
(1) In general.--* * *
* * * * * * *
(A) * * *
(B) provide the coordination, technical
assistance, and other support necessary to
assist participating schools in planning and
implementing effective parent involvement
activities to improve student achievement and
student and school performance;
* * * * * * *
(b) School Parental Involvement Policy.--
(1) In general.--Each school served under this part
shall jointly develop with, and distribute (in a
language parents can understand) to, parents of
participating children a written parental involvement
policy, agreed upon by such parents, that shall
describe the means for carrying out the requirements of
subsections (c) through (f). Such policy shall be made
available to the local community and shall be updated
periodically to meet the changing needs of parents and
the school.
* * * * * * *
(e) Building Capacity for Involvement.--* * *
(1) shall provide assistance to [participating
parents in such areas as understanding the National]
parents of children served by the school or local
educational agency, as appropriate, in understanding
America's Education Goals, the State's content
standards and State student performance standards, the
provisions of section 1111(b)(8), State and local
assessments, the requirements of this part, and how to
monitor a child's progress and work with educators to
improve the performance of their children as well as
information on how parents can participate in decisions
relating to the education of their children;
* * * * * * *
(14) may adopt and implement model approaches to
improving parental involvement, such as Even Start;
[and]
[(15) shall provide such other reasonable support for
parental involvement activities under this section as
parents may request.]
(15) may establish a school district wide parent
advisory council to advise the school and local
educational agency on all matters related to parental
involvement in programs supported under this section;
and
(16) shall provide such other reasonable support for
parental involvement activities under this section as
parents may request, which may include emerging
technologies.
(f) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools, to the extent practicable, shall provide
full opportunities for the participation of parents with
limited English proficiency [or with], parents of migratory
children, or parents with disabilities, including providing
information and school profiles in a language and form such
parents understand.
[(g) Parental Information and Resource Centers.--In States
where parental information and resource centers have been
established pursuant to section 401 of the Goals 2000: Educate
America Act of 1994 (to provide training, information, and
support to parents and individuals who work with parents),
local educational agencies and schools receiving assistance
under this part shall assist parents and parent organizations
by informing such parents and organizations of the existence
and purpose of such centers, providing such parents and
organizations with a description of the services and programs
provided by such centers, advising parents on how to use such
centers, and helping parents to contact such centers.]
(g) Information From Parental Information and Resource
Centers.--In a State where a parental information and resource
center is established to provide training, information, and
support to parents and individuals who work with local parents,
local educational agencies, and schools receiving assistance
under this part, each school or local educational agency that
receives assistance under this part and is located in the
State, shall assist parents and parental organizations by
informing such parents and organizations of the existence and
purpose of such centers, providing such parents and
organizations with a description of the services and programs
provided by such centers, advising parents on how to use such
centers, and helping parents to contact such centers.
SEC. 1119. [20 U.S.C. 6301] PROFESSIONAL DEVELOPMENT.
(a) Program Requirements.--
* * * * * * *
(b) Professional Development Activities.--
(1) Required activities.--* * *
[(A) support instructional practices that are
geared to challenging State content standards
and create a school environment conducive to
high achievement in the academic subjects;]
(A) support professional development
activities that give teachers, principals,
administrators, paraprofessionals, pupil
services personnel, and parents the knowledge
and skills to provide students with the
opportunity to meet challenging State or local
content standards and student performance
standards;
(B) advance teacher understanding of
effective instructional strategies, based on
research for improving student achievement, at
a minimum in reading or language arts and
mathematics;
(C) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher's performance in the
class-room, except that this subparagraph shall
not apply to an activity if such activity is 1
component of a long-term comprehensive
professional development plan established by
the teacher and the teacher's supervisor based
upon an assessment of the needs of the teacher,
the needs of students, and the needs of the
local educational agency;
[(B)] (D) support local educational agency
plans under section 1112 school plans under
section 1114;
[(C)] (E) draw on resources available under
this part, [title III of the Goals 2000:
Educate America Act] title II of this Act, and
from other sources;
[(D)] (F) where appropriate, as determined by
the local educational agency, include
strategies for developing curricula and
teaching methods that integrate academic and
vocational instruction (including applied
learning and team teaching strategies); [and]
[(E)] (G) include strategies for identifying
and eliminating gender and racial bias in
instructional materials, methods, and
practices[.]; and
(H) to the extent appropriate, provide
training for teachers in the use of technology
and the applications of technology that are
effectively used--
(i) in the classroom to improve
teaching and learning in the
curriculum; and
(ii) in academic content areas in
which the teachers provide
instructions;
(I) be regularly evaluated for their impact
on increased teacher effectiveness and improved
student performance and achievement, with the
findings of such evaluations used to improve
the quality of professional development; and
(J) include strategies for identifying and
eliminating gender and racial bias in
instructional materials, methods, and
practices.
* * * * * * *
(g) Combinations of Funds.--Funds provided under this part
that are used for professional development purposes may be
combined with funds provided under title II of this Act, [title
II of the Goals 2000: Educate America Act] other Acts and other
sources.
* * * * * * *
SEC. 1120. [20 U.S.C. 6321] PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in a local educational agency who are enrolled
in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs, and shall ensure
that teachers and families of such children
participate, on an equitable basis, in services and
activities under sections 1118 and 1119.
* * * * * * *
(3) Equity.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public
school children participating under this part and shall
be provided in a timely manner.
(4) Expenditures.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas
based on the number of children from low-income
families who attend private schools as determined by
the local educational agency each year or every 2
years.
* * * * * * *
(1) In general.-- * * *
(A) * * *
* * * * * * *
(C) how [and where] where, and by whom the
services will be provided;
[(D) how the services will be assessed; and]
(D) how the services will be assessed and how
the results of that assessment will be used to
improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and what is the proportion of
funds allocated under subsection (a)(4) for
such services[.]; and
(F) how and when the local educational agency
will make decisions about the delivery of
services to eligible private school children,
including a thorough consideration and analysis
of the views of private school officials
regarding the provision of contract services
through potential third party providers, and if
the local educational agency disagrees with the
views of the private school officials on such
provision of services, the local educational
agency shall provide in writing to such private
school officials an analysis of the reasons why
the local educational agency has chosen not to
so provide such services.
* * * * * * *
(4) Consultation.--Each local educational agency
shall provide to the State educational agency, and
maintain in the local educational agency's records, a
written affirmation signed by officials of each
participating private school that the consultation
required by this section has occurred. If a private
school declines in writing to have eligible children in
the private school participate in services provided
under this section, the local education agency is not
required to further consult with the private school
officials or to document the local educational agency's
consultation with the private school officials until
the private school officials request in writing such
consultation. The local educational agency shall inform
the private school each year of the opportunity for
eligible children to participate in services provided
under this section.
(5) Compliance.--A private school official shall have
the right to appeal to the State educational agency the
decision of a local educational agency as to whether
consultation provided for in this section was
meaningful and timely, and whether due consideration
was given to the views of the private school official.
If the private school official wishes to appeal the
decision, the basis of the claim of noncompliance with
this section by the local educational agencies shall be
provided to the State educational agency, and the local
educational agency shall forward the appropriate
documentation to the State educational agency.
(c) Allocation for Equitable Service to Private School
Students.--
(1) Calculation.--A local educational agency shall
have the final authority, consistent with this section,
to calculate the number of private school children,
ages 5 through 17, who are low-income by--
(A) using the same measure of low-income used
to count public school children;
(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and
allowing such survey results to be extrapolated
if complete actual data are unavailable; or
(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area.
(2) Complaint process.--Any dispute regarding low-
income data for private school student shall be subject
to the complaint process authorized in section 10105.
[(c)] (d) Public Control of Funds.--
* * * * * * *
[(d)] (e) Standards for a Bypass.--[If a] (1) In general.--
If a local educational agency is prohibited by law from
providing for the participation on an equitable basis of
eligible children enrolled in private elementary and secondary
schools or if the Secretary determines that a local educational
agency has substantially failed or is unwilling to provide for
such participation, as required by this section, the Secretary
shall--
[(1)] (A) waive the requirements of this section for
such local educational agency; and
[(2)] (B) arrange for the provision of services to
such children through arrangements that shall be
subject to the requirements of this section and
sections [14505 and 14506] 10105 and 10106.
(2) Determination.--In making the determination under
paragraph (1), the Secretary shall consider 1 or more
factors, including the quality, size, scope, or
location of the program, or the opportunity of eligible
children to participate in the program.
[(e)] (f) Capital Expenses.--
[(1) In general.--(A) From the amount appropriated
for this subsection under section 1002(e) for any
fiscal year, each State is eligible to receive an
amount that bears the same ratio to the amount so
appropriated as the number of private school children
who received services under this part in the State in
the most recent year for which data satisfactory to the
Secretary are available bears to the number of such
children in all States in that same year.
[(B) The Secretary shall reallocate any amounts
allocated under subparagraph (A) that are not used by a
State for the purpose of this subsection to other
States on the basis of their respective needs, as
determined by the Secretary.
[(2) Capital expenses.--(A) A local educational
agency may apply to the State educational agency for
payments for capital expenses consistent with this
subsection.
[(B) State educational agencies shall distribute such
funds under this subsection to local educational
agencies based on the degree of need set forth in their
respective applications for assistance under this
subsection.
[(3) Uses of funds.--Any funds appropriated to carry
out this subsection shall be used only for capital
expenses incurred to provide equitable services for
private school children under this section.
[(4) Definition.--For the purpose of this subsection,
the term ``capital expenses'' means--
[(A) expenditures for noninstructional goods
and services, such as the purchase, lease, or
renovation of real and personal property,
including mobile educational units and leasing
of neutral sites or spaces;
[(B) insurance and maintenance costs;
[(C) transportation; and
[(D) other comparable goods and services.]
* * * * * * *
SEC. 1120A. [20 U.S.C. 6322] FISCAL REQUIREMENTS.
(a) Maintenance of Efforts.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section [14501 of this Act] 10101.
* * * * * * *
[SEC. 1120B. [20 U.S.C. 6323] COORDINATION REQUIREMENTS.]
SEC. 1120B. COORDINATION REQUIREMENTS; EARLY CHILDHOOD EDUCATION
SERVICES.
(a) In General.--* * *
* * * * * * *
(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations
promulgated under the [Head Start Act Amendments of 1994] Head
Start Amendments of 1998.
(d) Early Childhood Services.--A local educational agency
may use funds received under this part to provide preschool
services--
(1) directly to eligible preschool children in all or
part of its school district;
(2) through any school participating in the local
educational agency's program under this part; or
(3) through a contract with a local Head Start
agency, an eligible entity operating an Even Start
program, a State-funded preschool program, or a
comparable public early childhood development program.
(e) Early Childhood Education Programs.--Early childhood
education programs operated with funds provided under this part
may be operated and funded jointly with Even Start programs
under part B of this title, Head Start programs, or State-
funded preschool programs. Early childhood education programs
funded under this part shall--
(1) focus on the developmental needs of participating
children, including their social, cognitive, and
language-development needs, and use research-based
approaches that build on competencies that lead to
school success, particularly in language and literacy
development and in reading;
(2) teach children to understand and use language in
order to communicate for various purposes;
(3) enable children to develop and demonstrate an
appreciation of books; and
(4) in the case of children with limited English
proficiency, enable the children to progress toward
acquisition of the English language.
[Subpart 2--Allocations
[SEC. 1121. [20 U.S.C. 6331] GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
[(a) Reservation of Funds.--From the amount appropriated
for payments to States for any fiscal year under section
1002(a), the Secretary shall reserve a total of 1 percent to
provide assistance to--
[(1) the outlying areas on the basis of their
respective need for such assistance according to such
criteria as the Secretary determines will best carry
out the purpose of this part; and
[(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection (c).
[(b) Assistance to the Outlying Areas.--
[(1) In General.--From amounts made available under
subsection (a) in each fiscal year the Secretary shall
make grants to local educational agencies in the
outlying areas (other than the outlying areas assisted
under paragraph (3)).
[(2) Competitive Grants.--(A) The Secretary shall
reserve $5,000,000 from the amounts made available
under subsection (a) in each fiscal year to award
grants on a competitive basis, to local educational
agencies in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of
Palau. The Secretary shall award such grants according
to the recommendations of the Pacific Region
Educational Laboratory which shall conduct a
competition for such grants.
[(B) Except as provided in subparagraph (D), grants
funds awarded under this part only may be used for
programs described in this Act, including teacher
training, curriculum development, instructional
materials, or general school improvement and reform.
[(C) Grant funds awarded under this paragraph only
may be used to provide direct educational services.
[(D) The Secretary may provide 5 percent of the
amount made available for grants under this paragraph
to pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities assisted
under this paragraph.
[(c) Allotment to the Secretary of the Interior.--
[(1) In General.--The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
[(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the
Department of the Interior; and
[(B) out-of-State Indian children in
elementary and secondary schools in local
educational agencies under special contracts
with the Department of the Interior.
[(2) Payments.--From the amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such terms
as the Secretary determines will best carry out the
purposes of this part, with respect toout-of-State
Indian children described in paragraph (1). The amount of such payment
may not exceed, for each such child, the greater of--
[(A) 40 percent of the average per pupil
expenditure in the State in which the agency is
located; or
[(B) 48 percent of such expenditure in the
United States.
[SEC. 1122. [20 U.S.C. 6332] ALLOCATIONS TO STATES.
[(a) In General.--
[(1) Fiscal year 1995.--For fiscal year 1995,
appropriations for this part shall be allocated
according to the provisions of sections 1005, except
subsection (a)(3), and 100, part A of chapter 1 of
title I, Elementary and Secondary Education Act of
1965, as in effect on September 30, 1994, except that
the State minimum for section 1005 shall be the lesser
of 0.25 percent of total appropriations or the average
of 0.25 percent of total appropriations and 150 percent
of the national average grant per child counted for
grants under section 1005 multiplied by the State's
number of children counted for such grants, and for
grants under section 1006, the State minimum shall be
the lesser of--
[(A) 0.25 percent of total appropriations;
and
[(B) the average of--
[(i) 0.25 percent of total
appropriations; and
[(ii) the greater of 150 percent of
the national average grant per child
counted for grants under such section
1006 multiplied by the State total
number of such children, or $340,000.
[(2) Succeeding fiscal years.--For fiscal years 1996
through 1999, an amount of the appropriations for this
part equal to the appropriation for fiscal year 1995
for section 1005, shall be allocated in accordance with
section 1124, and an amount equal to the appropriation
for fiscal year 1995 for section 1006 shall be
allocated in accordance with section 1124A. Any
additional appropriations under section 1002(a) for any
fiscal year, after application of the preceding
sentence, shall be allocated in accordance with section
1125.
[(b) Adjustments where necessitated by appropriations.--
[(1) In general.--If the sums available under this
part for any fiscal year are insufficient to pay the
full amounts that all local educational agencies in
States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and
(d) of this section.
[(2) Additional funds.--If additional funds become
available for making payments under sections 1124,
1124A, and 1125 for such fiscal year, allocations that
were reduced under paragraph (1) shall be increased on
the same basis as they were reduced.
[(c) Hold-harmless amounts.--
[(1) In general.--For fiscal year 1995,
notwithstanding subsection (b) and without regard to
amounts available for delinquent children under subpart
2 of part D, the amount made available to each local
educational agency under such section 1005 shall be at
least 85 percent of the amount such local educational
agency received for the preceding year under such
section 1005.
[(2) Fiscal year 1996.--Notwithstanding subsection
(b) and without regard to amounts available for
delinquent children under subpart 2 of part D, for
fiscal year 1996 the total amount made available to
each local educational agency under each sections 1124
and 1124A for any fiscal year shall be at least 100
percent of the total amount such local educational
agency was allocated under such sections (or their
predecessor authorities) for the preceding fiscal year.
[(3) Fiscal years 1997-1999.--For fiscal years 1997
through 1999, notwithstanding subsection (b) and
without regard to amounts available for delinquent
children under subpart 2 of part D, the amount made
available to each local educational agency under each
of sections 1124 and 1125 shall be at least 95 percent
of the previous year's amount if the number of children
counted for grants under section 1124 is at least 30
percent of the total number of children aged 5 to 17
years, inclusive, in the local educational agency, 90
percent of the previous year amount if this percentage
is between 15 percent and 30 percent, and 85 percent if
this percentage is below 15 percent. For fiscal years
1997 and 1998, in calculating grants on the basis of
population data for counties, the Secretary shall apply
the hold-harmless percentages in the preceding sentence
to counties. For fiscal years 1996 through 1998, if the
Secretary's allocation for a county is not sufficient
to meet the hold-harmless requirements of this
paragraph for every local educational agency within
that county, then the State educational agency shall
reallocate funds proportionately from all other local
educational agencies in the State that are receiving
funds in excess of the hold-harmless amounts specified
in this paragraph.
[(d) Ratable Reductions.--
[(1) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
[(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for
such fiscal year, amounts that were reduced under
paragraph (1) shall be increased on the same basis as
such amounts reduced.
[(e) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
[SEC. 1124. [20 U.S.C. 6333] BASIC GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
[(a) Amount of Grants.--
[(1) Grants for local educational agencies and puerto
rico.--The grant which a local educational agency in a
Stateis eligible to receive under this subpart for a
fiscal year shall (except as provided in section 1126), be determined
by multiplying the number of children counted under subsection (c) by
40 percent of the amount determined under the next sentence. The amount
determined under this sentence shall be the average per pupil
expenditure in the State except that--
[(A) if the average per pupil expenditure in
the State is less than 80 percent of the
average per pupil expenditure in the United
States, such amount shall be 80 percent of the
average per pupil expenditure in the United
States; or
[(B) if the average per pupil expenditure in
the State is more than 120 percent of the
average per pupil expenditure in the United
States, such amount shall be 120 percent of the
average per pupil expenditure in the United
States.
[(2) Basis for calculating grants.--For fiscal years
1995 through 1998, grants shall be calculated by the
Secretary on the basis of the number of children
counted under subsection (c) for countries, and State
educational agencies shall suballocate county amounts
to local educational agencies in accordance with
regulations published by the Secretary. In any State in
which a large number of local educational agencies
overlap county boundaries, the State educational agency
may apply to the Secretary for authority during any
particular fiscal year to make the allocations under
this part (other than section 1124A) directly to local
educational agencies without regard to the counties. If
the Secretary approves an application of a State
educational agency for a particular year under this
subparagraph, the State educational agency shall
provide assurances that--
[(A) such allocations will be made using
precisely the same factors for determining a
grant as are used under this part;
[(B) such allocations will be made using
alternative data approved by the Secretary that
the State determines best reflects the
distribution of children in poor families and
is adjusted to be equivalent in proportion to
the number of children determined in accordance
with subsection (c); or
[(C) such allocations will be made using data
that the State educational agency submits to
the Secretary for approval that more accurately
target poverty.
[In addition, the State educational agency shall
provide assurance that a procedure will be established
through which local educational agencies dissatisfied
with the determinations made by the State educational
agency may appeal directly to the Secretary for a final
determination. Beginning in fiscal year 1999, grants
shall be calculated by the Secretary on the basis of
population data compiled for local educational
agencies, unless the Secretary and the Secretary of
Commerce determine that use of the updated population
data would be inappropriate or unreliable taking into
consideration the recommendations of the study to be
conducted by the National Academy ofSciences. If the
Secretary and the Secretary of Commerce determine that some or all of
the data referred to in this paragraph are inappropriate or unreliable,
the Secretaries shall jointly issue a report setting forth their
reasons in detail. In years when grants are calculated by the Secretary
on the basis of local educational agency data, for each local
educational agency serving an area with a total population of at least
20,000 persons, the grant under this section shall be the amount
determined by the Secretary. For local educational agencies serving
areas with total populations of fewer than 20,000 persons, the State
educational agency many either--
[(i) distribute to such local educational
agencies grants under this section equal to the
amounts determined by the Secretary; and
[(ii) use an alternative method, approved by
the Secretary, to distribute the share of the
State's total grants under this section that is
based on local educational agencies with total
populations of fewer than 20,000 persons. Such
an alternative method of distributing grants
under this section among a State's local
educational agencies serving areas with total
populations of fewer than 20,000 persons shall
be based upon population data that the State
educational agency determines best reflect the
current distribution of children in poor
families among the State's local educational
agencies serving areas with total populations
of fewer than 20,000 persons. If a local
educational agency serving an area with total
population of less than 20,000 persons is
dissatisfied with the determination of its
grant by the State education agency, then such
local educational agency may appeal this
determination to the Secretary. The Secretary
must respond to this appeal within 45 days of
receipt.
(3) Puerto rico.--For each fiscal year, the Secretary
shall determine the percentage which the average per
pupil expenditure in the Commonwealth of Puerto Rico is
of the lowest average per pupil expenditure of any of
the 50 States. The grant which the Commonwealth of
Puerto Rico shall be eligible to receive under this
section for a fiscal year shall be the amount arrived
at the multiplying the number of children counted under
subsection (c) for the Commonwealth of Puerto Rico by
the product of--
[(A) the percentage determined under the
preceding sentence; and
[(B) 32 percent of the average per pupil
expenditure in the United States.
[(4) Definition.--For purposes of this subsection,
the term ``State'' does not include Guam, American
Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau.
[(b) Minimum Number of Children To Qualify.--Subject to the
succeeding sentence, a local educational agency shall be
eligible for a basic grant for a fiscal year under this subpart
only if the number of children counted under subsection (c) in
the school district of such local educational agency is at
least 10. Beginning in fiscal year 1996, no local educational
agency shall be eligible for a grant under this section if the
number of children counted for grants under this section is
equal to 2 percent or less of the total school age population
in the local educational agency. For fiscal years 1996 through
1998, grants not made as a result of applying the preceding
sentence shall be reallocated by the State educational agency
to other eligible local educational agencies in the State in
proportion to the distribution of other funds under this
section.
[(c) Children To Be Counted.--
[(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
[(A) the number of children aged 5 to 17,
inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraph
(2);
[(B) the number of children aged 5 to 17,
inclusive, in the school district of such
agency from families above the poverty level as
determined under paragraph (5); and
[(C) the number of children aged 5 to 17,
inclusive, in the school district of such
agency in institutions for neglected and
delinquent children (other than such
institutions operated by the United States),
but not counted pursuant to subpart 1 of part D
for the purposes of a grant to a State agency,
or being supported in foster homes with public
funds.
[(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 27, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. For
fiscal year 1999 and beyond, the District of Columbia
and the Commonwealth of Puerto Rico shall be treated as
individual local educational agencies. If a local
educational agency contains two or more counties in
their entirety, then each county will be treated as if
such county were a separate local educational agency
for purposes of calculating grants under this part. The
total of grants for such counties shall be allocated to
such a local educational agency, which local
educational agency shall distribute to schools in each
county within such agency a share of the local
educational agency's total grant that is no less than
the county's share of the population counts used to
calculate the local educational agency's grant.
[(3) Population updates.--In fiscal year 1997 and
every 2 years thereafter, the Secretary shall use
updated data on the number of children, aged 5 to 17,
inclusive, from families below the poverty level for
counties or local educational agencies, published by
the Department of Commerce, unless the Secretary and
the Secretary of Commerce determine that use of the
updated population data would be inappropriate or
unreliable, taking into consideration the
recommendations of the study to be conducted by the
National Academy of Sciences. If the Secretary and the
Secretary of Commerce determine that some or all of the
data referred to in this paragraph areinappropriate or
unreliable, they shall jointly issue a report setting forth their
reasons in detail. In determining the families which are below the
poverty level, the Secretary shall utilize the criteria of poverty used
by the Bureau of the Census in compiling the most recent decennial
census, in such form as those criteria have been updated by increases
in the Consumer Price Index for all urban consumers, published by the
Bureau of Labor Statistics.
[(4) Study.--(A) The Secretary of Education shall,
within 30 days after the date of enactment of the
Improving America's School's Act of 1994, contract with
the National Academy of Sciences (hereafter in this
section referred to as the ``Academy'') to study the
program to produce intercensal poverty data for small
geographic areas and certain age cohorts being
developed by the Bureau of the Census.
[(B) In conducting its study, the Academy shall
consider such matters as--
[(i) the methodology used to produce and
publish intercensal poverty data, and possible
alternative methods to improve the usefulness
of the data for Federal program purposes;
[(ii) the availability of alternative
indicators of poverty for small geographic
areas, against which the poverty data produced
and published by the Bureau of the Census could
be compared;
[(iii) the reliability of the poverty data
produced and published by the Bureau of the
Census, particularly for less populous
geographic areas;
[(iv) the reliability of intercensal poverty
data produced and published by the Bureau of
the Census, as compared over time to similar
data produced by the Bureau of the Census
during the most recent decennial census; and
[(v) the usefulness of poverty data produced
and published by the Bureau of the Census for
Federal programs that allocate funds to State
and sub-State areas based, in whole or in part
on such data.
[(C) The Academy shall submit to the Secretary and
the Secretary of Commerce, as well as to the Committee
on Education and Labor and the Committee on Post Office
and Civil Service of the House of Representatives and
the Committee on Labor and Human Resources and the
Committee on Governmental Affairs of the Senate--
[(i) not later than 18 months after the date
on which a contract is entered into under
subsection (a), and not later than every 18
months thereafter, such interim reports on the
Academy's activities under this Act that the
Academy deems appropriate, including a detailed
statement of the Academy's findings and
conclusions with respect to any poverty data
which the Bureau of the Census publishes and
produces, within 90 days of such publication;
and
[(ii) not later than December 31, 1998, a
final report which shall include a more
detailed statement of the Academy's findings
and conclusions with respect to the use of any
intercensal poverty data produced and published
by the Bureau of the Census as the basis for
allocating Federal funds under this Act.
[(D) Of the funds appropriated under section 1002(f)
of this Act, the Secretary shall use such sums as are
necessary in each of fiscal years 1995, 1996, 1997,
1998, and 1999 to carry out the provisions of this
paragraph.
[(5) Other children to be counted.--For purposes of
this section, the Secretary shall determine the number
of children aged 5 to 17, inclusive, from families
above the poverty level on the basis of the number of
such children from families receiving an annual income,
in excess of the current criteria of poverty, from
payments under a State program funded under part A of
title IV of the Social Security Act; and in making such
determinations the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family
of 4 in such form as those criteria have been updated
by increases in the Consumer Price Index for all urban
consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such
children and the number of children of such ages living
in institutions for neglected or delinquent children,
or being supported in foster homes with public funds,
on the basis of the caseload data for the month of
October of the preceding fiscal year (using, in the
case of children described in the preceding sentence,
the criteria of poverty and the form of such criteria
required by such sentence which were determined for the
calendar year preceding such month of October) or, to
the extent that such data are not available to the
Secretary before January of the calendar year in which
the Secretary's determination is made, then on the
basis of the most recent reliable data available to the
Secretary at the time of such determination. The
Secretary of Health and Human Services shall collect
and transmit the information required by this
subparagraph to the Secretary not later than January 1
of each year.
[(6) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated
estimate of the number of children of such ages who are
from families below the poverty level (as determined
under subparagraph (A) of this paragraph) in each
school district, and the Secretary is authorized to pay
(either in advance or by way of reimbursement) the
Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of
a State for the collection of additional census
information. For purposes of this section, the
Secretary shall consider all children who are in
correctional institutions to be living in institutions
for delinquent children.
[(d) State Minimum.--Notwithstanding subsection (b)(1) or
(d) of section 1122, the aggregate amount allotted for all
local educational agencies within a State may not be less than
the lesser of--
[(1) 0.25 percent of total grants under this section;
or
[(2) the average of--
[(A) one quarter of 1 percent of the total
amount available for such fiscal year under
this section; and
[(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national
average per pupil payment made funds available
under this section for that year.
[SEC. 1124A. [20 U.S.C. 6334] CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
[(a) Eligibility for and Amount of Grants.--
[(1) In general.--(A) Except as otherwise provided in
this paragraph, each local educational agency, in a
State other than Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana
Islands, and Palau, which is eligible for a grant under
this part for any fiscal year shall be eligible for an
additional grant under this section for that fiscal
year if--
[(i) the number of children counted under
section 1124(c) in the county (for fiscal years
1996 through 1998), or local educational agency
(for fiscal years beginning with 1999) for the
fiscal year exceeds 6,500; or
[(ii) the number of children counted under
section 1124(c) exceeds 15 percent of the total
number of children aged 5 to 17, inclusive, in
the county (for fiscal years 1996 through
1998), or local educational agency (for fiscal
years beginning with 1999) in that fiscal year.
[(B) Notwithstanding such subsections (b)(1) and (d)
of section 1122, no State described in subparagraph (A)
shall receive less than the lesser of--
[(i) 0.25 percent of total grants; or
[(ii) the average of--
[(I) one-quarter of 1 percent of the
sums available to carry out this
section for such fiscal year; and
[(II) the greater of--
[(aa) $340,000; or
[(bb) the number of children
in such State counted for
purposes of this section in
that fiscal year multiplied by
150 percent of the national
average per pupil payment made
with funds available under this
section for that year.
[(2) Special rule.--For each county or local
educational agency eligible to receive an additional
grant under this section for any fiscal year the
Secretary shall determine the product of--
[(A) the number of children counted under
section 1124(c) for that fiscal year; and
[(B) the quotient resulting from the division
of the amount determined for those agencies
under section 1124(a)(1) for the fiscal year
for which the determination is being made
divided by the total number of children counted
under section 1124(c) for that agency for
fiscal year.
[(3) Amount.--The amount of the additional grant for
which an eligible local educational agency or county is
eligible under this section for any fiscal year shall
be an amount which bears the same ratio to the amount
available to carry out this section for that fiscal
year as the product determined under paragraph (2) for
such local educational agency for that fiscal year
bears to the sum of such products for all local
educational agencies in the United States for that
fiscal year.
[(4) Suballocation.--For fiscal years 1996 through
1998, county amounts shall be suballocated to local
educational agencies meeting the criteria of paragraph
(1)(A) by State educational agencies, in accordance
with regulations published by the Secretary. For fiscal
years 1995 through 1998, grants shall be calculated by
the Secretary on the basis of the number of children
counted under section 1124(c) for counties, and State
educational agencies shall suballocate county amounts
to local educational agencies, in accordance with
regulations published by the Secretary. In any State in
which a large number of local educational agencies
overlap county boundaries, the State educational agency
may apply to the Secretary for authority during any
particular fiscal year to make the allocations under
this part (other than this section) directly to local
educational agencies without regard to the counties. If
the Secretary approves an application of a State
educational agency for a particular year under this
paragraph, the State educational agency shall provide
assurances that--
[(A) such allocations will be made using
precisely the same factors for determining a
grant as are used under this part;
[(B) such allocations will be made using
alternative data approved by the Secretary that
the State determines best reflects the
distribution of children in poor families and
is adjusted to be equivalent in proportion to
the number of children determined in accordance
with section 1124(c); or
[(C) such allocations will be made using data
that the State educational agency submits to
the Secretary for approval that more accurately
target poverty.
[In addition, the State educational agency shall
provide assurances that a procedure will be established
through which local educational agencies dissatisfied
with the determinations made by the State educational
agency may appeal directly to the Secretary for a final
determination. A State may reserve not more than 2
percent of its allocations in fiscal years 1996 through
1998 under this section for the purpose of making
grants to local educational agencies that meet the
criteria of clause (i) or (ii) of paragraph (1)(A), but
are in ineligible counties. For fiscal years beginning
with 1999, for each local educational agency serving an
area with a total population of at least 20,000
persons, the grant under this section shall be the
amount determined by the Secretary. For local
educational agencies serving areas with total
populations of fewer than 20,000 persons, the State
educational agency may either (i) distribute to such
local educational agencies grants under this section
equal to the amounts determined by the Secretary; or
(ii) use an alternative method, approved by the
Secretary, to distribute the share of the State's total
grants under this section that is based on
localeducational agencies with total populations of fewer than 20,000
persons. Such an alternative method of distributing grants under this
section among a State's local educational agencies serving areas with
total populations of fewer than 20,000 persons shall be based upon
population data that the State educational agency determines best
reflects the current distribution of children in poor families among
the State's local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the eligibility
criteria of paragraph (1)(A). If a local educational agency serving an
area with total population of less than 20,000 persons is dissatisfied
with the determination of its grant by the State educational agency,
then such local educational agency may appeal this determination to the
Secretary. The Secretary shall respond to this appeal within 45 days of
receipt. The Secretary shall consult with the Secretary of Commerce
regarding whether available data on population for local educational
agencies serving areas with total populations of fewer than 20,000
persons are sufficiently reliable to be used to determine final grants
to such areas meeting the eligibility criteria of paragraph (1)(A).
[(b) Reservation of Funds.--Of the total amount of funds
available for this section and sections 1124 and 1125, an
amount equal to the appropriation for fiscal year 1995 for
section 1006 of this Act (as such section was in effect on the
day preceding the date of enactment of this Act) shall be
available to carry out this section.
[(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are eligible to receive under
subsection (a) for such fiscal year, the maximum amounts which
all States are eligible to receive under subsection (a) for
such fiscal year shall be ratably reduced. In the case that
additional funds become available for making such payments for
any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
[(d) States Receiving Minimum Grants.--In States that
receive the minimum grant under subsection (a)(1)(B), the State
educational agency shall allocate such funds among the local
educational agencies in each State either--
[(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
[(2) based on their respective concentrations and
numbers of children counted under section 1124(c),
except that only those local educational agencies with
concentrations or numbers of children counted under
section 1124(c) that exceed the statewide average
percentage of such children or the statewide average
number of such children shall receive any funds on the
basis of this paragraph.
[SEC. 1125. [20 U.S.C. 6335] TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
[(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a targeted
grant under this section for any fiscal year if the number of
children in the local educational agency counted under
subsection 1124(c), before application of the weighting factor
described in subsection (c), is at least 10, and if the number
of children counted for grants under section 1124 is at least 5
percent of the total population aged 5 to 17 years, inclusive,
in the local educational agency. Funds made available as a
result of applying this subsection shall be reallocated by the
State educational agency to other eligible local educational
agencies in the State in proportion to the distribution of
other funds under this section.
[(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--
[(1) In general.--The amount of the grant that a
local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of--
[(A) the weighted child count determined
under subsection (c); and
[(B) the amount in the second sentence of
subparagraph 1124(a)(1)(A).
[(2) Puerto rico.--For each fiscal year, the amount
of the grant for which the Commonwealth of Puerto Rico
is eligible under this section shall be equal to the
number of children counted under subsection (c) for
Puerto Rico, multiplied by the amount determined in
subparagraph 1124(a)(3).
[(c) Weighted Child Count.--
[(1) Fiscal years 1966-1998.--
[(A) In general.--The weighted child count
used to determine a county's allocation under
this section is the larger of the two amounts
determined under clause (i) or (ii), as
follows:
[(i) By percentage of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) for that county
constituting up to 12.20
percent, inclusive, of the
county's total population aged
5 to 17, inclusive, multiplied
by 1.0;
[(II) the number of such
children constituting more than
12.20 percent, but not more
than 17.70 percent, of such
population, multiplied by 1.75;
[(III) the number of such
children constituting more then
17.70 percent, but not more
than 22.80 percent, of such
population, multiplied by 2.5;
[(IV) the number of such
children constituting more than
22.80 percent, but not more
than 29.70 percent, of such
population, multiplied by 3.25;
and
[(V) the number of such
children constituting more than
29.70 percent of such
population, multiplied by 4.0.
[(ii) By number of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) constituting up to
1,917, inclusive,of the
county's total population aged 5 to 17, inclusive, mutlipled by 1.0;
[(II) the number of such
children between 1,918 and
5,938, inclusive, in such
population, multiplied by 1.5;
[(III) the number of such
children between 5,939 and
20,199, inclusive, in such
population, multiplied by 2.0;
[(IV) the number of such
children between 20,200 and
77,999, inclusive, in such
population, multiplied by 2.5;
and
[(V) the number of such
children in excess of 77,999 in
such population, multiplied by
3.0.
[(B) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under subsection 1124(c) multiplied by
1.72.
[(2) Fiscal years after 1999.--
[(A) In general.--For each fiscal year
beginning with fiscal year 1999 for which the
Secretary uses local educational agency data,
the weighted child count used to determine a
local educational agency's grant under section
is the larger of the two amounts determined
under clauses (i) and (ii), as follows:
[(i) By percentage of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) for that local
educational agency constituting
up to 14.265 percent,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
[(II) the number of such
children constituting more than
14.265 percent, but not more
than 21.553 percent, of such
population, multiplied by 1.75;
[(III) the number of such
children constituting more than
21.553 percent, but not more
than 29.223 percent, of such
population, multiplied by 2.5;
[(IV) the number of such
children constituting more than
29.223 percent, but not more
than 36.538 percent, of such
population, multiplied by 3.25;
and
[(V) the number of such
children constituting more than
36.538 percent of such
population, multiplied by 4.0.
[(ii) By number of children.--This
amount is determined by adding--
[(I) the number of children
determined under section
1124(c) constituting up to 575,
inclusive, of the agency's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
[(II) the number of such
children between 576 and 1,870,
inclusive, in such population,
multiplied by 1.5;
[(III) the number of such
children between 1,871 and
6,910, inclusive, in such
population multiplied by 2.0;
[(IV) the number of such
children between 6,911 and
42,000, inclusive, in such
population, multiplied by 2.5;
and
[(V) the number of such
children in excess of 42,000 in
such population, multiplied by
3.0.
[(B) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under section 1124(c) multiplied by
1.72.
[(d) Local Educational Agency Allocations.--For fiscal
years 1995 through 1998, grants shall be calculated by the
Secretary on the basis of the number of children counted under
section 1124 for counties, and State educational agencies shall
suballocate county amounts to local educational agencies, in
accordance with regulations published by the Secretary. In any
State in which a large number of local educational agencies
overlap county boundaries, the State educational agency may
apply tot he Secretary for authority during any particular
fiscal year to make the allocations under this part (other than
section 1124A) directly to local educational agencies without
regard to the counties. If the Secretary approves an
application of a State educational agency for a particular year
under this subparagraph, the State educational agency shall
provide assurances that--
[(1) such allocations will be made using precisely the
same factors for determining a grant as are used under
this part;
[(2) such allocations will be made using alternative
data approved by the Secretary that the State
determines best reflects the distribution of children
in poor families and is adjusted to be equivalent in
proportion to the number of children determined in
accordance with section 1124(c); or
[(3) such allocations will be made using data that the
State educational agency submits to the Secretary for
approval that more accurately target poverty.
[In addition, the State educational agency shall provide
assurances that a procedure will be established through which
local educational agencies dissatisfied with the determinations
made by the State educational agency may appeal directly to the
Secretary for a final determination. For fiscal years beginning
in 1999, for each local educational agency serving an area with
a total population of at least 20,000 persons, the grant under
this section shall be the amount determined by the Secretary.
For local educational agencies serving areas with total
populations of fewer than 20,000 persons, the State educational
agency may either (1) distribute to such local educational
agencies grants under this section equal to the amounts
determined by the Secretary; or (2) use an alternative method,
approved by the Secretary to distribute the share of the
State's total grants under this section that is based on local
educational agencies with total populations of fewer than
20,000persons. Such an alternative method of distributing
grants under this section among a State's local educational agencies
serving areas with total populations of fewer than 20,000 persons shall
be based upon population data that the State educational agency
determines best reflects the current distribution of children in poor
families among the State's local educational agencies serving areas
with total populations of fewer than 20,000 persons. If a local
educational agency serving an area with total populations of less than
20,000 persons is dissatisfied with the determination of its grant by
the State educational agency, then the local educational agency may
appeal this determination to the Secretary. The Secretary shall respond
to this appeal within 45 days of receipt.
[(e) State Minimum.--Notwithstanding any other provision of
this subsection or subsection (b)(1) or (d) of section 1122,
from the total amount available for any fiscal year to carry
out this section, each State shall be allotted at least the
lesser of--
[(1) 0.25 percent of total appropriations; or
[(2) the average of--
[(A) one-quarter of 1 percent of the total
amount available to carry out this section; and
[(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State's
total number of children described in section
1124(c), without application of a weighting
factor.
[SEC. 1125A. [20 U.S.C. 6336] EDUCATION FINANCE INCENTIVE PROGRAM.
[(a) Grants.--The Secretary is authorized to make grants to
States from the sums appropriated pursuant to subsection (e) to
carry out the purposes of this part.
[(b) Distribution Based Upon Fiscal Effort and Equity.--
[(1) In general.--Funds appropriated pursuant to
subsection (e) shall be allotted to each State based
upon the number of children aged 5 to 17, inclusive, of
such State multiplied by the product of--
[(A) such State's effort factor described in
paragraph (2); multiplied by
[(B) 1.30 minus such State's equity factor
described in paragraph (3),
except that for each fiscal year no State shall receive less
than one-quarter of 1 percent of the total amount appropriated
pursuant to subsection (e) for such fiscal year.
[(2) Effort factor.--Except as provided in
subparagraph (B), the effort factor for a State shall
be determined in accordance with the succeeding
sentence, except that such factor shall not be less
than .95 nor greater than 1.05. The effort factor
determined under this sentence shall be a fraction the
numerator of which is the product of the three-year
average per-pupil expenditure in the State multiplied
by the three-year average per capita income in the
United States and the denominator of which is the
product of the three-year average per capita income in
such State multiplied by the three-year average per-
pupil expenditure in the United States.
[(B) The effort factor for the Commonwealth of Puerto
Rico shall be equal to the lowest effort factor
calculated under subparagraph (A) for any State.
[(3) Equity factor.--(A)(i) Except as provided in
subparagraph (B), the Secretary shall determine the
equity factor under this section for each State in
accordance with clause (ii).
[(ii)(I) For each State, the Secretary shall compute
a weighted coefficient of variation for the per-pupil
expenditures of local educational agencies in
accordance with subclauses (II), (III), (IV), and (V).
[(II) In computing coefficients of variation, the
Secretary shall weigh the variation between per-pupil
expenditures in each local educational agency and the
average per-pupil expenditures in the State according
to the number of pupils in the local educational
agency.
[(III) In determining the number of pupils under this
paragraph in each local educational agency and each
State, the Secretary shall multiply the number of
children from low-income families by 1.4 under this
paragraph.
[(IV) In computing coefficients of variation, the
Secretary shall include only those local educational
agencies with an enrollment of more than 2000 students.
[(V) The Secretary shall compute separate
coefficients of variation for elementary, secondary,
and unified local educational agencies and shall
combine such coefficients into a single weighted
average coefficient for the State by multiplying each
coefficient by the total enrollments of the local
educational agencies in each group, adding such
products, and dividing such sum by the total
enrollments of the local educational agencies in the
State.
[(B) The equity factor for a State that meets the
disparity standard described in section 222.63 of title
34, Code of Federal Regulations (as such section was in
effect on the day preceding the date of enactment of
this Act) or a State with only one local educational
agency shall be not greater than .10.
[(C) The Secretary may revise each State's equity
factor as necessary based on the advice of independent
education finance scholars to reflect other need-based
costs of local educational agencies in addition to low-
income student enrollment, such as differing geographic
costs, costs associated with students with
disabilities, children with limited-English proficiency
or other meaningful educational needs, which deserve
additional support. In addition and also with the
advice of independent education finance scholars, the
Secretary may revise each State's equity factor to
incorporate other valid and accepted methods to achieve
adequacy of educational opportunity that may not be
reflected in a coefficient of variation method.
[(c) Use of Funds.--All funds awarded to each State under
this section shall be allocated to local educational agencies
and schools on a basis consistent with the distribution of
other funds to such agencies and schools under sections 1124,
1124A, and 1125 to carry out activities under this part.
[(d) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allotment
of funds under this 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 that
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 funds awarded to any State under this
section in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
[(3) Waivers.--The Secretary may waive, for one
fiscal year only, the requirements of this subsection
if the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(e) Authorization of Appropriations.--For the purpose of
making grants under this section, there are authorized to be
appropriated $200,000,000 for fiscal year 1996 and such sums as
may be necessary for each of the three succeeding fiscal years.
[SEC. 1126. [20 U.S.C 6337] SPECIAL ALLOCATION PROCEDURES.
[(a) Allocations for Neglected Children.--
[(1) In general.--If a State educational agency
determines that a local educational agency in the State
is unable or unwilling to provide for the special
educational needs of children who are living in
institutions for neglected children as described in
subparagraph 1124(c)(1)(C), the State educational
agency shall, if such agency assumes responsibility for
the special educational needs of such children, receive
the portion of such local educational agency's
allocation under sections 1124, 1124A, and 1125 that is
attributable to such children.
[(2) Special rule.--If the State educational agency
does not assume such responsibility, any other State or
local public agency that does assume such
responsibility shall receive that portion of the local
educational agency's allocation.
[(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
educational agencies--
[(1) if two or more local educational agencies serve,
in whole or in part, the same geographical area;
[(2) if a local educational agency provides free
public education for children who reside in the school
district of another local educational agency; or
[(3) To reflect the merger, creation, or change of
boundaries of one or more local educational agencies.
[(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds in
accordance with criteria established by the State educational
agency.
[SEC. 1127. [20 U.S.C. 6338] CARRYOVER AND WAIVER.
[(a) Limitation on Carryover.--Nothwithstanding section 421
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a
local educational agency for any fiscal year under this subpart
(but not including funds received through any reallocation
under this subpart) may remain available for obligation by such
agency for one additional fiscal year.
[(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection (a)
if--
[(1) the agency determines that the request of a
local educational agency is reasonable and necessary;
or
[(2) supplemental appropriations for this subpart
become available.
[(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local educational agency that
receives less than $50,000 under this subpart for any fiscal
year.
Subpart 2--Allocations
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation Funds.--From the amount appropriated for
any fiscal year under section 1002(a), the Secretary shall
reserve a total of 1 percent to provide assistance to--
(1) the outlying areas on the basis of their
respective need for such assistance according to such
criteria as the Secretary determines will best carry
out the purpose of this part; and
(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection (c).
(b) Assistance to the Outlying Areas.--
(1) In general.--From amounts made available under
section (a)(1) in each fiscal year the Secretary shall
make grants to local educational agencies in the
outlying areas.
(2) Competitive grants.--
(A) In general.--For fiscal years 2000 and
2001, the Secretary shall reserve $5,000,000
from the amounts made available under
subsection (a)(1) to award grants, on a
competitive basis, to local educational
agencies in the Freely Associated States. The
Secretary shall award such grants according to
the recommendations of the Pacific Region
Educational Laboratory which shall conduct a
competition for such grants.
(B) Uses.--Except as provided in subparagraph
(C), grant funds awarded under this paragraph
only may be used--
(i) for programs described in this
Act, including teacher training,
curriculum development, instructional
materials, or general school
improvement and reform; and
(ii) to provide direct educational
services.
(C) Administrative costs.--The Secretary may
provide 5 percent of the amount made available
for grants under this paragraph to the Pacific
Region Educational Laboratory to pay the
administrative costs of the Pacific Region
Educational Laboratory regarding activities
assisted under this paragraph.
(c) Allotment to the Secretary of the Interior.--
(1) In general.--The amount reserved for payments to
the Secretary of the Interior under subsection (a)(2)
for any fiscal year shall be, as ]determined pursuant
to criteria established by the Secretary, the amount necessary to meet
the special educational needs of--
(A) Indian children on reservations served by
elementary schools and secondary schools for
Indian children operated or supported by the
Department of the Interior; and
(B) out-of-State Indian children in
elementary schools and secondary schools in
local educational agencies under special
contracts with the Department of the Interior.
(2) Payments.--From the amount reserved for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such terms
as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State
Indian children described in paragraph (1)(B). The
amount of such payment may not exceed, for each such
child, the greater of--
(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
(B) 48 percent of such expenditure in the
United States.
SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND TARGETED
GRANTS.
(a) In General.--For each of the fiscal years 2001 through
2005--
(1) the amount appropriated to carry out this part
that is less than or equal to the amount appropriated
to carry out section 1124 for fiscal year 2000, shall
be allocated in accordance with section 1124;
(2) the amount appropriated to carry out this part
that is not used under paragraph (1) that equals the
amount appropriated to carry out section 1124A for
fiscal year 2000, shall be allocated in accordance with
section 1124A; and
(3) any amount appropriated to carry out this part
for the fiscal year for which the determination is made
that is not used to carry out paragraphs (1) and (2)
shall be allocated in accordance with section 1125.
(b) Adjustments Where Necessitated by Appropriations.--
(1) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all local educational agencies in
States are legible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and
(d).
(2) Additional funds.--If additional funds become
available for making payments under sections 1124,
1124A, and 1125 for such fiscal year, allocations that
were reduced under paragraph (1) shall be increased on
the same basis as the allocations were reduced.
(c) Hold-Harmless Amounts.--
(1) In general.--For each fiscal year the amount made
available to each local educational agency under each
of sections 1124, 1124A, and 1125 shall be not less
than--
(A) 95 percent of the amount made available
to the local educational agency under each such
section for the preceding fiscal year if the
number of children counted for grants under
section 1124 is not less than 30 percent of the
total number of children aged 5 to 17 years,
inclusive, served by the local educational
agency;
(B) 90 percent of the amount made available
to the local educational agency under each such
section for the preceding fiscal year if such
percentage is not less than 15 percent and not
more than 30 percent; and
(C) 85 percent of the amount made available
to the local educational agency under each such
section for the preceding fiscal year if such
percentage is less than 15 percent.
(2) Special rules.--if sufficient funds are
appropriated, the hold-harmless amounts described in
paragraph (1) shall be paid to all local educational
agencies that received grants under sections 1124,
1124A, or 1125 for the preceding fiscal year,
regardless of whether the local educational agency
meets the minimum eligibility criteria provided in
section 1124(b), 1124A(a)(1 (A), or 1125(a),
respectively, except that a local educational agency
that does not meet such minimum eligibility criteria
for 5 consecutive years shall no longer be eligible to
receive a hold-harmless amount under this subsection.
(3) County calculation basis.--Any fiscal year for
which the Secretary calculates grants on the basis of
population data for counties, the Secretary shall apply
the hold-homeless percentages in paragraphs (1) and (2)
to counties, and if the Secretary's allocation for a
county is not sufficient to meet the hold-harmless
requirements of this subsection for every local
educational agency within that county, then the State
educational agency shall reallocate
fundsproportionately from all other local educational agencies in the
State that receive funds for the fiscal year in excess of the hold-
harmless amounts specified in this paragraph.
(d) Ratable Reductions.--
(1) In general.--If the sums made available under
this part of any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for
such fiscal year, amounts that were reduced under
paragraph (1) shall be increased on the same basis as
such amounts reduced.
SEC. 1123. DEFINITIONS.
In this subpart:
(1) Freely associated states.--The term ``Freely
Associated States'' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(2) Outlying areas.--The term ``outlying areas''
means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands.
(3) State.--The term State means each of the several
States of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico.
SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Amount of Grants.--
(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (4) and in
section 1126, the grant that a local educational agency
is eligible to receive under this section for a fiscal
year is the amount determined by multiplying--
(A) the number of children counted under
subsection (c); and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, and not more than
48 percent, of the average per-pupil
expenditure in the United States.
(2) Calculation of grants.--
(A) Allocations to local educational
agencies.--The Secretary shall calculate grants
under this section on the basis of the number
of children counted under subsection (c) for
local educational agencies, unless the
Secretary and the Secretary of Commerce
determine that some or all of those data are
unreliable or that their use would be otherwise
inappropriate, in which case--
(i) the Secretary and the Secretary
of Commerce shall publicly disclose the
reasons for their determination in
detail; and
(ii) paragraph (3) shall apply.
(B) Allocations to large and small local
educational agencies.--
(i) Large local educational
agencies.--In the case of an allocation
under this section to a large local
educational agency, the amount of the
grant under this section for the large
local educational agency shall be the
amount determined under paragraph (1).
(ii) Small local educational
agencies.--
(I) In general.--In the case
of an allocation under this
section to a small local
educational agency the State
educational agency may--
(aa) distribute
grants under this
section in amounts
determined by the
Secretary under
paragraph (1); or
(bb) use an
alternative method
approved by the
Secretary to distribute
the portion of the
State's total grants
under this section that
is based on those small
local educational
agencies.
(II) Alternative method.--An
alternative method under
subclause (I)(bb) shall be
based on population data that
the State educational agency
determines best reflect the
current distribution of
children in poor families among
the State's small local
educational agencies that meet
the minimum number of children
to qualify described in
subsection (b).
(III) Appeal.--If a small
local educational agency is
dissatisfied with the
determination of the amount of
its grant by the State
educational agency under
subclause (I)(bb), the small
localeducational agency may
appeal the determination to the Secretary, who shall respond within 45
days of receiving the appeal.
(iii) Definitions.--In this
subparagraph--
(I) the term ``large local
educational agency'' means a
local educational agency
serving a school district with
a total population of 20,000 or
more; and
(II) the term ``small local
educational agency'' means a
local educational agency
serving a school district with
a total population of less than
20,000.
(3) Allocations to counties.--
(A) In general.--For any fiscal year to which
this paragraph applies, the Secretary shall
calculate grants under this section on the
basis of the number of children counted under
section 1124(c) for counties, and State
educational agencies shall allocate county
amounts to local educational agencies, in
accordance with regulations promulgated by the
Secretary.
(B) Application.--In any State in which a
large number of local educational agencies
overlap county boundaries, or for which the
State believes the State has data that would
better target funds than allocating the funds
by county, the State educational agency may
apply to the Secretary for authority to make
the allocations under this part for a
particular fiscal year directly to local
educational agencies without regard to
counties.
(C) Allocations to local educational
agencies.--If the Secretary approves its
application under subparagraph (B), the State
educational agency shall provide the Secretary
an assurance that the allocations will be
made--
(i) using precisely the same factors
for determining a grant as are used
under this section; or
(ii) using data that the State
educational agency submits to the
Secretary for approval that more
accurately target poverty.
(D) Appeal.--The State educational agency
shall provide the Secretary an assurance that a
procedure is or will be established through
which local educational agencies that are
dissatisfied with determinations under
subparagraph (B) may appeal directly to the
Secretary for a final determination.
(4) Puerto rico.--For each fiscal year, the Secretary
shall determine the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto Rico is
of the lowest average per-pupil expenditure of any of
the 50 States. The grant which the Commonwealth of
Puerto Rico shall be eligible to receive under this
section for a fiscal year shall be the amount arrived
at by multiplying the number of children counted under
subsection (c) for the Commonwealth of Puerto Rico by
the product of--
(A) the percentage determined under the
preceding sentence; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(b) Minimum Number of Children To Qualify.--A local
educational agency is eligible for a basic grant under this
section for any fiscal year only if the number of children
counted under subsection (c) for that agency is--
(1) 10 or more; and
(2) more than 2 percent of the total school-age
population in the school district of the local
educational agency.
(c) Children To Be Counted.--
(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
(A) the number of children aged 5 to 17,
inclusive, in the school district of the local
educational agency from families below the
poverty level as determined under paragraphs
(2) and (3);
(B) the number of children aged 5 to 17,
inclusive, in the school district of such
agency from families above the poverty level as
determined under paragraph (4); and
(C) the number of children determined under
paragraph (4) for the preceding year as
described in that paragraph, or for the second
preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions
for neglected and delinquent children and youth
(other than such institutions operated by the
United States), but not counted pursuant to
chapter 1 of subpart2 of part C of title III
for the purposes of a grant to a State agency, or being supported in
foster homes with public funds.
(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 17, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. The
District of Columbia and the Commonwealth of Puerto
Rico shall be treated as individual local educational
agencies. If a local educational agency contains 2 or
more counties in their entirety, then each county will
be treated as if such county were a separate local
educational agency for purposes of calculating grants
under this part. The total of grants for such counties
shall be allocated to such a local educational agency,
which local educational agency shall distribute to
schools in each county within such agency a share of
the local educational agency's total grant that is no
less than the county's share of the population counts
used to calculate the local educational agency's grant.
(3) Population updates.--In fiscal year 2001 and
every 2 years thereafter, the Secretary shall use
updated data on the number of children, aged 5 to 17,
inclusive, from families below the poverty level for
counties or local educational agencies, published by
the Department of Commerce, unless the Secretary and
the Secretary of Commerce determine that use of the
updated population data would be inappropriate or
unreliable. If the Secretary and the Secretary of
Commerce determine that some or all of the data
referred to in this paragraph are inappropriate or
unreliable, the Secretary and the Secretary of Commerce
shall publicly disclose their reasons. In determining
the families which are below the poverty level, the
Secretary shall utilize the criteria of poverty used by
the Bureau of the Census in compiling the most recent
decennial census, in such form as those criteria have
been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of
Labor Statistics.
(4) Other children to be counted.--For purposes of
this section, the Secretary shall determine the number
of children aged 5 to 17, inclusive, from families
above the poverty level on the basis of the number of
such children from families receiving an annual income,
in excess of the current criteria of poverty, from
payments under a State program funded under part A of
title IV of the Social Security Act. In making such
determinations the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family
of 4 in such form as those criteria have been updated
by increases in the Consumer Price Index for all urban
consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of children
aged 5 through 17 living in institutions for neglected
or delinquent children, or being supported in foster
homes with public funds, on the basis of the caseload
data for the month of October of the preceding fiscal
year (using, in the case of children described in the
preceding sentence, the criteria of poverty and the
form of such criteria required by such sentence which
were determined for the calendar year preceding such
month of October) or, to the extent that such data are
not available to the Secretary before January of the
calendar year in which the Secretary's determination is
made, then on the basis of the most recent reliable
data available to the Secretary at the time of such
determination. The Secretary of Health and Human
Services shall collect and transmit the information
required by this sub-paragraph to the Secretary not
later than January 1 of each year. For the purpose of
this section, the Secretary shall consider all children
who are in correctional institutions to be living in
institutions for delinquent children.
(5) Estimate.--When requested by the Secretary, the
Secretary of Commerce shall make a special updated
estimate of the number of children of such ages who are
from families below the poverty level (as determined
under paragraph (2)) in each school district, and the
Secretary is authorized to pay (either in advance or by
way of reimbursement) the Secretary of Commerce the
cost of making this special estimate. The Secretary of
Commerce shall give consideration to any request of the
chief executive of a State for the collection of
additional census information. For purposes of this
section, the Secretary shall consider all children who
are in correctional institutions to be living in
institutions for delinquent children.
(d) State Minimum.--Notwithstanding section 1122, the
aggregate amount allotted for all local educational agencies
within a State may not be less than the lesser of--
(1) 0.23 percent of the total amount made available
to carry out this section for such fiscal year;
(2) the average of--
(A) 0.25 percent of the total amount made
available to carry out this section for such
fiscal year; and
(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national
average per-pupil payment made with funds
available under this section for that fiscal
year.
SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility for and Amount of Grants.--
(1) Eligibility.--
(A) In general.--Except as otherwise provided
in this paragraph, each local educational
agency in a State that is eligible for a grant
under section 1124 for any fiscal year is
eligible for an additional grant under this
section for that fiscal year if the number of
children counted under section 1124(c) who are
served by the agency exceeds--
(i) 6,500; or
(ii) 15 percent of the total number
of children aged 5 through 17 served by
the agency.
(B) Minimum.--Notwithstanding section 1122,
no State shall receive under this section an
amount that is less than the lesser of--
(i) 0.25 percent of the total amount
made available to carry out this
section for such fiscal year; or
(ii) the average of--
(I) 0.25 percent of the sums
available to carry out this
section for such fiscal year;
and
(II) the greater of--
(aa) $340,000; or
(bb) the number of
children in such State
counted for purposes of
this section in that
fiscal year multiplied
by 150 percent of the
national average per-
pupil payment made with
funds available under
this section for that
fiscal year.
(2) Determination.--For each county or local
educational agency eligible to receive an additional
grant under this section for any fiscal year the
Secretary shall determine the product of--
(A) the number of children counted under
section 124(c) for that fiscal year; and
(B) the amount in section 1124(a)(1)(B) for
all States except the Commonwealth of Puerto
Rico, and the amount in section 1124(a)(3) for
the Commonwealth of Puerto Rico.
(3) Amount.--The amount of the additional grant for
which an eligible local educational agency or county is
eligible under this section for any fiscal year shall
be an amount that bears the same ratio to the amount
available to carry out this section for that fiscal
year as the product determined under paragraph (2) for
such local educational agency for that fiscal year
bears to the sum of such products for all local
educational agencies in the United States for that
fiscal year.
(4) Local allocations.--
(A) In general.--Grant amounts under this
section shall be calculated in the same manner
as grant amounts are calculated under section
1124(a) (2) and (3).
(B) Special rule.--For any fiscal year for
which the Secretary allocates funds under this
section on the basis of counties, a State may
reserve not more than 2 percent of the amount
made available to the State under this section
for any fiscal year to make grants to local
educational agencies that meet the criteria in
paragraph (1)(A)(i) or (ii) but that are in
ineligible counties.
(b) Ratable Reduction Rule.--If the sums available under
subsection (a) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are eligible to receive under
subsection (a) for such fiscal year, the maximum amounts that
all States are eligible to receive under subsection (a) for
such fiscal year shall be ratably reduced. In the case that
additional funds become available for making such payments for
any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
(c) States Receiving 0.25 Percent or Less.--In States that
receive 0.25 percent or less of the total amount made available
to carry out this section for a fiscal year, the State
educational agency shall allocate such funds among the local
educational agencies in the State--
(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
(2) based on their respective concentrations and
numbers of children counted under section
1124(c),except that only those local educational agencies with
concentrations or numbers of children counted under section 1124(c)
that exceed the statewide average percentage of such children or the
statewide average number of such children shall receive any funds on
the basis of this paragraph.
SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility of Local Educational Agencies.--
(1) In general.--A local educational agency in a
State is eligible to receive a targeted grant under
this section for any fiscal year if--
(A) the number of children in the local
educational agency counted under section
1124(c), before application of the weighted
child count described in subsection (c), is at
least 10; and
(B) if the number of children counted for
grants under section 1124(c), before
application of the weighted child count
described in subsection (c), is at least 5
percent of the total number of children aged 5
to 17 years, inclusive, in the school district
of the local educational agency.
(2) Special rule.--For any fiscal year for which the
Secretary allocates funds under this section on the
basis of counties, funds made available as a result of
applying this subsection shall be reallocated by the
State educational agency to other eligible local
educational agencies in the State in proportion to the
distribution of other funds under this section.
(b) Grants for Local Educational Agencies, the District of
Columbia, and the Commonwealth of Puerto Rico.--
(1) In general.--The amount of the grant that a local
educational agency in a State (other than the
Commonwealth of Puerto Rico) is eligible to receive
under this section for any fiscal year shall be the
product of--
(A) the weighted child count determined under
subsection (c); and
(B) the amount of the grant the local
educational agency is eligible to receive under
section 1124(a)(1).
(2) Puerto rico.--For each fiscal year, the amount of
the grant the Commonwealth of Puerto Rico is eligible
to receive under this section shall be equal to the
number of children counted under subsection (c) for the
Commonwealth of Puerto Rico, multiplied by the amount
determined in section 1124(a)(4) for the Commonwealth
of Puerto Rico.
(c) Weighted Child Count.--
(1) Weights for allocations to counties.--
(A) In general.--For each fiscal year for
which the Secretary uses county population data
to calculate grants, the weighted child count
used to determine a county's allocation under
this section is the larger of the 2 amounts
determined under subparagraphs (B) and (C).
(B) By percentage of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) for that county
who constitute not more than 12.20
percent, inclusive, of the county's
total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children who
constitute more than 12.20 percent, but
not more than 17.70 percent, of such
population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 17.70 percent, but
not more than 22.80 percent, of such
population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 22.80 percent, but
not more than 29.70 percent, of such
population, multiplied by 3.25; and
(v) the number of such children who
constitute more than 29.70 percent of
such population, multiplied by 4.0.
(C) By number of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) who constitute
not more than 1,917, inclusive, of the
county's total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children
between 1,918 and 5,938, inclusive, in
such population, multiplied by 1.5;
(iii) the number of such children
between 5,939 and 20,199, inclusive, in
such population, multiplied by 2.0;
(iv) the number of such children
between 20,200 and 77,999, inclusive,
in such population, multiplied by 2.5;
and
(v) the number of such children in
excess of 77,999 in such population,
multiplied by 3.0.
(D) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for the
Commonwealth of Puerto Rico under this
paragraph shall not be greater than the total
number of children counted under section
1124(c) multiplied by 1.72.
(2) Weights for allocations to local educational
agencies.--
(A) In general.--For each fiscal year for
which the Secretary uses local educational
agency data, the weighted child count used to
determine a local educational agency's grant
under this section is the larger of the 2
amounts determined under paragraphs (B) and
(C).
(B) By percentage of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) for that local
educational agency who constitute not
more than 14.265 percent, inclusive, of
the agency's total population aged 5 to
17, inclusive, multiplied by 1.0;
(ii) the number of such children who
constitute more than 14.265 percent,
but not more than 21.553 percent, of
such population, multiplied by 1.75;
(iii) the number of such children who
constitute more than 21.553 percent,
but not more than 29.223 percent, of
such population, multiplied by 2.5;
(iv) the number of such children who
constitute more than 29.223 percent,
but not more than 36.538 percent, of
such population, multiplied by 3.25;
and
(v) the number of such children who
constitute more than 36.538 percent of
such population, multiplied by 4.0.
(C) By number of children.--The amount
referred to in subparagraph (A) is determined
by adding--
(i) the number of children determined
under section 1124(c) who constitute
not more than 575, inclusive, of the
agency's total population aged 5 to 17,
inclusive, multiplied by 1.0;
(ii) the number of such children
between 576 and 1,870, inclusive, in
such population, multiplied by 1.5;
(iii) the number of such children
between 1,871 and 6,910, inclusive, in
such population, multiplied by 2.0;
(iv) the number of such children
between 6,911 and 42,000, inclusive, in
such population, multiplied by 2.5; and
(v) the number of such children in
excess of 42,000 in such population,
multiplied by 3.0.
(D) Puerto rico.--Notwithstanding
subparagraph (A), the weighting factor for the
Commonwealth of Puerto Rico under this
paragraph shall not be greater than the total
number of children counted under section
1124(c) multiplied by 1.72.
(d) Calculation of Grant Amounts.--Grant amounts under this
section shall be calculated in the same manner as grant amounts
are calculated under section 1124(a)(2) and (3).
(e) State Minimum.--Notwithstanding any other provision of
this section or section 1122, from the total amount available
for any fiscal year to carry out this section, each State shall
be allotted not less than the lesser of--
(1) 0.25 percent of the total amount made available
to carry out this section for such fiscal year; or
(2) the average of--
(A) 0.25 percent of the total amount made
available to carry out this section for such
fiscal year; and
(B) 150 percent of the national average grant
under this section per child described in
section 1124(c), without application of a
weighted child count, multiplied by the State's
total number of children described in section
1124(c), without application of a weighted
child count.
SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.
(a) Grants.--From funds appropriated under subsection (e)
the Secretary is authorized to make grants to States, from
allotments under subsection (b), to carry out the purpose of
this part.
(b) Distribution Based Upon Fiscal Effort and Equity.--
(1) In general.--
(A) In general.--Except as provided in
subparagraph (B), funds appropriated pursuant
to subsection (e) shall be allotted to each
State based upon the number of children aged 5
to 17, inclusive, in such State multiplied by
the product of--
(i) such State's effort factor
described in paragraph (2); multiplied
by
(ii) 1.30 minus such State's equity
factor described in paragraph (3).
(B) Minimum.--For each fiscal year no State
shall receive under this section less than 0.25
percent of the total amount appropriated under
subsection (e) for the fiscal year.
(2) Effort factor.--
(A) In general.--Except as provided in
subparagraph (B), the effort factor for a State
shall be determined in accordance with the
succeeding sentence, except that such factor
shall not be less than 0.95 nor greater than
1.05. the effort factor determined under this
sentence shall be a fraction the numerator of
which is the product of the 3-year average per-
pupil expenditure in the State multiplied by
the 3-year average per capita income in the
United State and the denominator of which is
the product of the 3-year average per capita
income in such State multiplied by the 3-year
average per-pupil expenditure in the United
States.
(B) Commonwealth of puerto rico.--The effort
factor for the Commonwealth of Puerto Rico
shall be equal to the lowest effort factor
calculated under subparagraph (A) for any
State.
(3) Equity factor.--
(A) Determination.--
(i) In general.--Except as provided
in subparagraph (B), the Secretary
shall determine the equity factor under
this section for each State in
accordance with clause (ii).
(ii) Computation.--
(I) In general.--For each
State, the Secretary shall
compute a weighted coefficient
of variation for the per-pupil
expenditures of local
educational agencies in
accordance with subclauses
(II), (III), (IV), and (V).
(II) Variation.--In computing
coefficients of variation, the
Secretary shall weigh the
variation between per-pupil
expenditures in each local
educational agency and the
average per-pupil expenditures
in the State according to the
number of pupils served by the
local educational agency.
(III) Number of pupils.--In
determining the number of
pupils under this paragraph
served by each local
educational agency and in each
State, the Secretary shall
multiply the number of children
from low-income families by a
factor of 1.4.
(IV) Enrollment
requirement.--In computing
coefficients of variation, the
Secretary shall include only
those local educational
agencies with an enrollment of
more than 200 students.
(V) Separate coefficients.--
The Secretary shall compute
separate coefficients of
variation for elementary
schools, secondary schools, and
unified local educational
agencies and shall combine such
coefficients into a single
weighted average coefficient
for the State by multiplying
each coefficient by the total
enrollments of the local
educational agencies in each
group, adding such products,
and dividing such sum by the
total enrollments of the local
educational agencies in the
State.
(B) Special rule.--The equity factor for a
State that meets the disparity standard
described in section 222.162 of title 34, Code
of Federal Regulations (as such section was in
effect on the day preceding the date of
enactment of the Educational Opportunities Act)
or a State with only 1 local educational agency
shall be not greater than 0.10.
(C) Revisions.--The Secretary may revise each
State's equity factor as necessary based on the
advice of independent education finance
scholars to reflect other need-based costs of
local educational agencies in addition to low-
income student enrollment, such as differing
geographic costs, costs associated with
students with disabilities, children with
limited English-proficiency or other meaningful
educational needs, which deserve additional
support. In addition, after obtaining the
advice of independent education finance
scholars, the Secretary may revise each State's
equity factor to incorporate other valid and
accepted methods to achieve adequacy of
educational opportunity that may not be
reflected in a coefficient of variation method.
(c) Use of Funds.--All funds awarded to each State under
this section shall be allocated to local educational agencies
and schools on a basis consistent with the distribution of
other funds to such agencies and schools under sections 1124,
1124A, and 1125 to carry out activities under this part.
(d) Maintenance of Effort.--
(1) In general.--Except as provided in paragraph (2),
a State is entitled to receive its full allotment of
funds under this section for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
(2) Reduction of funds.-- The Secretary shall reduce
the amount of funds awarded to any State under this
section in any fiscal year in the exact proportion to
which the State fails to meet the requirements of
paragraph (1) by falling below 90 percent of both the
fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
(3) Waivers.--The Secretary may waive, for 1 fiscal
year only, the requirements of this subsection if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $200,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
(a) Allocations for Neglected Children.--
(1) In general.--If a State educational agency
determines that a local educational agency in the State
is unable or unwilling to provide for the special
educational needs of children who are living in
institutions for neglected or delinquent children as
described in section 1124(c)(1)(C), the State
educational agency shall, if such agency assumes
responsibility for the special educational needs of
such children, receive the portion of such local
educational agency's allocation under sections 1124,
1124A, and 1125 that is attributable to such children.
(2) Special rule.--If the State educational agency
does not assume such responsibility, any other State or
local public agency that does assume such
responsibility shall receive that portion of the local
educational agency's allocation.
(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 among the affected local
educational agencies--
(1) if 2 or more local educational agencies serve, in
whole or in part, the same geographical area;
(2) if a local educational agency provides free
public education for children who reside in the school
district of another local educational agency; or
(3) to reflect the merger, creation, or change of
boundaries of 1 or more local educational agencies.
(c) Reallocation.--If a State educational agency determines
that the amount of a grant a local educational agency would
receive under sections 1124, 1124A, and 1125 is more than such
local educational agency will use, the State educational agency
shall make the excess amount available to other local
educational agencies in the State that need additional funds in
accordance with criteria established by the State educational
agency.
SEC. 1127. CARRYOVER AND WAIVER.
(a) Limitation on Carryover.--Notwithstanding section 421
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a
local educational agency for any fiscal year under this subpart
(but not including funds received through any reallocation
under this subpart) may remain available for obligation by such
agency for one additional fiscal year.
(b) Waiver.--A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if--
(1) the agency determines that the request of a local
educational agency is reasonable and necessary;
(2) supplemental appropriations for this subpart
become available.
(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local educational agency that
receives less than $50,000 under this subpart for any fiscal
year.
Subpart 3--Child Centered Program
SEC. 1131. DEFINITIONS.
In this subpart:
(1) Eligible child.--The term ``eligible child''
means a child who--
(A) is eligible to be counted under section
1124(c); or
(B) (i) the State or participating local
educational agency elects to serve under this
subpart; and
(ii) is a child eligible to be served under
this part pursuant to section 1115(b).
(2) Participating local educational agency.--The term
``participating local educational agency'' means a
local educational agency that elects under section
1133(b) to carry out a child centered program under
this subpart.
(3) School.--The term ``school'' means an
institutional day or residential school that provides
elementary or secondary education, as determined under
State law, except that such term does not include any
school that provides education beyond grade 12.
(4) Supplemental education services.--The term
``supplemental education services'' means educational
services intended--
(A) to meet the individual educational needs
of eligible children; and
(B) to enable eligible children to meet
challenging State curriculum, content, and
student performance standards.
(5) Tutorial assistance providers.--The term
``tutorial assistance provider'' means a public or
private entity that--
(A) has a record of effectiveness in
providing tutorial assistance to school
children; or
(B) uses instructional practices based on
scientific research.
SEC. 1132. CHILD CENTERED PROGRAM FUNDING.
(a) Funding.--Notwithstanding any other provision of law,
not more than 10 States and not more than 20 participating
local educational agencies may use the funds made available
under subparts 1 and 2, and shall use the funds made available
under subsection (c), to carry out a child centered program
under this subpart.
(b) Participating Local Educational Agency Election.--
(1) In general.--If a State does not carry out a
child centered program under this subpart or does not
have an application approved under section 1134 for a
fiscal year, a local educational agency in the State
may elect to carry out a child centered program under
this subpart, and the Secretary shall provide the funds
that the local educational agency (with an application
approved under section 1134) is eligible to receive
under subparts 1 and 2, and subsection (c), directly to
the local educational agency to enable the local
educational agency to carry out the child centered
program.
(2) Submission approval.--In order to be eligible to
carry out a child centered program under this subpart a
participating local educational agency shall obtain
from the State approval of the submission, but not the
contents, of the application submitted under section
1134.
(c) Incentive Grants.--
(1) In general.--From amounts appropriated under
paragraph (3) for a fiscal year the Secretary shall
award grants to each State, or participating local
educational agency described in subsection (b), that
elects to carry out a child centered program under this
subpart and has an application approved under section
1134, to enable the State or participating local
educational agency to carry out the child centered
program.
(2) Amount.--Each State or participating local
educational agency that elects to carry out a child
centered program under this subpart and has an
application approved under section 1134 for a fiscal
year shall receive a grant in an amount that bears the
same relation to the amount appropriated under
paragraph (3) for the fiscal year as the amount the
State or participating local educational agency
received under subparts 1 and 2 for the fiscal year
bears to the amount all States and participating local
educational agencies carrying out a child centered
program under this subpart received under subparts 1
and 2 for the fiscal year.
(3) Authorization of appropriations.--There are
authorized to be appropriated $500,000,000to carry out
this subsection for fiscal year 2000 and each of the 4 succeeding
fiscal years.
SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.
(a) Uses.--Each State or participating local educational
agency with an application approved under section 1134 shall
use funds made available under subparts 1 and 2, and subsection
(c), to carry out a child centered program under which--
(1) the State or participating local educational
agency establishes a per pupil amount based on the
number of eligible children in the State or the school
district served by the participating local educational
agency; and
(2) the State or participating local educational
agency may vary the per pupil amount to take into
account factors that may include--
(A) variations in the cost of providing
supplemental education services in different
parts of the State or the school district
served by the participating local educational
agency;
(B) the cost of providing services to pupils
with different educational needs; or
(C) the desirability of placing priority on
selected grades; and
(3) in the case of a child centered program for
eligible children at a public school, the State or the
participating local educational agency makes available,
not later than 3 months after the beginning of the
school year, the per pupil amount determined under
paragraphs (1) and (2) to the public school in which an
eligible child is enrolled, which per pupil amount
shall be used for supplemental education services for
the eligible child that are--
(A) subject to subparagraph (B), provided by
the school directly or through the provision of
supplemental education services with any
governmental or nongovernmental agency, school,
postsecondary educational institution, or other
entity, including a private organization or
business; or
(B) if directed by the parent of an eligible
child, provided by the school or local
educational agency through a school-based
program or through the provision of
supplemental education services with a tutorial
service provider, and in the case that a parent
directs that the services be provided through a
tutorial assistance provider, the school or
local educational agency shall ensure that the
provider selected by the parent is reimbursed
(not to exceed the per pupil amount) for their
tutorial services following notification to the
school or local educational agency by the
parent that those services were provided in a
satisfactory manner.
(b) Schoolwide Programs.--
(1) In general.--In the case of a public school in
which 50 percent of the students enrolled in the school
are eligible children, the public school may use funds
provided under this subpart, in combination with other
Federal, State, and local funds, to carry out a
schoolwide program to upgrade the entire educational
program in the school.
(2) Plan.--If the public school elects to use funds
provided under this part in accordance with paragraph
(1), and does not have a plan approved by the Secretary
under section 1114(b)(2), the public school shall
develop and adopt a comprehensive plan for reforming
the entire educational program of the public school
that--
(A) incorporates--
(i) strategies for improving
achievement for all children to meet
the State's proficient ad advanced
levels of performance described in
section 1111(b);
(ii) instruction by highly qualified
staff;
(iii) professional development for
teachers and aides in content areas in
which the teachers or aides provide
instruction and, where appropriate,
professional development for pupil
services personnel, parents, and
principals, and other staff to enable
all children in the school to meet the
State's student performance standards;
and
(iv) activities to ensure that
eligible children who experience
difficulty mastering any of the
standards described in section 1111(b)
during the course of the school year
shall be provided with effective,
timely additional assistance;
(B) describes the school's use of funds
provided under this subpart and from other
sources to implement the activities described
in subparagraph (A);
(C) includes a list of State and local
educational agency programs and other Federal
programs that will be included in the
schoolwide program;
(D) describes how the school will provide
individual student assessment results,
including an interpretation of those results,
to the parents of an eligible child who
participates in the assessment; and
(E) describes how and where the school will
obtain technical assistance services and a
description of such services.
(3) Special rule.--In the case of a public school
operating a schoolwide program under this subsection,
the Secretary may, through publication of a notice in
the Federal Register, exempt child centered programs
under this section from statutory or regulatory
requirements of any other noncompetitive formula grant
program administered by the Secretary, or any
discretionary grant program administered by the
Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities
Education Act), to support the schoolwide program, if
the intent and purposes of such other noncompetitive or
discretionary programs are met.
(c) Private School Children.--A State or participating
local educational agency carrying out a child centered program
under this subpart shall ensure that eligible children who are
enrolled in a private school receive supplemental education
services in the same manner as such services are provided under
section 1120.
(d) Open Enrollment.--
(1) In general.--In order to be eligible to carry out
a child centered program under this subpart a State or
participating local educational agency shall operate a
statewide or school district wide, respectively, open
enrollment program that permits parents to enroll their
child in any public school in the State or school
district, respectively, if space is available in the
public school and the child meets the qualifications
for attendance at the public school.
(2) Waiver.--The Secretary may waive paragraph (1)
for a State or participating local education agency if
the State or agency, respectively, demonstrates that
parents served by the State or agency, respectively--
(A) have sufficient options to enroll their
child in multiple public schools; or
(B) will have sufficient options to use the
per pupil amount made available under this
subpart to purchase supplemental education
services from multiple tutorial assistance
providers or schools.
(e) Parent Involvement.--
(1) In general.--Any public school receiving funds
under this subpart shall convene an annual meeting at a
convenient time. All parents of eligible children shall
be invited and encouraged to attend the meeting, in
order to explain to the parents the activities assisted
under this subpart and the requirements of this
subpart. At the meeting, the public school shall
explain to parents how the school will use funds
provided under this subpart to enable eligible children
enrolled at the school to meet challenging State
curriculum, content, and student performance standards.
In addition, the public school shall inform parents of
their right to choose to have supplemental education
services provided under this subpart to an eligible
child through a school-based program or a tutorial
assistance provider.
(2) Information.--Any public school receiving funds
under this subpart shall provide to parents a
description and explanation of the curriculum in use at
the school, the forms of assessment used to measure
student progress, and the proficiency levels students
are expected to meet.
SEC. 1134. APPLICATION.
(a) In General.--Each State or participating local
educational agency desiring to carry out a child centered
program under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each such application
shall contain--
(1) a detailed description of the program to be
assisted, including an assurance that--
(A) the per pupil amount established under
section 1133(a) will follow each eligible child
described in that section to the school or
tutorial assistance provider of the parent's
choice;
(B) funds made available under this subpart
will be spent in accordance with the
requirements of this subpart; and
(C) parents have the option to select to have
their child receive the supplemental education
services from multiple tutorial assistance
providers and schools;
(2) an assurance that the State or participating
local educational agency will publish in a widely read
or distributed medium an annual report card that
contains--
(A) information regarding the academic
progress of all students served by the State or
participating local educational agency in
meeting State standards, including students
assistedunder this subpart, with results
disaggregated by race, family income, and limited English proficiency,
if such disaggregation can be performed in a statistically sound
manner; and
(B) such other information as the State or
participating local educational agency may
require;
(3) a description of how the State or participating
local educational agency will make available, to
parents of children participating in the child centered
program, annual school report cards, with results
disaggregated by race, family income, and limited
English proficiency, for schools in the State or in the
school district of the participating local educational
agency;
(4) in the case of an application from a
participating local educational agency, an assurance
that the participating local educational agency has
notified the State regarding the submission of the
application;
(5) a description of specific measurable objectives
for improving the student performance of students
served under this subpart;
(6) a description of the process by which the State
or participating local educational agency will measure
progress in meeting the objectives;
(7)(A) in the case of an application from a State, an
assurance that the State meets the requirements of
subsections (a), (b) and (f) of section 1111 as applied
to activities assisted under this subpart; and
(B) in the case of an application from a
participating local educational agency, an assurance
that the State's application under section 1111 met the
requirements of subsections (a), (b) and (f) of such
section; and
(8) an assurance that each local educational agency
serving a school that receives funds under this subpart
will meet the requirements of subsections (a) and (c)
of section 1116 as applied to activities assisted under
this subpart.
SEC. 1135. ADMINISTRATIVE PROVISIONS.
(a) Program Duration.--A State or participating local
educational agency shall carry out a child centered program
under this subpart for a period of 5 years.
(b) Administrative Costs.--A State may reserve 2 percent of
the funds made available to the State under this subpart, and a
participating local educational agency may reserve 5 percent of
the funds made available tot he participating local educational
agency under this subpart, to pay the costs of administrative
expenses of the child centered program. The cost may include
costs of providing technical assistance to schools receiving
funds under this subpart, in order to increase the opportunity
for all students in the schools to meet the State's content
standards and student performance standards. The technical
assistance may be provided directly by the State educational
agency, local educational agency, or, with a local educational
agency's approval, by an institution of higher education, by a
private nonprofit organization, by an educational service
agency, by a comprehensive regional assistance center, or by
another entity with experience in helping schools improve
student achievement.
(c) Reports.--
(1) Annual reports.--
(A) In general.--The State educational agency
serving each State, and each participating
local educational agency, carrying out a child
centered program under this subpart shall
submit to the Secretary an annual report, that
is consistent with data provided under section
1134(a)(2)(A), regarding the performance of
eligible children receiving supplemental
education services under this subpart.
(B) Data.--Not later than 2 years after
establishing a child centered program under
this subpart and each year thereafter, each
State or participating local educational agency
shall include in the annual report data on
student achievement for eligible children
served under this subpart with results
disaggregated by race, family income, and
limited English proficiency, demonstrating the
degree to which measurable progress has been
made toward meeting the objectives described in
section 1134(a)(5).
(C) Data assurances.--Each annual report
shall include--
(i) an assurance from the managers of
the child centered program that data
used to measure student achievement
under subparagraph (B) is reliable,
complete, and accurate, as determined
by the State or participating local
educational agency; or
(ii) a description of a plan for
improving the reliability,
completeness, and accuracy of such data
as determined by theState or
participating local educational agency.
(2) Secretary's report.--The Secretary shall make each
annual report available to Congress, the public, and
the Comptroller General of the United States (for
purposes of the evaluation described in section 1136).
(d) Termination.--Three years after the date a State or
participating local educational agency establishes a child
centered program under this subpart the Secretary shall review
the performance of the State or participating local educational
agency in meeting the objectives described in section
1134(a)(5). The Secretary, after providing notice and an
opportunity for a hearing, may terminate the authority of the
State or participating local educational agency to operate a
child centered program under this subpart if the State or
participating local educational agency submitted data that
indicated the State or participating local educational agency
has not made any progress in meeting the objectives.
(e) Treatment of Amounts Received.--The per pupil amount
provided under this subpart for an eligible child shall not be
treated as income of the eligible child or the parent of the
eligible child for purposes of Federal tax laws, or for
determining the eligibility for or amount of any other Federal
assistance.
SEC. 1136. EVALUATION.
(a) Annual Evaluation.--
(1) Contract.--The Comptroller General of the United
States shall enter into a contract, with an evaluating
entity that has demonstrated experience in conducting
evaluations, for the conduct of an ongoing rigorous
evaluation of child centered programs under this
subpart.
(2) Annual evaluation requirement.--The contract
described in paragraph (1) shall require the evaluating
entity entering into such contract to annually evaluate
each child centered program under this subpart in
accordance with the evaluation criteria described in
subsection (b).
(3) Transmission.--The contract described in paragraph
(1) shall require the evaluating entity entering into
such contract to transmit to the Comptroller General of
the United States the findings of each annual
evaluation under paragraph (2).
(b) Evaluation Criteria.--The Comptroller General of the
United States in consultation with the Secretary, shall
establish minimum criteria for evaluating the child centered
programs under this subpart. Such criteria shall provide for a
description of--
(1) the implementation of each child centered program
under this subpart;
(2) the effects of the programs on the level of
parental participation and satisfaction with the
programs; and
(3) the effects of the programs on the educational
achievement of eligible children participating in the
programs.
SEC. 1137. REPORTS.
(a) Reports by Comptroller General.--
(1) Interim reports.--Three years after the date of
enactment of this subpart the Comptroller General of
the United States shall submit an interim report to
Congress on the findings of the annual evaluations
under section 1136(a)(2) for each child centered
program assisted under this subpart. The report shall
contain a copy of the annual evaluation under section
1136(a)(2) of each child centered program under this
subpart.
(2) Final report.--The Comptroller General shall
submit a final report to Congress, not later than March
1, 2006, that summarizes the findings of the annual
evaluations under section 1136(a)(2).
SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.
Nothing in this subpart shall be construed--
(1) to authorize or permit an officer or employee of
the Federal Government to mandate, direct, or control a
State, local educational agency, or school's specific
instructional content or student performance standards
and assessments, curriculum, or program of instruction,
as a condition of eligibility to receive funds under
this subpart; and
(2) to preempt any provision of a State constitution
or State statute that pertains to the expenditure of
State funds in or by religious institutions.
PART B--EVEN START FAMILY LITERACY PROGRAMS
* * * * * * *
SEC. 1202. [20 U.S.C. 6302] PROGRAM AUTHORIZED.
(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
(1) In general.--For each fiscal year, the Secretary
shall reserve 5 percent of the amount appropriated
under section 1002(b) (or, if such appropriated amount
exceeds $250,000,000, 6 percent of such amount) for
programs, under such terms and conditions as the
Secretary shall establish, that are consistent with the
purpose of this part, and according to their relative
needs, for--
* * * * * * *
(2) Special rule.--[If the amount of funds made
available under this subsection exceeds $4,600,000,]
After the date of the enactment of the Educational
Opportunities Act, the Secretary shall award a grant,
on a competitive basis, of sufficient size and for a
period of sufficient duration to demonstrate the
effectiveness of a family literacy program in a prison
that houses women and their preschool age children and
that has the capability of developing a program of high
quality.
(3) Coordination of programs for american indians.--
The Secretary shall ensure that programs under
paragraph (1)(C) are coordinated with family literacy
programs operated by the Bureau of Indian Affairs in
order to avoid duplication and to encourage the
dissemination of information on high-quality family
literacy programs serving American Indians.
[(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than three percent of such amounts or the amount
reserved to carry out the activities described in paragraphs
(1) and (2) of subsection (a) for the fiscal year 1994,
whichever is greater, for purposes of--
[(1) carrying out the evaluation required by section
1209; and
[(2) providing, through grants or contracts with
eligible organizations, technical assistance, program
improvement, and replication activities.]
(b) Reservation for Federal Activities.--
(1) Evaluation, technical assistance, program
improvement, and replication activities.--From amounts
appropriated under section 1002(b), the Secretary may
reserve not more than 3 percent of such amounts or the
amount reserved to carry out the activities described
in paragraphs (1) and (2) of subsection (a) for the
fiscal year 1994, whichever is greater, for purposes
of--
(A) carrying out the evaluation required by
section 1209; and
(B) providing, through grants or contracts
with eligible organizations, technical
assistance, program improvement, and
replication activities.
(2) Research.--In the case of fiscal years 2001
through 2005, if the amounts appropriated under section
1002(b) for any of such years exceed such amounts
appropriated for the preceding fiscal year, the
Secretary shall reserve from such excess amount
$2,000,000 or 50 percent, whichever is less, to carry
out section 1211.
(c) Reservation [for Grants] for Statewide Family Literacy
Initiatives._
(1) Grants authorized.--[From funds reserved under
section 2260(b)(3), the Secretary shall] From funds
appropriated under section 1002(b) for any fiscal year,
the Secretary may award grants, on a competitive basis,
to States to enable such States to plan and implement
statewide family literacy initiatives to coordinate
and, where appropriate, integrate existing Federal,
State, and local literacy resources consistent with the
purposes of this part. Such coordination and
integration shall include funds available under the
Adult Education and Family Literacy Act, the Head Start
Act, this part, part A of this title, and part A of
title IV of the Social Security Act.
SEC. 1202A. STATE PLAN.
(a) Contents.--Each State that desires to receive a grant
under this part shall submit a plan to the Secretary containing
such budgetary and other information as the Secretary may
require. Each plan shall--
(1) include the State's indicators of program quality
developed under section 1210, or if the State has not
completed work on those indicators, describe the
State's progress in developing the indicators;
(2) describe how the State is using, or will use, the
indicators to monitor, evaluate, and improve projects
the State assists under this part, and to decide
whether to continue to assist those projects;
(3) describe how the State will help each program
assisted under this part ensure the full implementation
of the program elements described in section 1205,
including how the State will encourage local programs
to use technology, such as distance learning, to
improve program access and the intensity of services,
especially for isolated populations;
(4) describe how the State will conduct competition
for subgrants, including the application of the
criteria described in section 1208; and
(5) describe how the State will coordinate resources,
especially among State agencies, to improve family
literacy services in the State.
(b) Duration.--Each State plan shall--
(1) be submitted for the first year for which this
part is in effect after the date of enactment of the
Educational Opportunities Act;
(2) remain in effect for the duration of the State's
participation under this part and
(3) be periodically reviewed and revised by the
State, as necessary.
* * * * * * *
SEC. 1204. [20 U.S.C. 6304] USES OF FUNDS.
(a) In General.-- * * *
(b) Federal Share Limitation.--
(1) In general.--(A) * * *
(i) * * *
* * * * * * *
(iv) 60 percent in the fourth such year;
[and]
[(v) 50 percent in any subsequent such year.]
(v) 50 percent in the fifth, sixth, seventh,
and eighth such years; and
(vi) 35 percent in any subsequent such year.
* * * * * * *
(c) Use of Funds for Family Literacy Services.--
(1) In general.--A State may use a portion of funds
received under this part to assist eligible entities
receiving a subgrant under section 1203(b) in improving
the quality of family literacy services provided under
Even Start programs under this part, except that in no
case may a State's use of funds for this purpose for a
fiscal year result in a decrease from the level of
activities and services provided to program
participants in the preceding year.
(2) Priority.--In carrying out paragraph (1), a State
shall give priority to programs that were of low
quality, as evaluated based on the indicators of
programs quality developed by the State under section
1210.
(3) Technical assistance and training.--Assistance
under paragraph (1) shall be in the form of technical
assistance and training, provided by a State through a
grant, contract, or cooperative agreement with an
entity that has experience in offering high quality
training and technical assistance to family literacy
providers.
SEC. 1205. [20 U.S.C. 6305] PROGRAM ELEMENTS.
Each program assisted under this part shall--
(1) * * *
[(4) include high-quality, intensive instructional
programs that promote adult literacy and empower
parents to support the educational growth of their
children, developmentally appropriate early childhood
educational services, and preparation of children for
success in regular school programs;]
(4) provide high-quality, intensive family literacy
services using instructional approaches that the best
available research on reading indicates will be most
effective in building adult literacy and children's
language development and reading ability;
* * * * * * *
[(7) operate on a year-round basis, including the
provision of some program services, instructional or
enrichment, during the summer months;]
(7) use methods that ensure that participating
families successfully complete the program, including--
(A) operating a year-round program, including
continuing to provide some instructional
services for participants during the summer
months;
(B) providing developmentally appropriate
educational services for at least a 3-year age
range of children;
(C) encouraging participating families to
regularly attend and remain in the program for
a sufficient time to meet their programs goals;
and
(D) promoting the continuity of family
literacy services across critical points in the
lives of children and their parents so that
those individuals can retain and improve their
educational outcomes;'';
* * * * * * *
(9) use instructional programs based on
scientifically based reading research (as defined in
section 2252) for children and, to the extent such
research is available, for adults;
[(9)](10) ensure that the programs will serve those
families most in need of the activities and services
provided by this part; and
[(10) provide for an independent evaluation of the
program.]
[(10)](11) provide for an independent evaluation of
the program to be used for program improvements;
SEC. 1206. [20 U.S.C. 6366] ELIGIBLE PARTICIPANTS.
(a) In General.--* * *
* * * * * * *
(b) Eligibility for Certain Other Participants.--
(1) In general.--* * *
* * * * * * *
(3) Children 8 years of age or older.--If an Even
Start program assisted under this part collaborates
with a program under part A, and funds received under
such part A program contribute to paying the cost of
providing programs under this part to children 8 years
of age or older, the Even Start program,
notwithstanding subsection (a)(2), may permit the
participation of children 8 years of age or older.
SEC. 1207. [20 U.S.C. 6367] APPLICATIONS.
(a) Submission.--* * *
* * * * * * *
(c) Plan.--
(1) In general.--* * *
(A) * * *
* * * * * * *
(F) a description of how the plan is
integrated with other programs under this [Act,
the Goals 2000: Educate America Act,] Act or
other Acts, as appropriate, consistent with
section [14306] 6506.
* * * * * * *
(d) Consolidated Application.--The plan described in
subsection (c)(1)(F) may be submitted as part of a consolidated
application under section [14302] 6502.
* * * * * * *
SEC. 1208. [20 U.S.C. 6368] AWARD OF SUBGRANTS.
(a) Selection Process.--
(1) In general.--* * *
* * * * * * *
(3) Review panel.--A review panel shall consist of at
least three members, including one early childhood
professional, one adult education professional, and one
individual with expertise in family literacy programs.
[and one or more of the following individuals:] The
review panel may include other individuals such as one
or more of the following:
* * * * * * *
[(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this part for the
second, third, or fourth year, the State educational
agency shall evaluate the program based on the
indicators of program quality developed by the State
under section 1210. Such evaluation shall take place
after the conclusion of the startup period, if any.]
(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this part after the
first year, the State educational agency shall review
the progress of each eligible entity in meeting the
goals of the program referred to in section
1207(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the
State under section 1210.
* * * * * * *
(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this part may
reapply under this part for additional subgrants. [An
eligible recipient may receive funds under this part
for a period not to exceed eight years.]
[(B) The Federal share of any subgrant renewed under
subparagraph (A) shall not exceed 50 percent in any
fiscal year.]
(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with
section 1204(b).
* * * * * * *
SEC. 1210. [20 U.S.C. 6369A] INDICATORS OF PROGRAM QUALITY.
[Each] Not later than September 30, 2000, each State
receiving funds under this part shall develop, based on the
best available research and evaluation data, indicators of
program quality for programs assisted under this part. Such
indicators shall be used to monitor, evaluate, and improve such
programs within the State. Such indicators shall include the
following:
(1) * * *
* * * * * * *
(3) With respect to a program's implementation of
high-quality, intensive family literacy services,
specific levels of intensity of those services and the
duration of individuals' participation that are
necessary to result in the outcomes described in
paragraphs (1) and (2), which levels the State
periodically shall review and revise as needed to
achieve those outcomes.
[SEC. 1211. [20 U.S.C. 6369B] RESEARCH.
[(a) In General.--The Secretary shall carry out, through
grant or contract, research into the components or successful
family literacy services, to use--
[(1) to improve the quality of existing programs
assisted under this part or other family literacy
programs carried out under this Act or the Adult
Education and Family Literacy Act; and
[(2) to develop models for new programs to be carried
out under this Act or the Adult Education and Family
Literacy Act.
[(b) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 2258, the results of the
research described in subsection (a) to States and recipients
of subgrants under this part.]
SEC. 1211. RESEARCH.
(a) In General.--From amounts reserved under section
1202(b)(2), the Secretary, in consultation with the National
Institute for Literacy and other appropriate organizations, may
carry out, directly or through grants or contracts, research on
family literacy services, including--
(1) scientifically based research on the development
of reading and literacy in young children;
(2) the most effective ways of improving the literacy
skills of adults with reading difficulties; and
(3) how family literacy services can best provide
parents with the knowledge and skills the parents need
to support their children's literacy development.
(b) Dissemination.--The Secretary shall ensure the
dissemination, through the National Institute for Literacy and
other appropriate means, of the results of the research
conducted under subsection (a).
* * * * * * *
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 1301. [20 U.S.C. 6391] PROGRAM PURPOSE.
It is the purpose of this part to assist States to--
(1) * * *
(2) ensure that migratory children who move among the
States are not penalized in any manner by disparities
among the States in curriculum, graduation
requirements, and State student performance and content
standards;
[(2)](3) ensure that migratory children are provided
with appropriate educational services (including
supportive services) that address their special needs
in a coordinated and efficient manner;
[(3)](4) ensure that migratory children have the
opportunity to meet the same challenging State content
standards and challenging State student performance
standards that all children are expected to meet;
[(4)](5) design programs to help migratory children
overcome educational disruption, cultural and language
barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare such
children to make a successful transition to
postsecondary education or employment; [and]
[(5)](6) ensure that migratory children benefit from
State and local systemic reforms[.]; and
(7) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging
State content and student performance standards that
all children are expected to meet.
* * * * * * *
SEC. 1304. [20 U.S.C. 6394] STATE APPLICATIONS; SERVICES.
(a) * * *
(b) Program Information.--Each such application shall
include--
(1) a description of how, in planning, implementing,
and evaluating programs and projects assisted under
this part, the State and its local operating agencies
will ensure that the special educational needs of
migratory children, including preschool migratory
children, are identified and addressed through [a
comprehensive plan for needs assessment and service
delivery that meets the requirements of section 1306;]
the full range of services that are available for
migratory children from appropriate local, State, and
Federal educational programs;
(2) a description of joint planning efforts that will
be made with respect to programs assisted under this
Act, local, State, and Federal programs, and bilingual
education programs under part A of title VII;
[(2)](3) a description of the steps the State is
taking to provide all migratory students with the
opportunity to meet the same challenging State content
standards and challenging State student performance
standards that all children are expected to meet;
[(3)](4) a description of how the State will use
funds received under this part to promote interstate
and intrastate coordination of services for migratory
children, including how, consistent with procedures the
Secretary may require, the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such move occurs during the regular
school year;
[(4)](5) a description of the State's priorities for
the use of funds received under this part, and how such
priorities relate to the State's assessment of needs
for services in the State;
[(5)](6) a description of how the State will
determine the amount of any subgrants the State will
award to local operating agencies, taking into account
the requirements of paragraph (1); and
[(6)](7) such budgetary and other information as the
Secretary may require.
(c) Assurances.--Each and such application shall also
include assurances, satisfactory to the Secretary, that--
(1) * * *
* * * * * * *
[(3) in the planning and operation of programs and
projects at both the State and local operating agency
level, there is appropriate consultation with parent
advisory councils for programs of one school year in
duration, and that all such programs and projects are
carried out, to the extent feasible, in a manner
consistent with section 1118;]
(3) in the planning and operation of programs and
projects at both the State and local agency operating
level there is consultation with parent advisory
councils for programs of one school year in duration,
and that all such programs and projects are carried
out--
(A) in a manner consistent with section 1118
unless extraordinary circumstances make
implementation with such section impractical;
and
(B) in a format and language understandable
to the parents;
* * * * * * *
SEC. 1306. [20 U.S.C. 6396] COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
(a) Comprehensive Plan.--
(1) In general.--* * *
(A) is integrated with other programs under
this Act, [the Goals 2000: Educate America
Act,] or other Acts, as appropriate, consistent
with section [14306] 6506;
(B) may be submitted as a part of
consolidated application under section [14302]
6502, if--
(i) the special needs of migratory
children are specifically addressed in
the comprehensive State plan;
(ii) the comprehensive State plan is
developed in collaboration with parents
of migratory children; and
(iii) the comprehensive State
planning is not used to supplant State
efforts regarding, or administrative
funding for, this part;
* * * * * * *
SEC. 1308. [20 U.S.C. 6398] COORDINATION OF MIGRANT EDUCATION
ACTIVITIES.
(a) Improvement of Coordination.--
* * * * * * *
[(b) Assistance and Reporting.--
[(1) Student records.--(A) The Secretary shall
solicit information on how student records are
transferred from one school to another and shall
solicit recommendations on whether new procedures and
technologies for record transfer should be employed to
better meet the needs of the migrant population.
[(B) The Secretary shall also seek recommendations on
the most effective means for determining the number of
students or full-time equivalent students in each State
for the purpose of allocating funds under this part.
[(2) Report to congress.--(A) Not later than April
30, 1995, the Secretary shall report to the Committee
on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of
Representatives the Secretary's findings and
recommendations, and shall include in this report,
recommendations for interim measures that may be taken
to ensure continuity of services in this program.
[(B) The Secretary shall assist States in developing
effective methods for the transfer of student records
and in determining the number of students or full-time
equivalent students in each State if such interim
measures are required.]
(b) Access to Information on Migrant Students.--
(1) National system.--(A) The Secretary shall
establish a national system for electronically
exchanging, among the States, health and educational
information regarding all students served under this
part. Such information shall include--
(i) immunization records and other health
information;
(ii) elementary and secondary academic history
(including partial credit), credit accrual, and
results from State assessments required under
this title;
(iii) other academic information essential to
ensuring that migrant children achieve to high
standards; and
(iv) eligibility for services under the
Individuals with Disabilities Education Act.
(B) The Secretary shall publish, not later than 120
days after the date of enactment of the Educational
Opportunities Act, a notice in the Federal Register
seeking public comment on the proposed data elements
that each State receiving funds under this part shall
be required to collect for purposes of electronic
transfer of migrant student information, the
requirements for immediate electronic access to such
information, and the educational agencies eligible to
access such information.
(C) Such system of electronic access to migrant
student information shall be operational not later than
1 year after the date of enactment of the Educational
Opportunities Act.
(D) For the purpose of carrying out this subsection
in any fiscal year, the Secretary shall reserve not
more than $10,000,000 of the amount appropriated to
carry out this part of such year.
(2) Report to congress.--(A) Not later than April 30,
2002, the Secretary shall report to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives the Secretary's findings and
recommendations regarding services under this part, and
shall include in this report, recommendations for the
interim measures that may be taken to ensure continuity
of services under this part.
(B) The Secretary shall assist States in developing
effective methods for the transfer of student records
and in determining the number of students or full-time
equivalent students in each State if such interim
measures are required.
(c) Availability of Funds.--For the purpose of carrying out
this section in any fiscal year, the Secretary shall reserve
not more than [$6,000,000] $10,000,000 of the amount
appropriated to carry out this part for such year.
(d) Incentive Grants.--
(1) In general.--From the amounts made available to
carry out this section, the Secretary shall reserve not
more than [$1,500,000] $3,000,000 to award, on a
competitive basis, grants in the amount of not more
than $250,000 to State educational agencies with
consortium agreements under section 1303(d).
* * * * * * *
(e) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.
* * * * * * *
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING OUT
[SEC. 1401. [20 U.S.C. 6421] FINDING; PURPOSE; PROGRAM AUTHORIZED.
[(a) Findings.-- Congress finds the following:
[(3) A large percentage of youth in the juvenile
justice system have poor academic achievement, are a
year or more behind grade level, and have dropped out
of school.
[(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
[(3) Preventing students from dropping out of local
schools and addressing the educational needs of
delinquent youth can help reduce the dropout rate and
involvement in delinquent activities at the same time.
[(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and
students often return to their home school ill-prepared
to meet current curriculum requirements.
[(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal
with the unique educational and other needs of such
youth.
[(6) A continuing need exists for activities and
programs to reduce the incidence of youth dropping out
of school.
[(7) Federal dropout prevention programs have
demonstrated effectiveness in keeping children and
youth in school.
[(8) Pregnant and parenting teens are a high at-risk
group for dropout prevention programs.
[(9) Such youth need a strong dropout prevention
program which provides such youth with high level
skills and which provides supports to youth returning
from correctional facilities in order to keep such
youth in school.
[(b) Purpose.--It is the purpose of this part--
[(1) to improve educational services to children in
local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same challenging
State content standards and challenging State student
performance standards that all children in the State
will be expected to meet;
[(2) to provide such children and youth the services
needed to make a successful transition from
institutionalization to further schooling or
employment; and
[(3) to prevent at-risk youth from dropping out of
school and to provide dropouts and youth returning from
institutions with a support system to ensure their
continued education.
[(c) Program Authorized.--In order to carry out the purpose
of this part the Secretary shall make grants to State
educational agencies to enable such agencies to award subgrants
to State agencies and local educational agencies to establish
or improve programs of education for neglected or delinquent
children and youth at risk of dropping out of school before
graduation.
[SEC. 1402. [20 U.S.C. 6422] PAYMENTS FOR PROGRAMS UNDER THIS PART.
[(a) Agency Subgrants.--Based on the allocation amount
computed under section 1412, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
[(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilies, or attending community day programs for delinquent
children and youth.
[(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
[Subpart 1--State Agency Programs
[SEC. 1411. [20 U.S.C. 6431] ELIGIBILITY.
[A State agency is eligible for assistance under this
subpart if such State agency is responsible for providing free
public education for children--
[(1) in institutions for neglected or delinquent
children;
[(2) attending community day programs for neglected
or delinquent children; or
[(3) in adult correctional institutions.
[SEC. 1412. [20 U.S.C. 6432] ALLOCATION OF FUNDS.
[(a) Subgrants to State Agencies.--
[(1) In general.--Each State agency described in
section 1411 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this part, for each fiscal year, an amount equal to the
product of--
[(A) the number of neglected or delinquent
children and youth described in section 1411
who--
[(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
[(ii) are enrolled for at least 20
hours per week--
[(I) in education programs in
institutions for neglected or
delinquent children; or
[(II) in community day
programs for neglected or
delinquent children; and
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
[(A) be determined by the State agency by a
deadline set by the Secretary except that no
State agency shall be required to determine the
number of such children on a specific date set
by the Secretary; and
[(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
[(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under
this part shall be equal to--
[(1) the number of children and youth counted under
sub-section (a)(1) for the Commonwealth of Puerto Rico;
multiplied by
[(2) the product of--
[(A) the percentage that the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
[(B) 32 percent of the average per-pupil
expenditure in the United States.
[(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal year
for subgrants under subsections (a) and (b) is insufficient to
pay the full amount for which all agencies are eligible under
such subsections, the Secretary shall ratably reduce each such
amount.
[SEC. 1413. [20 U.S.C. 6433] STATE REALLOCATION OF FUNDS.
[If a State educational agency determines that a State
agency does not need the full amount of the subgrant for which
such State agency is eligible under this part for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this part, in
such amounts as the State educational agency shall determine.
[SEC. 1414. [20. U.S.C. 6434] STATE PLAN AND STATE AGENCY APPLICATIONS.
[(a) State Plan.--
[(1) In general.--Each State educational
agency that desires to receive a grant under
this part shall submit, for approval by the
Secretary, a plan for meeting the needs of
neglected and delinquent youth and, where
applicable, youth at risk of dropping out of
school which is integrated with other programs
under this Act, the Goals 2000: Educate America
Act, or other Acts, as appropriate, consistent
with section 14306.
[(2) Contents.--Each such State plan shall--
[(A) describe the program goals,
objectives, and performance measures
established by the State that will be
used to assess the effectiveness of the
program in improving academic and
vocational skills of children in the
program;
[(B) provide that, to the extent
feasible, such children will have the
same opportunities to learn as such
children would have if such children
were in the schools of local
educational agencies in the State; and
[(C) contain assurances that the
State educational agency will--
[(i) ensure that programs
assisted under this part will
be carried out in accordance
with the State plan described
in this subsection;
[(ii) carry out the
evaluation requirements of
section 1416;
[(iii) ensure that the State
agencies receiving subgrants
under this subpart comply with
all applicable statutory and
regulatory requirements; and
[(iv) provide such other
information as the Secretary
may reasonably require.
[(3) Duration of the plan.--Each such State
plan shall--
[(A) remain in effect for the
duration of the State's participation
under this part; and
[(B) be periodically reviewed and
revised by the State, as necessary, to
reflect changes in the State's
strategies and programs under this
part.
[(b) Secretarial Approval; Peer Review.--
[(1) In general.--The Secretary shall approve each
State plan that meets the requirements of this part.
[(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
[(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this part
shall submit an application to the State educational agency
that--
[(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served;
[(2) provides assurances that in making services
available to youth in adult correctional facilities,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
[(3) describes the program, including a budget for
the first year of the program, with annual updates to
be provided to the State educational agency;
[(4) describes how the program will meet the goals
and objectives of the State plan under this subpart;
[(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
[(6) describes how the agency will carry out the
evaluation requirements of section 14701 and how the
results of the most recent evaluation are used to plan
and improve the program;
[(7) includes data showing that the agency has
maintained fiscal effort required of a local
educational agency, in accordance with section 14501 of
this title;
[(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under the Job Training Partnership Act or
title I of the Workforce Investment Act of 1998,
vocational education programs, State and local dropout
prevention programs, and special education programs;
[(9) describes how appropriate professional
development will be provided to teachers and other
staff;
[(10) designates an individual in each affected
institution to be responsible for issues relating to
the transition of children and youth from the
institution to locally operated programs;
[(11) describes how the agency will endeavor to
coordinate with businesses for training and mentoring
for participating youth;
[(12) provides assurances that the agency will assist
in locating alternative programs through which students
can continue their education if students are not
returning to school after leaving the correctional
facility;
[(13) provides assurances that the agency will work
with parents to secure parents' assistance in improving
the educational achievement of their children and
preventing their children's further involvement in
delinquent activities;
[(14) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that
the agency will notify the youth's local school if such
youth--
[(A) is identified as in need of special
education services while the youth is in the
facility; and
[(B) intends to return to the local school;
[(15) provides assurances that the agency will work
with youth who dropped out of school before entering
the facility to encourage the youth to reenter school
once the term of the youth has been completed or
provide the youth with the skills necessary to gain
employment, continue the education of the youth, or
achieve a secondary school diploma or the recognized
equivalent if the youth does not intend to return to
school;
[(16) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special needs
taking into consideration the unique needs of such
students;
[(17) describes any additional services provided to
youth, such as career counseling, and assistance in
securing student loans and grants; and
[(18) provides assurance that the program under this
subpart will be coordinated with any programs operated
under the Juvenile Justice and Delinquency Prevention
Act of 1974 or other comparable programs, if
applicable.
[SEC. 1415. [20 U.S.C. 6435] USE OF FUNDS.
[(a) In General.--
[(1) Uses.--A State agency shall use funds received
under this subpart only for programs and projects
that--
[(A) are consistent with the State plan under
section 1414(a); and
[(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, further education, or employment.
[(2) Programs and projects.--Such programs and
projects--
[(A) may include the acquisition of
equipment;
[(B) shall be designed to support educational
services that--
[(i) except for institution-wide
projects under section 1416, are
provided to children identified by the
State agency as failing, or most at
risk of failing, to meet the State's
challenging State content standards and
challenging State student performance
standards;
[(ii) supplement and improve the
quality of the educational services
provided to such children by the State
agency; and
[(iii) afford such children an
opportunity to learn to such
challenging State standards;
[(C) shall be carried out in a manner
consistent with section 1120A and part F of
this title; and
[(D) may include the costs of meeting the
evaluation requirements of section 14701.
[(b) Supplement, Not Supplant.--A program under this
subpart that supplements the number of hours of instruction
students receive from State and local sources shall be
considered to comply with the supplement , not supplant
requirement of section 1120A without regard to the subject
areas in which instruction is given during those hours.
[SEC. 1416. [20 U.S.C. 6436] INSTITUTION-WIDE PROJECTS.
[A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children (other than an adult correctional
institution) or attending a community-day program for such
children may use funds received under this part to serve all
children in, and upgrade the entire educational effort of, that
institution or program if the State agency has developed, and
the State educational agency has approved, a comprehensive plan
for that institution or program that--
[(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or
program serving juveniles;
[(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a two-year period;
[(3) describes the steps the State agency has taken,
or will take, to provide all children under age 21 with
the opportunity to meet challenging State content
standards and challenging State student performance
standards in order to improve the likelihood that the
students will complete secondary school, attain
secondary diploma or its recognized equivalent, or find
employment after leaving the institution;
[(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for students;
[(5) specifically describes how such funds will be
used;
[(6) describes the measures and procedures that will
be used to assess student progress;
[(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs for
neglected or delinquent children and personnel from the
State educational agency; and
[(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
[SEC. 1417. [20 U.S.C. 6437] THREE-YEAR PROGRAMS OR PROJECTS.
[If a State agency operates a program or project under this
subpart in which individual children are likely to participate
for more than one year, the State educational agency may
approve the State agency's application for a subgrant under
this part for a period of not more than three years.
[SEC. 1418. [20 U.S.C. 6438] TRANSITION SERVICES.
[(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount such agency receives
under this subpart for any fiscal year to support projects that
facilitate the transition of children from State-operated
institutions to local educational agencies.
[(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
nonprofit organizations.
[(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include pupil services and mentoring, to
neglected and delinquent children in schools other than State-
operated institutions.
[(d) Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
[Subpart 2--Local Agency Programs
[SEC. 1421. [20 U.S.C. 6451] PURPOSE.
[The purpose of this subpart is to support the operation of
local educational agency programs which involve collaboration
with locally operated correctional facilities to--
[(1) carry out high quality education programs to
prepare youth for secondary school completion,
training, and employment, or further education;
[(2) provide activities to facilitate the transition
of such youth from the correctional program to further
education or employment; and
[(3) operate dropout prevention programs in local
schools for youth at risk of dropping out of school and
youth returning from correctional facilities.
[SEC. 1422. [20 U.S.C. 6452] PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
[(a) Local Subgrants.--With funds retained made available
under section 1402(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of youth residing in locally operated (including
county operated) correctional facilities for youth (including
facilities involved in day programs).
[(b) Special Rule.--A local educational agency which
includes a correctional facility that operates a school is not
required to operate a dropout prevention program if more than
30 percent of the youth attending such facility will reside
outside the boundaries of the local educational agency upon
leaving such facility.
[(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this subpart.
[SEC. 1433. [20 U.S.C. 6453] LOCAL EDUCATIONAL AGENCY APPLICATIONS.
[Eligible local educational agencies desiring assistance
under this section shall submit an application to the State
educational agency, containing such information as the State
educational agency may require. Each such application shall
include--
[(1) a description of the program to be assisted;
[(2) a description of formal agreements between--
[(A) the local educational agency; and
[(B) correctional facilities and alternative
school programs serving youth involved with the
juvenile justice system to operate programs for
delinquent youth;
[(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent youth to ensure that such youth
are participating in an education program comparable to
one operating in the local school such youth would
attend;
[(4) as appropriate, a description of the dropout
prevention program operated by participating schools
and the types of services such schools will provide to
at-risk youth in participating schools and youth
returning from correctional facilities;
[(5) as appropriate, a description of the youth
expected to be served by the dropout prevention program
and how the school will be coordinating existing
educational programs to meet unique education needs;
[(6) as appropriate, a description of how schools
will coordinate with existing social and health
services to meet the needs of students at risk of
dropping out of school and other participating
students, including prenatal health care and nutrition
services related to the health of the parent and child,
parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to
community resources, and scheduling flexibility;
[(7) as appropriate, a description of any
partnerships with local businesses to develop training
and mentoring services for participating students;
[(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievementof their children, assist in
dropout prevention activities, and prevent the involvement of their
children in delinquent activities;
[(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as programs under the Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998 and vocational education
programs serving this at-risk population of youth;
[(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
[(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of youth returning from correctional
facilities;
[(12) a description of efforts participating schools
will make to ensure correctional facilities working
with youth are aware of a child's existing
individualized education program; and
[(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for youth interested in continuing their
education but unable to participate in a regular public
school program.
[SEC. 1424. [20 U.S.C. 6454] USES OF FUNDS.
[Funds provided to local educational agencies under this
subpart may be used, where appropriate, for--
[(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting
teens, youth who have come in contact with the juvenile
justice system, youth at least one year behind their
expected grade level, migrant youth, immigrant youth,
students with limited-English proficiency and gang
members;
[(2) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care and drug
and alcohol counseling, will improve the likelihood
such individuals will complete their education; and
[(3) programs to meet the unique education needs of
youth at risk of dropping out of school, which may
include vocational education, special education, career
counseling, and assistance in securing student loans or
grants.
[SEC. 1425. [20 U.S.C. 6455] PROGRAM REQUIREMENTS FOR CORRECTIONAL
FACILITIES RECEIVING FUNDS UNDER THIS SECTION.
[Each correctional facility entering into an agreement with
a local educational agency under section 1422(a) to provide
services to youth under this section shall--
[(1) where feasible, ensure educational programs in
juvenile facilities are coordinated with the student's
home school, particularly with respect to special
education students with an individualized education
program;
[(2) notify the local school of a youth if the youth
is identified as in need of special education services
while in the facility;
[(3) where feasible, provide transition assistance to
help the youth stay in school, including coordination
of services for the family, counseling, assistance in
accessing drug and alcohol abuse prevention programs,
tutoring, and family counseling;
[(4) provide support programs which encourage youth
who have dropped out to reenter school once their term
has been completed or provide such youth with the
skills necessary for such youth to gain employment or
seek a secondary school diploma or its recognized
equivalent;
[(5) work to ensure such facilities are staffed with
teachers and other qualified staff who are trained to
work with children with disabilities and other students
with special needs taking into consideration the unique
needs of such children and students;
[(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
[(7) use, to the extent possible, technology to
assist in coordinating educational programs between the
juvenile facility and the community school;
[(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
[(9) coordinate funds received under this program
with other local, State, and Federal funds available to
provide services to participating youth, such as funds
made available under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998, and
vocational education funds;
[(10) coordinate programs operated under this subpart
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable; and
[(11) if appropriate, work with local businesses to
develop training and mentoring programs for
participating youth.
[SEC. 1426. [20 U.S.C. 6456] ACCOUNTABILITY.
[The State educational agency may--
[(1) reduce or terminate funding for projects under
this section if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
[(2) require juvenile facilities to demonstrate,
after receiving assistance under this subpart for 3
years, that there has been an increase in the number of
youth returning to school, obtaining a secondary school
diploma or its recognized equivalent, or obtaining
employment after such youth are released.
[Subpart 3--General Provisions
[SEC. 1431. [20 U.S.C. 6471] PROGRAM EVALUATIONS.
[(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity, and
age, not less than once every three years to determine the
program's impact on the ability of participants to--
[(1) maintain and improve educational achievement;
[(2) accrue school credits that meet State
requirements for grade promotion and secondary school
graduation;
[(3) make the transition to a regular program or
other education program operated by a local education
agency; and
[(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after
leaving the institution.
[(b) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
[(c) Evaluation Results.--Each State agency and local
educational agency shall--
[(1) submit evaluation results to the State
educational agency; and
[(2) use the results of evaluations under this
section to plan and improve subsequent programs for
participating children and youth.
[SEC. 1432. [20 U.S.C. 6472] DEFINITIONS.
[For the purpose of this part:
[(1) The term ``adult correctional institution''
means a facility in which persons are confined as a
result of a conviction for a criminal offense,
including persons under 21 years of age.
[(2) The term ``at-risk youth'' means school aged
youth who are at risk of academic failure, have drug or
alcohol problems, are pregnant or are parents, have
come into contact with the juvenile justice system in
the past, are at least one year behind the expected
grade level for the age of the youth, have limited-
English proficiency, [are gang members, have dropped
out of school in the past, or have high absenteeism
rates at school.
[(3) The term ``community day program'' means a
regular program of instruction provided by a State
agency at a community day school operated specifically
for neglected or delinquent children.
[(4) The term ``institution for delinquent children
and youth'' means a public or private residential
facility for the care of children who have been
adjudicated to be delinquent or in need of supervision.
[(5) The term ``institution for neglected children''
means a public or private residential facility, other
than a foster home, that is operated for the care of
children who have been committed to the institution or
voluntarily placed in the institution under applicable
State law, due to abandonment, neglect, or death of
their parents or guardians.]
PART D--PARENTAL ASSISTANCE
SEC. 1401. PARENTAL INFORMATION AND RESOURCE CENTERS.
(a) Purpose.--The purpose of this part is--
(1) to provide leadership, technical assistance, and
financial support to nonprofit organizations and local
educational agencies to help the organizations and
agencies implement successful and effective parental
involvement policies, programs, and activities that
lead to improvements in student performance;
(2) to strengthen partnerships among parents
(including parents of preschool age children),
teachers, principals, administrators, and other school
personnel in meeting the educational needs of children;
(3) to develop and strengthen the relationship
between parents and the school;
(4) to further the developmental progress primarily
of children assisted under this part; and
(5) to coordinate activities funded under this part
with parental involvement initiatives funded under
section 1118 and other provisions of this Act.
``(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants in each fiscal year to nonprofit organizations,
and nonprofit organizations in consortia with local
educational agencies, to establish school-linked or
school-based parental information and resource centers
that provide training, information, and support to--
(A) parents of children enrolled in
elementary schools and secondary schools;
(B) individuals who work with the parents
described in subparagraph (A); and
(C) State educational agencies, local
educational agencies, schools, organizations
that support family-school partnership (such as
parent-teacher associations), and other
organizations that carry out parent education
and family involvement programs.
(2) Award rule.--In awarding grants under this part,
the Secretary shall ensure that such grants are
distributed in all geographic regions of the United
States.
SEC. 1402. APPLICATIONS.
(a) Grants Applications.--
(1) In general.--Each nonprofit organization or
nonprofit organization in consortium with a local
educational agency that desires a grant under this part
shall submit an application to the Secretary at such
time and in such manner as the Secretary shall require.
(2) Contents.--Each application submitted under
paragraph (1), at a minimum, shall include assurances
that the organization or consortium will--
(A)(i) be governed by a board of directors
the membership of which includes parents; or
(ii) be an organization or consortium that
represents the interests of parents;
(B) establish a special advisory committee
the membership of which includes--
(i) parents described in section
1401(b)(1)(A);
(ii) representatives of education
professionals with expertise in
improving services for disadvantaged
children; and
(iii) representatives of local
elementary schools and secondary
schools who may include students and
representatives from local youth
organizations;
(C) use at least \1/2\ of the funds provided
under this part in each fiscal year to serve
areas with high concentrations of low-income
families in order to serve parents who are
severely educationally or economically
disadvantaged;
(D) operate a center of sufficient size,
scope, and quality to ensure that the center is
adequate to serve the parents in the area;
(E) serve both urban and rural areas;
(F) design a center that meets the unique
training, information, and support needs of
parents described in section 1401(b)(1)(A),
particularly such parents who are educationally
or economically disadvantaged;
(G) demonstrate the capacity and expertise to
conduct the effective training, information and
support activities for which assistance is
sought;
(H) network with--
(i) local educational agencies and
schools;
(ii) parents of children enrolled in
elementary schools and secondary
schools;
(iii) parent training and information
centers assisted under section 682 of
the Individuals with Disabilities
Education Act;
(iv) clearinghouses; and
(v) other organizations and agencies;
(I) focus on serving parents described in
section 1401(b)(1)(A) who are parents of low-
income, minority, and limited English
proficient, children;
(J) use part of the funds received under this
part to establish, expand, or operate Parents
as Teachers programs or Home Instruction for
Preschool Youngsters programs;
(K) provide assistance to parents in such
areas as understanding State and local
standards and measures of student and school
performance; and
(L) work with State and local educational
agencies to determine parental needs and
delivery of services.
(b) Grant Renewal.--For each fiscal year after the first
fiscal year an organization or consortium receives assistance
under this part, the organization or consortium shall
demonstrate in the application submitted for such fiscal year
after the first fiscal year that a portion of the services
provided by the organization or consortium is supported through
non-Federal contributions, which contributions may be in cash
or in kind.
SEC. 1403. USES OF FUNDS.
(a) In General.--Grant funds received under this part shall
be used--
(1) to assist parents in participating effectively in
their children's education and to help their children
meet State and local standards, such as assisting
parents--
(A) to engage in activities that will improve
student performance, including understanding
the accountability systems in place within
their State educational agency and local
educational agency and understanding their
children's educational performance in
comparison to State and local standards;
(B) to provide followup support for their
children's educational achievement;
(C) to communicate effectively with teachers,
principals, counselors, administrators, and
other school personnel;
(D) to become active participants in the
development, implementation, and review
ofschool-parent compacts, parent involvement policies, and school
planning and improvement;
(E) to participate in the deign and provision
of assistance to students who are not making
adequate educational progress;
(F) to participate in State and local
decisionmaking; and
(G) to train other parents;
(2) to obtain information about the range of options,
programs, services, and resources available at the
national, State, and local levels to assist parents and
school personnel who work with parents;
(3) to help the parents learn and use the technology
applied in their children's education;
(4) to plan, implement, and fund activities for
parents that coordinate the education of their children
with other Federal programs that serve their children
or their families; and
(5) to provide support for State or local educational
personnel if the participation of such personnel will
further the activities assisted under the grant.
(b) Permissive Activities.--Grant funds received under this
part may be used to assist schools with activities such as--
(1) developing and implementing their plans or
activities under sections 1118 and 1119; and
(2) developing and implementing school improvement
plans, including addressing problems that develop in
the implementation of sections 1118 and 1119.
(3) providing information about assessment and
individual results to parents in a manner and a
language the family can understand;
(4) coordinating the efforts of Federal, State, and
local parent education and family involvement
initiatives; and
(5) providing training, information, and support to--
(A) State educational agencies;
(B) local educational agencies and schools,
especially those local educational agencies and
schools that are low performing; and
(C) organizations that support family-school
partnerships.
(c) Grandfather Clause.--The Secretary shall use funds made
available under this part to continue to make grant or contract
payments to each entity that was awarded a multiyear grant or
contract under title IV of the Goals 2000: Educate America Act
(as such title was in effect onthe day before the date of
enactment of the Educational Opportunities Act) for the duration of the
grant or contract award.
SEC. 1404. TECHNICAL ASSISTANCE.
The Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training, information, and support
programs and parental information and resource centers.
SEC. 1405. REPORTS.
(a) Information.--Each organization or consortium receiving
assistance under this part shall submit to the Secretary, on an
annual basis, information concerning the parental information
and resource centers assisted under this part, including--
(1) the number of parents (including the number of
minority and limited English proficient parents) who
receive information and training;
(2) the types and modes of training, information, and
support provided under this part;
(3) the strategies used to reach and serve parents of
minority and limited English proficient children,
parents with limited literacy skills, and other parents
in need of the services provided under this part;
(4) the parental involvement policies and practices
used by the center and an evaluation of whether such
policies and practices are effective in improving home-
school communication, student achievement, student and
school performance, and parental involvement in school
planning, review, and improvement; and
(5) the effectiveness of the activities that local
educational agencies and schools are carrying out with
regard to parental involvement and other activities
assisted under this Act that lead to improved student
achievement and improved student and school
performance.
(b) Dissemination.--The Secretary annually shall
disseminate, widely to the public and to Congress, the
information that each organization or consortium submits under
subsection (a) to the Secretary.
SEC. 1406. GENERAL PROVISIONS.
Notwithstanding any other provision of this part--
(1) no person, including a parent who educates a
child at home, a public school parent, or a private
school parent, shall be required to participate in any
program of parent education or developmental screening
pursuant to the provisions of this part; and
(2) no program or center assisted under this part
shall take any action that infringes in any manner on
the right of a parent to direct the education of their
children.
PART F--COMPREHENSIVE SCHOOL REFORM
SEC. 1601. PURPOSE.
The purpose of this part is to provide financial incentives
for schools to develop comprehensive school reforms based upon
promising and effective practices and research-based programs
that emphasize basic academics and parental involvement so that
all children can meet challenging State content and student
performance standards.
SEC. 1602. PROGRAM AUTHORIZATION.
(a) Program Authorized.--
(1) In general.--The Secretary is authorized to award
grants to State educational agencies, from allotments
under paragraph (2), to enable the State educational
agencies to award subgrants to local educational
agencies to carry out the purpose described in section
1601.
(2) Allotments.--
(A) Reservations.--Of the amount appropriated
under section 1002(h) for a fiscal year, the
Secretary may reserve--
(i) not more than 1 percent to
provide assistance to schools supported
by the Bureau of Indian Affairs and in
the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of
the Northern Mariana Islands according
to their respective needs for
assistance under this part; and
(ii) not more than 1 percent to
conduct national evaluation activities
described in section 1607.
(B) In general.--Of the amount appropriated
under section 1002(h) that remains after making
the reservation under subparagraph (A) for a
fiscal year, the Secretary shall allot to each
State for the fiscal year an amount that bears
the same ratio to the remainder for that fiscal
year as the amount made available under section
1124 to the State for the preceding fiscal year
bears to the total amount made available under
section 1124 to all States for that year.
(C) Reallotment.--If a State does not apply
for funds under this section, the Secretary
shall reallot such funds to other States that
do not apply in proportion to the amount
allotted to such other States under
subparagraph (B).
SEC. 1603. STATE APPLICATIONS.
``(a) In General.--Each State educational agency that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(b) Contents.--Each such application shall describe--
(1) the process and selection criteria by which the
State educational agency, using expert review, will
select local educational agencies to receive subgrants
under this section;
(2) how the State educational agency will ensure that
only comprehensive school reforms that arebased on
promising and effective practices and research-based programs receive
funds under this part;
(3) how the State educational agency will disseminate
information on comprehensive school reforms that are
based on promising and effective practices and
research-based programs;
(4) how the State educational agency will evaluate
the implementation of such reforms and measure the
extent to which the reforms have resulted in increased
student academic performance; and
(5) how the State educational agency will make
available technical assistance to a local educational
agency or consortia of local educational agencies in
evaluating, developing, and implementing comprehensive
school reform.
SEC. 1604. STATE USE OF FUNDS.
(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this part
shall use the grant funds to award subgrants, on a competitive
basis, to local educational agencies or consortia of local
educational agencies in the State that receive funds under part
A.
(b) Subgrant Requirements.--A subgrant to a local
educational agency or consortium shall be--
(1) of sufficient size and scope to support the
initial costs for the particular comprehensive school
reform plan selected or designed by each school
identified in the application of the local educational
agency or consortium;
(2) in an amount not less than $50,000 for each
participating school; and
(3) renewable for 2 additional 1-year periods after
the initial 1-year grant is made if the school is
making substantial progress in the implementation of
reforms.
(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
(1) plan to use the funds in schools identified as
being in need of improvement or corrective action under
section 1116(c); and
(2) demonstrate a commitment to assist schools with
budget allocation, professional development, and other
strategies necessary to ensure the comprehensive school
reforms are properly implemented and are sustained in
the future.
(d) Grant Consideration.--In awarding subgrants under this
part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including urban
and rural areas, and to schools serving elementary school and
secondary students.
(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant for administrative, evaluation, and
technical assistance expenses.
(f) Supplement.--Funds made available under this part shall
be used to supplement, and not supplant, any other Federal,
State, or local funds that would otherwise be available to
carry out the activities assisted under this part.
(g) Reporting.--Each State educational agency that receives
a grant under this part shall provide to the Secretary such
information as the Secretary may require, including the names
of local educational agencies and schools receiving assistance
under this part, the amount of the assistance, and a
description of the comprehensive school reform model selected
and used.
SEC. 1605. LOCAL APPLICATIONS.
(a) In General.--Each local educational agency or
consortium of local educational agencies desiring a subgrant
under this section shall submit an application to the State
educational agency at such time, in such manner, and containing
such information as the State educational agency may reasonably
require.
(b) Contents.--Each application shall--
(1) identify the schools, that are eligible for
assistance under part A, that plan to implement a
comprehensive school reform program, including the
projected costs of such a program;
(2) describe the promising and effective practices
and research-based programs that such schools will
implement;
(3) describe how the local educational agency or
consortium will provide technical assistance and
support for the effective implementation of the
promising and effective practices and research-based
school reforms selected by such schools; and
(4) describe how the local educational agency or
consortium will evaluate the implementation of such
reforms and measure the results achieved in improving
student academic performance.
SEC. 1606. LOCAL USE OF FUNDS.
(a) Uses of Funds.--A local educational agency or
consortium that receives a subgrant under this section shall
provide the subgrant funds to schools, that are eligible for
assistance under part A and served by the agency, to enablethe
schools to implement a comprehensive school reform program for--
(1) employing innovative strategies for student
learning, teaching, and school management that are
based on promising and effective practices and
research-based programs and have been replicated
successfully in schools with diverse characteristics;
(2) integrating a comprehensive design for effective
school functioning, including instruction, assessment,
classroom management, professional development,
parental involvement, and school management, that
aligns the school's curriculum, technology, and
professional development into a comprehensive reform
plan for schoolwide change designed to enable all
students to meet challenging State content and student
performance standards and addresses needs identified
through a school needs assessment;
(3) providing high quality and continuous teacher and
staff professional development;
(4) the inclusion of measurable goals for student
performance;
(5) support for teachers, principals, administrators,
and other school personnel staff;
(6) meaningful community and parental involvement
initiatives that will strengthen school improvement
activities;
(7) using high quality external technical support and
assistance from an entity that has experience and
expertise in schoolwide reform and improvement, which
may include an institution of higher education;
(8) evaluating school reform implementation and
student performance; and
(9) identification of other resources, including
Federal, State, local, and private resources, that
shall be used to coordinate services that will support
and sustain the school reform effort.
(b) Special Rule.--A school that receives funds to develop
a comprehensive school reform program shall not be limited to
using the approaches identified or developed by the Secretary,
but may develop the school's own comprehensive school reform
programs for schoolwide change as described in subsection (a).
SEC. 1607. NATIONAL EVALUATION AND REPORTS.
(a) In General.--The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
(b) Evaluation.--The national evaluation shall--
(1) evaluate the implementation and results achieved
by schools after 3 years of implementing comprehensive
school reforms; and
(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
(c) Reports.--Prior to the completion of the national
evaluation, the Secretary shall submit an interim report
describing implementation activities for the Comprehensive
School Reform Program, which began in 1998, to the Committee on
Education and the Workforce, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
PART G--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
SEC. 1701 PURPOSE.
The purpose of this part is to provide for school drop-out
prevention and reentry and to raise academic achievement levels
by providing grants, to schools through State educational
agencies, that--
(1) challenge all children to attain their highest
academic potential; and
(2) ensure that all students have substantial and
ongoing opportunities to do so through schoolwide
programs proven effective in school dropout prevention.
Subpart 1--Coordinated National Strategy
SEC. 1711. NATIONAL ACTIVITIES.
(a) In General.--The Secretary is authorized--
(1) to collect systematic data on the participation
in the programs described in paragraph (2)(C) of
individuals disaggregated within each State, local
educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status,
by migrant status, by students with disabilities as
compared to nondisabled students, and by economically
disadvantaged students as compared to students who are
not economically disadvantaged;
(2) to establish and to consult with an intergency
working group which shall--
(A) address inter- and intra-agency program
coordination issues at the Federal level with
respect to school dropout prevention and middle
school and secondary school reentry, assess the
targeting of existing Federal services to
students who are most at risk of dropping out
of school, and the cost-effectiveness of
various programs and approaches used to address
school dropout prevention:
(B) describe the ways in which State and
local agencies can implement effective school
dropout prevention programs using funds from a
variety of Federal programs, including the
programs under this title and the School-to-
Work Opportunities Act of 1994; and
(C) address all Federal programs with school
dropout prevention or school reentry elements
or objectives, programs under title I of this
Act, the School-to-Work Opportunities Act of
1994, part B of title IV of the Job Training
Partnership Act, subtitle C of title I of the
Workforce Investment Act of 1998, and other
programs; and
(3) carry out a national recognition program in
accordance with subsection (b) that recognizes schools
that have made extraordinary progress in lowering
school dropout rates under which a public middle school
or secondary school from each State will be recognized.
(b) Recognition Program.--
(1) National guidelines.--The Secretary shall develop
uniform national guidelines for the recognition program
which shall be used to recognize schools from
nominations submitted by State educational agencies.
(2) Eligible schools.--The Secretary may recognize
under the recognition program any public middle school
or secondary school (including a charter school) that
has implemented comprehensive reforms regarding the
lowering of school dropout rates for all students at
that school.
(3) Support.--The Secretary may make monetary awards
to schools recognized under the recognition program in
amounts determined by the Secretary. Amounts received
under this section shall be used for dissemination
activities within the school district or nationally.
Subpart 2--National School Dropout Prevention Initiative
SEC. 1721. PROGRAM AUTHORIZED.
(a) Allotments to States.--
(1) In general.-- From the sum made available under
section 1732(b) for a fiscal year the Secretary shall
make an allotment to each State in an amount that bears
the same relation to the sum as the amount the State
received under this title for the preceding fiscal year
bears to the amount received by all States under this
title for the preceding fiscal year.
(2) Definition of state.--In this subpart, the term
`State' means each of the several States of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.
(b) Grants.--From amounts made available to a State under
subsection (a), the State educational agency may award grants
to public middle schools or secondary schools, that have school
dropout rates which are in the highest \1/3\ of all school
dropout rates in the State, to enable the schools to pay only
the startup and implementation costs of effective, sustainable,
coordinated, and whole school dropout prevention programs that
involve activities such as--
(1) professional development;
(2) obtaining curricular materials;
(3) release time for professional staff;
(4) planning and research;
(5) remedial education;
(6) reduction in pupil-to-teacher ratios;
(7) efforts to meet State student achievement
standards;
(8) counseling and mentoring for at-risk students;
and
(9) comprehensive school reform models.
(c) Amount.--
(1) In general.--Subject to subsection (d) and except
as provided in paragraph (2), a grant under this
subpart shall be awarded--
(A) in the first year that a school receives
a grant payment under this subpart, in an
amount that is not less than $50,000 and not
more than $100,000, based on factors such as--
(i) school size;
(ii) costs of the model or set of
prevention and reentry strategies being
implemented; and
(iii) local cost factors such as
poverty rates;
(B) in the second such year, in an amount
that is not less than 75 percent of the amount
the school received under this subpart in the
first such year;
(C) in the third year, in an amount that is
not less than 50 percent of the amount the
school received under this subpart in the first
such year; and
(D) in each succeeding year in an amount that
is not less than 30 percent of the amount the
school received under this subpart in the first
such year.
(2) Increases.--The Secretary shall increase the
amount awarded to a school under this subpart by 10
percent if the school creates smaller learning
communities within the school and the creation is
certified by the State educational agency.
(d) Duration.--A grant under this subpart shall be awarded
for a period of 3 years, and may be continued for a period of 2
additional years if the State educational agency determines,
based on the annual reports described in section 1727(a), that
significant progress has been made in lowering the school
dropout rate for students participating in the program assisted
under this subpart compared to students at similar schools who
are not participating in the program.
SEC. 1722. STRATEGIES AND SCHOOL CAPACITY BUILDING.
(a) Strategies.--Each school receiving a grant under this
subpart shall implement research-based, sustainable and widely
replicated, strategies for school dropout prevention and
reentry that address the needs of an entire school population
rather than a subset of students. The strategies may include--
(1) specific strategies for targeted purposes, such
as effective early intervention programs designed to
identify at-risk students, effective programs
encompassing traditionally underserved students,
including racial and ethnic minorities and pregnant and
parenting teenagers, designed to prevent such students
from dropping out of school, and effective programs to
identify and encourage youth who have already dropped
out of school to reenter school and complete their
secondary education; and
(2) approaches such as breaking larger schools down
into smaller learning communities and other
comprehensive reform approaches, creating alternative
school programs, developing clear linkages to career
skills and employment, and addressing specific
gatekeeper hurdles that often limit student retention
and academic success.
(b) Capacity Building.--
(1) In general.--The Secretary, through a contract
with a non-Federal entity, shall conduct a capacity
building and design initiative in order to increase the
types of proven strategies for dropout prevention and
reentry that address the needs of an entire school
population rather than a subset of students.
(2) Number and duration.--
(A) Number.--The Secretary shall award not
more than 5 contracts under this subsection.
(B) Duration.--The Secretary shall award a
contract under this section for a period of not
more than 5 years.
(c) Support for Existing Reform Networks.--
(1) In general.--The Secretary shall provide
appropriate support to eligible entities to enable the
eligible entities to provide training, materials,
development, and staff assistance to schools assisted
under this subpart.
(2) Definition of eligible entity.--The term
`eligible entity' means an entity that, prior to the
date of enactment of the Educational Opportunities
Act--
(A) provided training, technical assistance,
and materials to 100 or more elementary schools
or secondary schools; and
(B) developed and published a specific
educational program or design for use by the
schools.
SEC. 1723. SELECTION OF SCHOOLS.
(A) School Application.--
(1) In general.--Each school desiring a grant under
this subpart shall submit an application to the State
educational agency at such time, in such manner, and
accompanied by such information as the State
educational agency may require.
(2) Contents.--Each application submitted under
paragraph (1) shall--
(A) contain a certification from the local
educational agency serving the school that--
(i) the school has the highest number
or rates of school dropouts in the age
group served by the local educational
agency;
(ii) the local educational agency is
committed to providing ongoing
operational support, for the school's
comprehensive reform plan to address
the problem of school dropouts, for a
period of 5 years; and
(iii) the local educational agency
will support the plan, including--
(I) release time for teacher
training;
(II) efforts to coordinate
activities for feeder schools;
and
(III) encouraging other
schools served by the local
educational agency to
participate in the plan;
(B) demonstrate that the faculty and
administration of the school have agreed to
apply for assistance under this subpart, and
provide evidence of the school's willingness
and ability to use the funds under this
subpart, including providing an assurance of
the support of 80 percent or more of the
professional staff at the school;
(C) describe the instructional strategies to
be implemented, how the strategies will serve
all students, and the effectiveness of the
strategies;
(D) describe a budget and timeline for
implementing the strategies;
(E) contain evidence of coordination with
existing resources;
(F) provide an assurance that funds provide
under this subpart will supplement and not
supplant other Federal, State, and local funds;
(G) describe how the activities to be
assisted conform with research-based knowledge
about school dropout prevention and reentry;
and
(H) demonstrate that the school and local
educational agency have agreed to conduct a
schoolwide program under section 1114.
(b) State Agency Review and Award.--The State educational
agency shall review applications and award grants to schools
under subsection (a) according to a review by a panel of
experts on school dropout prevention.
(c) Eligibility.--A school is eligible to receive a grant
under this subpart if the school is--
(1) a public school (including a public alternative
school)--
(A) that is eligible to receive assistance
under part A, including a comprehensive
secondary school, a vocational or technical
secondary school, and a charter school; and
(B)(i) that serves students 50 percent or
more of whom are low-income individuals; or
(ii) with respect to which the feeder schools
that provide the majority of the incoming
students to the school serve students 50
percent or more of whom are low-income
individuals; or
(2) participating in a schoolwide program under
section 1114 during the grant period.
(d) Community-Based Organizations.--A school that receives
a grant under this subpart may use the grant funds to secure
necessary services from a community-based organization,
including private sector entities, if--
(1) the school approves the use;
(2) the funds are used to provide school dropout
prevention and reentry activities related to schoolwide
efforts; and
(3) the community-based organization has demonstrated
the organization's ability to provide effective
services as described in section 107(a) of the Job
Training Partnership Act, or section 122 of the
Workforce Investment Act of 1998.
(e) Coordination.--Each school that receives a grant under
this subpart shall coordinate the activities assisted under
this subpart with other Federal programs, such as programs
assisted under chapter 1 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 and the School-to-Work
Opportunities Act of 1994.
SEC. 1724. DISSEMINATION ACTIVITIES.
Each school that receives a grant under this subpart shall
provide information and technical assistance to other schools
within the school district, including presentations, document-
sharing, and joint staff development.
SEC. 1725. PROGRESS INCENTIVES.
Notwithstanding any other provision of law, each local
educational agency that receives funds under this title shall
use such funding to provide assistance to schools served by the
agency that have not made progress toward lowering school
dropout rates after receiving assistance under this subpart for
2 fiscal years.
SEC. 1726. SCHOOL DROPOUT RATE CALCULATION.
For purposes of calculating a school dropout rate under
this subpart, a school shall use--
(1) the annual event school dropout rate for students
leaving a school in a single year determined in
accordance with the National Center for Education
Statistics' Common Core of Data, if available; or
(2) in other cases, a standard method for calculating
the school dropout rate as determined by the State
educational agency.
SEC. 1727. REPORTING AND ACCOUNTABILITY.
(a) Reporting.--In order to receive funding under this
subpart for a fiscal year after the first fiscal year a school
receives funding under this subpart, the school shall provide,
on an annual basis, to the Secretary a report regarding the
status of the implementation of activities funded under this
subpart, the outcome data for students at schools assisted
under this subpart disaggregated in the same manner as
information under section 1711(a) (such as dropout rates), and
certification of progress from the eligible entity whose
strategies the school is implementing.
(b) Accountability.--On the basis of the reports submitted
under subsection (a), the Secretary shall evaluate the effect
of the activities assisted under this subpart on school dropout
prevention compared to a control group.
SEC. 1728. STATE RESPONSIBILITIES.
(a) Uniform Data Collection.--Within 1 year after the date
of enactment of the Educational Opportunities Act, a State
educational agency that receives funds under this part shall
report to the Secretary and statewide, all school district and
school data regarding school dropout rates in the State
disaggregated in the same manner as information under section
1711(a), according to procedures that conform with the National
Center for Education Statistics' Common Core of Data.
(b) Attendance-Neutral Funding Policies.--Within 2 years
after the date of enactment of the Educational Opportunities
Act, a State educational agency that receives funds under this
part shall develop and implement education funding formula
policies for public schools that provide appropriate incentives
to retain students in school throughout the school year; such
as--
(1) a student count methodology that does not
determine annual budgets based on attendance on a
single day early in the academic year; and
(2) specific incentives for retaining enrolled
students throughout each year.
(c) Suspension and Expulsion Policies.--Within 2 years
after the date of enactment of the Educational Opportunities
Act, a State educational agency that receives funds under this
part shall develop uniform, long-term suspension and explusion
policies for serious infractions resulting in more than 10 days
of exclusion from school per academic year so that similar
violations result in similar penalties.
(d) Regulations.--The Secretary shall promulgate
regulations implementing subsections (a) through (c).
SUBPART 3--DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS
SEC. 1731. DEFINITIONS.
In this part:
(1) Low-income.--The term ``low-income'', used with
respect to an individual, means an individual
determined to be low-income in accordance with measures
described in section 1113(a)(5).
(2) School dropout.--The term ``school dropout'' has
the meaning given the term in section 4(17) of the
School-to-Work Opportunities Act of 1994.
SEC. 1732. AUTHORIZATION OF APPROPRIATIONS.
(a) Subpart 1.--There are authorized to be appropriated to
carry out subpart 1, $5,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
(b) Subpart 2.--There are authorized to be appropriated to
carry out subpart 2, $145,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding fiscal
years, of which--
(1) $125,000,000 shall be available to carry out
section 1721; and
(2) $20,000,000 shall be available to carry out
section 1722.
PART [F] H--GENERAL PROVISIONS
SEC. [1601] 1901. [20 U.S.C. 6511] FEDERAL REGULATIONS.
* * * * * * *
SEC. [1602] 1902. [20 U.S.C. 6542] COORDINATION OF FEDERAL, STATE, AND
LOCAL ADMINISTRATION.
* * * * * * *
SEC. [1603] 1903. [20 U.S.C. 6519] STATE ADMINISTRATION.
SEC. [1604] 1904. [20 U.S.C. 6314] CONSTRUCTION.
* * * * * * *
[TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
[SEC. 2001. [20 U.S.C. 6601] FINDINGS.
[The Congress finds as follows:
[(1) Reaching the National Education Goals,
particularly the third, fourth, and fifth National
Education Goals, requires a comprehensive educational
reform strategy that involves parents, schools,
government, communities, and other public and private
organizations at all levels.
[(2) A crucial component of the strategy for
achieving such goals is ensuring, through sustained and
intensive high-quality professional development, that
all teachers will provide challenging learning
experiences in the core academic subjects for their
students.
[(3) Decisionmaking as to what activities a State or
local educational agency should undertake to improve
teaching and learning are best made by individuals in
the schools closest to the classroom and most
knowledgeable about the needs of schools and students.
[(4) The potential positive impact of high-quality
professional development is underscored by recent
research findings that--
[(A) professional development must be focused
on teaching and learning in order to improve
the opportunities of all students to achieve
higher standards;
[(B) effective professional development
focuses on discipline-based knowledge and
effective subject-specific pedagogical skills,
involves teams of teachers, and, where
appropriate, administrators and pupil services
personnel, in a school and, through
professional networks of teachers, and, where
appropriate, teacher educators, administrators,
pupil services personnel, and parents, is
interactive and collaborative, motivates by its
intrinsic content and relationship to practice,
builds on experience and learning-by-doing, and
becomes incorporated into the everyday life of
the school;
[(C) professional development can
dramatically improve classroom instruction and
learning when teachers, and, where appropriate,
administrators, pupil services personnel, and
parents, are partners in the development and
implementation of such professional
development; and
[(D) new and innovative strategies for
teaching to high standards will require time
for teachers, outside of the time spent
teaching, for instruction, practice, and
collegial collaboration.
[(5) Special attention must be given in professional
development activities to ensure that education
professionals are knowledgeable of, and make use of,
strategies for serving populations that historically
have lacked access to equal opportunities for advanced
learning and career advancement.
[(6) Professional development is often a victim of
budget reductions in fiscally difficult times.
[(7) The Federal Government has a vital role in
helping States and local educational agencies to make
sustained and intensive high-quality professional
development in the core academic subjects become an
integral part of the elementary and secondary education
system.
[(8) Professional development activities must prepare
teachers, pupil services personnel, paraprofessionals
and other staff in the collaborative skills needed to
appropriately teach children with disabilities, in the
core academic subjects.
[(9) Parental involvement is an important aspect of
school reform and improvement. There is a need for
special attention to ensure the effective involvement
of parents in the education of their children.
Professional development should include methods and
strategies to better prepare teachers and, where
appropriate, administrators, to enable parents to
participate fully and effectively in their children's
education.
[SEC. 2002. [20 U.S.C. 6602] PURPOSES.
[The purposes of this title are to provide assistance to
State and local educational agencies and to institutions of
higher education with teacher education programs so that such
agencies and institutions can determine how best to improve the
teaching and learning of all students by--
[(1) helping to ensure that teachers, and, where
appropriate, other staff and administrators, have
access to sustained and intensive high-quality
professional development that is aligned to challenging
State content standards and challenging State student
performance standards, and to support the development
and implementation of sustained and intensive high-
quality professional development activities in the core
academic subjects; and
[(2) helping to ensure that teachers, and, where
appropriate, administrators, other staff, pupil
services personnel, and parents, have access to
professional development that--
[(A) is tied to challenging State content
standards and challenging State student
performance standards;
[(B) reflects recent research on teaching and
learning;
[(C) includes strong academic content and
pedagogical components;
[(D) incorporates effective strategies,
techniques, methods, and practices for meeting
the educational needs of diverse student
populations, including females, minorities,
individuals with disabilities, limited-English-
proficient individuals, and economically
disadvantaged individuals, in order to ensure
that all students have the opportunity to
achieve challenging State student performance
standards;
[(E) is of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom; and
[(F) is part of the everyday life of the
school and creates an orientation toward
continuous improvement throughout the school.
[SEC. 2003. [20 U.S.C. 6603] AUTHORIZATION OF APPROPRIATIONS;
ALLOCATION BETWEEN PARTS.
[(a) Authorization of Appropriations.--For the purpose of
carrying out this title (other than part C), there are
authorized to be appropriated $800,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.
[(b) Allocation Between Parts.--Of the amounts appropriated
to carry out this title for any fiscal year, the Secretary
shall make available--
[(1) 5 percent of such amounts to carry out subpart
1, of which 5 percent of such 5 percent shall be
available to carry out section 2103;
[(2) 94 percent of such amounts to carry out part B;
and
[(3) 1 percent of such amounts to carry out part D
except that such 1 percent shall not exceed $3,200,000
in any fiscal year.
[PART A--FEDERAL ACTIVITIES
[SEC. 2101. [20 U.S.C. 6621] PROGRAM AUTHORIZED.
[(a) In General.--The Secretary is authorized to make grants
to, and enter into contracts and cooperative agreements with,
local educational agencies, educational service agencies, State
educational agencies, State agencies for higher education,
institutions of higher education, and other public and private
agencies, organizations, and institutions to--
[(1) support activities of national significance that
the Secretary determines will contribute to the
development and implementation of high-quality
professional development activities in the core
academic subjects; and
[(2) evaluate activities carried out under this part
and parts B and C, in accordance with section 14701.
[(b) Requirements.--In carrying out the activities described
in subsection (a), the Secretary shall coordinate professional
development programs within the Department, particularly with
those programs within the Office of Educational Research and
Improvement and the Office of Special Education and
Rehabilitative Services, and shall consult and coordinate with
the National Science Foundation, the National Endowment for the
Humanities, the National Endowment for the Arts, the Institute
of Museum and Library Services, and other appropriate Federal
agencies and entities.
[SEC. 2102. [20 U.S.C. 6622] AUTHORIZED ACTIVITIES.
[(a) Activities.--The Secretary shall use funds available to
carry out this part for--
[(1) providing seed money to the entities described
in section 2101(a) to develop the capacity of such
entities to offer sustained and intensive high-quality
professional development;
[(2) awarding a grant or contract, in consultation
with the Director of the National Science Foundation,
to establish an Eisenhower National Clearinghouse for
Mathematics and Science Education (hereafter in this
section referred to as the ``Clearinghouse''); and
[(3) evaluating programs assisted under this part and
parts B and C, in accordance with section 14701.
[(b) Clearinghouse.--
[(1) Application and award basis.--Each entity
desiring to establish and operate the Clearinghouse
authorized by subsection (a)(2) shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require. The grant or contract
awarded pursuant to subsection (a)(2) shall be made on
a competitive, merit basis.
[(2) Duration.--The grant or contract awarded under
subsection (a)(2) shall be awarded for a period of five
years and shall be reviewed by the Secretary not later
than 30 months from the date the grant or contract is
awarded.
[(3) Use of funds.--The grant or contract awarded
under subsection (a)(2) shall be used to--
[(A) maintain a permanent repository of
mathematics and science education instructional
materials and programs for elementary and
secondary schools, including middle schools
(including, to the extent practicable, all
materials and programs developed with Federal
and non-Federal funds, such as instructional
materials developed by the Department,
materials developed by State and national
mathematics and science programs assisted under
this part, and other instructional materials)
for use by the regional consortia established
under part C of title XIII and by the general
public;
[(B) compile information on all mathematics
and science education programs administered by
each Federal agency or department;
[(C) disseminate information, programs, and
instructional materials to the public,
dissemination networks, and the regional
consortia established under part C of title
XIII;
[(D) coordinate with identifiable and
existing data bases containing mathematics and
science curriculum andinstructional materials,
including Federal, non-Federal, and, where feasible, international,
data bases;
[(E) participate in collaborative meetings of
representatives of the Clearinghouse and the
regional consortia established under part C of
title XIII to discuss issues of common interest
and concern, to foster effective collaboration
and cooperation in acquiring and distributing
curriculum materials and programs, and to
coordinate computer network access to the
Clearinghouse and the resources of the regional
consortia, except that not more than 3 percent
of the funds awarded under subsection (a)(2)
shall be used to carry out this subparagraph;
and
[(F) gather qualitative and evaluative data
on submissions to the Clearinghouse.
[(4) Submission to clearinghouse.--Each Federal
agency or department which develops mathematics or
science education instructional material or programs,
including the National Science Foundation and the
Department, shall submit to the Clearinghouse copies of
such material or programs.
[(5) Peer review.--The Secretary shall establish a
peer review process to select the recipient of the
award under subsection (a)(2).
[(6) Steering committee.--The Secretary may appoint a
steering committee to recommend policies and activities
for the Clearinghouse.
[(7) Application of copyright laws.--Nothing in this
subsection shall be construed to allow the use or
copying, in any media, of any material collected by the
Clearinghouse that is protected under the copyright
laws of the United States unless the permission of the
owner of the copyright is obtained. The Clearinghouse,
in carrying out the provisions of this subsection,
shall ensure compliance with title 17, United States
Code.
[(8) Dissemination of information.--The Secretary
shall disseminate information concerning the grant or
contract awarded under this section to State and local
educational agencies and institutions of higher
education. Such dissemination of information shall
include examples of exemplary national programs in
mathematics and science instruction and necessary
technical assistance for the establishment of similar
programs.
[(c) Uses of Funds.--The Secretary may use funds available to
carry out this part for--
[(1) the development and maintenance of national
clearinghouses for core academic subjects as the
Secretary determines are needed and which shall be
administered as adjunct clearinghouses of the
Educational Resources Information Center Clearinghouses
system of clearinghouses supported by the Office of
Educational Research and Improvement;
[(2) professional development institutes that provide
teachers or teams of teachers, and, where appropriate,
administrators, pupil services personnel and other
staff, from individual schools, with professional
development that contains strong and integrated
disciplinary and pedagogical components;
[(3) encouraging the development of local and
national professional networks, such as the Teacher
Research Dissemination Demonstration Program under
section 941(j) of the Educational Research,
Development, Dissemination, and Improvement Act of
1994, that provide a forum for interaction among
teachers of the core academic subjects and that allow
the exchange of information on advances in content and
pedagogy;
[(4) efforts to train teachers in the innovative uses
and applications of technology to enhance student
learning;
[(5) the development and dissemination of model
teaching standards in the core academic subjects;
[(6) disseminating standards in the core academic
subjects, including information on voluntary national
content standards and voluntary national student
performance standards and related models of high-
quality professional development;
[(7) the dissemination of information about voluntary
national content standards, State content standards,
voluntary national student performance standards and
State student performance standards, and related models
of high-quality professional development;
[(8) efforts to train teachers in innovative
instructional methodologies designed to meet the
diverse learning needs of individual students,
including methodologies which integrate academic and
vocational learning and applied learning, interactive,
interdisciplinary team teaching, and other alternative
teaching strategies, such as service learning,
experiential learning, career-related education, and
environmental education, that integrate real world
applications into the core academic subjects;
[(9) disseminating models of high-quality
professional development activities that train
educators in strategies, techniques, methods, and
practices for meeting the educational needs of
historically underserved populations, including
females, minorities, individuals with disabilities,
limited-English-proficient individuals, and
economically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging State student performance
standards;
[(10) promoting the transferability of licensure and
certification of teachers and administrators among
State and local jurisdictions;
[(11) supporting the National Board for Professional
Teaching Standards;
[(12) developing activities to prepare teachers, and,
where appropriate, paraprofessionals, pupil services
personnel, and other staff in the collaborative skills
needed to appropriately teach children with
disabilities in the core academic subjects;
[(13) encouraging the development of innovative
models for recruitment, induction, retention, and
assessment of new, highly qualified teachers,
especially such teachers from historically
underrepresented groups; and
[(14) joint activities with other Federal agencies
and entities engaged in or supporting similar
professional development efforts.
[SEC. 2103. [20 U.S.C. 6623] NATIONAL TEACHER TRAINING PROJECT.
[(a) Short Title; Findings; Definitions.--
[(1) Short title.--This section may be cited as the
``National Teacher Training Project Act of 1994''.
[(2) Findings.--The Congress finds that--
[(A) teachers must be major players in
educational reform in the United States;
[(B) teachers are isolated from their peers
and have virtually no time during the school
day to consult with other teachers;
[(C) there is a shortage of sustained, year-
round professional development programs for
teachers;
[(D) successful teaching methods are not
adequately shared among teachers;
[(E) teachers are the best teachers of other
teachers because practicing classroom teachers
have experience that no outside consultant can
match;
[(F) it is important for universities and
schools to collaborate on teacher development
programs if teaching and learning are to be
improved;
[(G) pertinent research is not shared among
teachers in a professional setting;
[(H) exemplary teachers should be recognized
for their abilities and contributions and
encouraged to refine their teaching methods;
[(I) each State should support a nationally
based teacher training program, that is modeled
after the National Writing Project, for
teachers of early childhood education, and for
teachers of core academic subjects including
teachers of mathematics, science, English,
civics and government, foreign languages, and
arts;
[(J) the National Writing Project is a
nationally recognized and honored nonprofit
organization that recognizes there are teachers
in every region of the United States who have
developed successful methods for teaching
writing and that such teachers can be trained
and encouraged to train other teachers;
[(K) the National Writing Project is a
collaborative university-school program which
offers summer and school year inservice teacher
training programs and a dissemination network
to inform and teach teachers regarding
developments in the field of writing;
[(L) each year, over 125,000 teachers
voluntarily seek training in National Writing
Project intensive summer institutes and
workshops and school year inservice programs
through one of the 155 sites located within the
United States, and in 18 sites located outside
of the United States;
[(M) in the 20 years of its existence, over
1,100,000 teachers, administrators, and parents
have participated in National Writing Project
programs;
[(N) less than $16 per teacher was the
average cost in Federal dollars for all teacher
training at writing projects in academic year
1991-1992;
[(O) for every dollar in Federal support, the
National Writing Project provides over $5 in
matching funds from States, local universities
and schools, and the private sector;
[(P) private foundation resources, although
generous in the past concerning National
Writing Project programs, are inadequate to
fund all of the National Teacher Training
Project sites needed, and the future of the
program is in jeopardy without secure financial
support;
[(Q) the National Writing Project has become
a model for programs in other fields, such as
science, mathematics, history, literature,
foreign languages, and the performing arts, and
the development of programs in other fields
should continue with the support of Federal
funds; and
[(R) each of the 50 States should participate
in the National Teacher Training Project by
establishing regional teacher training sites in
early childhood development, mathematics,
science, English, civics and government,
foreign languages, and arts to serve all
teachers within the State.
[(3) Definitions.--For the purpose of this section--
[(A) the term ``contractor'' means--
[(i) a local educational agency;
[(ii) an educational service agency;
or
[(iii) an institution of higher
education that awards a bachelor's
degree; and
[(B) the term ``eligible recipient'' means a
nonprofit educational organization which has as
its primary purpose the improvement of student
learning in one of the core academic subjects
described in subsection (b)(2).
[(b) Grants Authorized.--
[(1) Grants to eligible recipients.--The Secretary is
authorized to award a grant to an eligible recipient to
enable such recipient--
[(A) to support and promote the establishment
of teacher training programs in early childhood
development and one of the nine core subject
areas described in paragraph (2), including the
dissemination of effective practices and
research findings regarding teacher training,
and administrative activities;
[(B) to support classroom research on
effective teaching practices in such area; and
[(C) to pay the Federal share of the cost of
such programs and research.
[(2) Core subject areas.--To the extent feasible, the
Secretary shall award a grant under paragraph (1) for
the establishment of a National Teacher Training
Project in early childhood development and each of the
following core subject areas:
[(A) Mathematics.
[(B) Science.
[(C) English.
[(D) Civics and government.
[(E) Foreign languages.
[(F) Arts.
[(G) Geography.
[(H) History.
[(I) Economics.
[(3) Number of grants and eligible recipients.--The
Secretary shall award not more than ten grants under
paragraph (1) to ten different eligible recipients.
[(4) Equitable distribution.--The Secretary shall
award grants under paragraph (1) to eligible recipients
from different geographic areas of the United States.
[(5) Special rule.--Each grant under paragraph (1)
shall be of sufficient size, scope, and quality to be
effective.
[(6) Administrative costs and technical assistance.--
Each eligible recipient receiving a grant under
paragraph (1) may use not more than a total of 5
percent of the grant funds for administrative costs and
the costs of providing technical assistance to a
contractor.
[(c) Grant Requirements.--Each eligible recipient receiving a
grant under subsection (b) shall--
[(1) enter into a contract with a contractor under
which such contractor agrees--
[(A) to establish, operate, and provide the
non-Federal share of the cost of teacher
training programs in effective approaches and
processes for the teaching of the core academic
subjects for which such eligible recipient was
awarded a grant, including approaches and
processes to obtain parental involvement in a
child's education; and
[(B) to use funds received from the eligible
recipient to pay the Federal share of the cost
of establishing and operating teacher training
programs described in subparagraph (A);
[(2) to submit annual reports to the Secretary and be
responsible for oversight of the funds expended at each
teacher training program described in subparagraph (A);
and
[(3) meet such other conditions and standards as the
Secretary determines to be necessary to ensure
compliance with this section and provide such technical
assistance as may be necessary to carry out this
section.
[(d) Teacher Training Programs.--The teacher training
programs described in subsection (b) shall--
[(1) be conducted during the school year and during
the summer months;
[(2) train teachers who teach grades kindergarten
through college;
[(3) select teachers to become members of a National
Teacher Training Project, which members shall conduct
inservice workshops for other teachers in the area
subject matter served by the National Teacher Training
Project site;
[(4) use teacher training principles and receive
technical assistance from the National Writing Project;
and
[(5) encourage teachers from all disciplines to
participate in such teacher training programs.
[(e) Federal Share.--The term ``Federal share'' means, with
respect to the costs of teacher training programs described in
subsection (b), 50 percent of such costs to the contractor.
[(f) Application.--Each eligible recipient 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.
[(g) Participants and Selection Process.--The selection
process for participation in a teacher training program
described in subsection (b) shall--
[(1) reward exemplary teachers with varying levels of
teaching experience who are nominated by other teachers
and administrators;
[(2) involve an application process to select
participants for a summer program;
[(3) ensure the selection of a geographically and
ethnically diverse group of teachers by soliciting
applications from teachers of both public and private
institutions in rural, urban, and suburban settings in
each State; and
[(4) automatically offer a place in a summer program
to the ``Teacher of the Year'' chosen pursuant to a
Federal or State teacher recognition program.
[(h) Limitation.--A contractor entering into a contract under
subsection (c)(1) shall not spend more than 5 percent of funds
received under the contract for administrative costs.
[PART B--STATE AND LOCAL ACTIVITIES
[SEC. 2201. [20 U.S.C. 6641] PROGRAM AUTHORIZED.
[The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality
professional development activities in the core academic
subjects at the State and local levels.
[SEC. 2202. [20 U.S.C. 6642] ALLOCATION OF FUNDS.
[(a) Reservation of Funds.--From the amount available to
carry out this part for any fiscal year, the Secretary shall
reserve--
[(1) \1/2\ of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of
their relative need, as determined by the Secretary in
accordance with the purposes of this part; and
[(2) \1/2\ of 1 percent for the Secretary of the
Interior for programs under this part for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the
Bureau of Indian Affairs.
[(b) State Allocations.--The Secretary shall allocate the
amount available to carry out this part and not reserved under
subsection (a) to each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than \1/2\ of 1 percent
of such amount:
[(1) Fifty percent shall be allocated among such
jurisdictions on the basis of their relative
populations of individuals aged five through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data.
[(2) Fifty percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictions received under part A of title I for
the preceding fiscal year, or for fiscal year 1995
only, such part's predecessor authority.
[(c) Reallocation.--If any jurisdiction does not apply for an
allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
[SEC. 2203. [20 U.S.C. 6643] WITHIN-STATE ALLOCATIONS.
[Of the amounts received by a State under this part for any
fiscal year--
[(1) 84 percent shall be available for local
allowable activities under section 2210(b), of which--
[(A) not more than 5 percent may be used for
the administrative costs of the State
educational agency and for State-level
activities described in section 2207; and
[(B) of the remaining amount--
[(i) 50 percent shall be distributed
to local educational agencies--
[(I) for use in accordance
with section 2210; and
[(II) in accordance with the
relative enrollments in public
and private nonprofit
elementary and secondary
schools within the boundaries
of such agencies; and
[(ii) 50 percent of such amount shall
be distributed to local educational
agencies--
[(I) for use in accordance
with section 2210; and
[(II) in accordance with the
relative amount such agencies
received under part A of title
I or for fiscal year 1995 for
the preceding fiscal year, such
part's predecessor authority;
and
[(2) 16 percent shall be available to the State
agency for higher education for activities under
section 2211, of which not more than 5 percent may be
used for the administrative costs of the State agency
for higher education.
[SEC. 2204. [20 U.S.C. 6644] CONSORTIUM REQUIREMENT.
[(a) In General.--A local educational agency receiving a
grant under this part of less than $10,000 shall form a
consortium with another local educational agency or an
educational service agency serving another local educational
agency to be eligible to participate in programs assisted under
this part.
[(b) Waiver.--The State educational agency may waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation under this part is sufficient to provide a program
of sufficient size, scope, and quality to be effective. In
granting waivers under the preceding sentence, the State
educational agency shall--
[(1) give special consideration to local educational
agencies serving rural areas if distances or traveling
time between schools make formation of the consortium
more costly or less effective; and
[(2) consider cash or in-kind contributions provided
from State or local sources that may be combined with
the local educational agency's allocation for the
purpose of providing services under this part.
[(c) Special Rule.--Each consortium shall rely, as much as
possible, on technology or other arrangements to provide staff
development programs tailored to the needs of each school or
school district participating in a consortium described in
subsection (a).
[SEC. 2205. [20 U.S.C. 6645] STATE APPLICATIONS.
[(a) Applications Required.--Each State educational agency
that wishes to receive an allotment under this part for any
fiscal year shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
[(b) State Plan To Improve Teaching and Learning.--
[(1) In general.--Each application under this section
shall include a State plan that is coordinated with the
State's plan under other programs assisted under this
Act, the Goals 2000: Educate America Act, and other
Acts, as appropriate, consistent with the provisions of
section 14306.
[(2) Contents.--Each such State plan shall--
[(A) be developed in conjunction with the
State agency for higher education, community-
based and other nonprofit organizations of
demonstrated effectiveness, institutions of
higher education or schools of education, and
with the extensive participation of local
teachers, administrators and pupil services
personnel and show the role of each such entity
in implementation of the plan;
[(B) be designed to give teachers, and, where
appropriate, administrators and pupil services
personnel in the State, the knowledge and
skills necessary to provide all students the
opportunity to meet challenging State content
standards and challenging State student
performance standards;
[(C) include an assessment of State and local
needs for professional development specifically
related to subparagraph (B);
[(D) include a description of how the plan
has assessed the needs of local educational
agencies serving rural and urban areas, and
what actions are planned to meet such needs;
[(E) include a description of how the
activities assisted under this part will
address the needs of teachers in schools
receiving assistance under part A of title I;
[(F) a description of how programs in all
core academic subjects, but especially in
mathematics and science, will take into account
the need for greater access to, and
participation in, such disciplines by students
from historically underrepresented groups,
including females, minorities, individuals with
limited English proficiency, the economically
disadvantaged, and individuals with
disabilities, by incorporating pedagogical
strategies and techniques which meet such
individuals' educational needs;
[(G) be consistent with the State's needs
assessment under subparagraph (C), and describe
how the State will work with teachers,
including teachers in schools receiving
assistance under part A of title I,
administrators, parents, local educational
agencies, schools, educational service
agencies, institutions of higher education, and
nonprofit organizations of demonstrated
effectiveness, to ensure that such individuals
develop the capacity to support sustained and
intensive, high-quality professional
development programs in the core academic
subjects;
[(H) describe how the State requirements for
licensure of teachers and administrators,
including certification and recertification,
support challenging State content standards and
challenging State student performance standards
and whether such requirements are aligned with
such standards;
[(I) address the need for improving teaching
and learning through teacher development
beginning with recruitment, preservice, and
induction, and continuing throughout the
professional teaching career, taking into
account the need, as determined by the State,
for greater access to and participation in the
teaching profession by individuals from
historically underrepresented groups;
[(J) describe how the State will prepare all
teachers to teach children with diverse
learning needs, including children with
disabilities;
[(K) describe how the State will prepare
teachers, and, where appropriate,
paraprofessionals, pupil services personnel,
and other staff in the collaborative skills
needed to appropriately teach children with
disabilities, in the core academic subjects;
[(L) describe how the State will use
technology, including the emerging national
information infrastructure, to enhance the
professional development of teachers, and,
where appropriate, administrators and pupil
services personnel;
[(M) describe how the State will provide
incentives to teachers and administrators to
focus their professional development on
preparing such teachers and administrators to
provide instruction consistent with challenging
State content standards and challenging State
student performance standards;
[(N) set specific performance indicators for
professional development; and
[(O) describe how parents can be involved in
professional development programs to enhance
the participation of parents in the education
of their children.
[(3) Duration of the plan.--Each such State plan
shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(c) Additional Material.--Each State application shall
include--
[(1) a description of how the activities assisted
under this part will be coordinated, as appropriate,
with--
[(A) other activities conducted with Federal
funds, especially activities supported under
part A of title I of this Act and the
Individuals with Disabilities Education Act;
[(B) programs supported by State and local
funds;
[(C) resources from business and industry,
museums, libraries, educational television
stations, and public and private nonprofit
organizations of demonstrated experience; and
[(D) funds received from other Federal
agencies, such as the National Science
Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the
National Endowment for the Arts, the Institute
of Museum and Library Services, and the
National Endowment for the Humanities; and
[(2) a description of the activities to be sponsored
under the State-level activities under section 2207 and
the higher education activities under section 2211.
[(d) Peer Review and Secretarial Approval.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section if such application meets the requirements of
this section and holds reasonable promise of achieving
the purposes of this part.
[(2) Review.--In reviewing applications under this
section, the Secretary shall obtain the advice of non-
Federal experts on education in the core academic
subjects and on teacher education, including teachers
and administrators.
[SEC. 2206. [20 U.S.C. 6646] PRIORITY FOR PROFESSIONAL DEVELOPMENT IN
MATHEMATICS AND SCIENCE.
[(a) Appropriation of Less Than $250,000,000.--In any fiscal
year for which the amount appropriated for this title (other
than part C) is less than $250,000,000, each State shall ensure
that all funds distributed in accordance with section
2203(1)(C) are used for professional development in mathematics
and science.
[(b) Appropriation Equal To or Above $250,000,000.--In any
fiscal year for which the amount appropriated for this title
(other than part C) is equal to or exceeds $250,000,000, each
State and local educational agency shall use for professional
development activities in mathematics and science the amount of
funds that would have been made available to each such agency
in accordance with sections 2202 and 2203 if the amount
appropriated was $250,000,000, consistent with subsection (a),
and are permitted and encouraged to use the amount of funds in
excess of $250,000,000 that is made available in accordance
with sections 2202 and 2203 for professional development
activities in mathematics and science.
[SEC. 2207. [20 U.S.C. 6647] STATE-LEVEL ACTIVITIES.
[Each State may use funds made available under section
2203(1)(A) to carry out activities described in the plan under
section 2205(b), such as--
[(1) reviewing and reforming State requirements for
teacher and administrator licensure, including
certification and recertification, to align such
requirements with the State's challenging State content
standards and ensure that teachers and administrators
have the knowledge and skills necessary to help
students meet challenging State student performance
standards;
[(2) developing performance assessments and peer
review procedures, as well as other methods, for
licensing teachers and administrators;
[(3) providing technical assistance to schools and
local educational agencies, especially schools and
local educational agencies that receive assistance
under part A of title I, to help such schools and
agencies provide effective professional development in
the core academic subjects;
[(4) developing or supporting professional
development networks, either within a State or in a
regional consortium of States, that provide a forum for
interaction among teachers and that allow exchange of
information on advances in content and pedagogy;
[(5) supporting partnerships between schools,
consortia of schools, or local educational agencies and
institutions of higher education, including schools of
education, which encourage--
[(A) teachers to participate in intensive,
ongoing professional development programs, both
academic and pedagogical, at institutions of
higher education; and
[(B) students at institutions of higher
education studying to become teachers to have
direct, practical experience at the schools;
[(6) providing professional development in the
effective use of educational technology as an
instructional tool for increasing student understanding
of the core academic subjects, including efforts to
train teachers in methods of achieving gender equity
both in students' access to computers and other
educational technology and in teaching practices used
in the application of educational technology;
[(7) providing incentives for teachers to be involved
in assessment, curriculum development, and technical
assistance processes for teachers and students;
[(8) providing professional development to enable
teachers, and, where appropriate, pupil services
personnel, and other school staff, to ensure that girls
and young women, minorities, limited English proficient
students, individuals with disabilities, and
economically disadvantaged students have the full
opportunity to achieve challenging State content
standards and challenging State student performance
standards in the core academic subjects by, for
example, encouraging girls and young women and
minorities to pursue advanced courses in mathematics
and science;
[(9) professional development and recruitment
activities designed to increase the numbers of
minorities, individuals with disabilities, and women
teaching in the core academic subjects in which such
individuals are underrepresented;
[(10) providing financial or other incentives for
teachers to become certified by nationally recognized
professional teacher enhancement organizations;
[(11) providing professional development activities
which prepare teachers, and where appropriate, pupil
services personnel, paraprofessionals, and other staff
in the collaborative skills needed to appropriately
teach children with disabilities, in the core academic
subjects;
[(12) identifying, developing, or supporting
professional development strategies to better equip
parents to assist their children in raising their
children's achievement in the core academic subjects;
and
[(13) professional development activities designed to
increase the number of women and other underrepresented
groups in the administration of schools.
[SEC. 2208. [20 U.S.C. 6648] LOCAL PLAN AND APPLICATION FOR IMPROVING
TEACHING AND LEARNING.
[(a) Local Application.--
[(1) In general.--Each local educational agency that
wishes to receive a subgrant under this part shall
submit an application (singly or as a consortium as
described in section 2204) to the State educational
agency at such time as the State educational agency
shall require, but not less frequently than every three
years, that is coordinated with other programs under
this Act, the Goals 2000: Educate America Act, or other
Acts, as appropriate, consistent with the provisions of
section 14306.
[(2) Indicators.--A local educational agency shall
set specific performance indicators for improving
teaching and learning through professional development.
[(b) Needs Assessment.--
[(1) In general.--A local educational agency that
wishes to receive a subgrant under this part shall
include in its application an assessment of local needs
for professional development as identified by the local
educational agency and school staff.
[(2) Requirements.--Such needs assessment shall be
carried out with the involvement of teachers, including
teachers in schools receiving assistance under part A
of title I, and shall take into account what activities
need to be conducted in order to give teachers and,
where appropriate, administrators, the means, including
the knowledge and skills, to provide students with the
opportunity to meet challenging State or local student
performance standards.
[(c) Application Contents.--Each application under this
section shall include the local educational agency's plan for
professional development that--
[(1) focuses on teaching and learning in the core
academic subjects; and
[(2) has been developed with the extensive
participation of administrators, staff, and pupil
services personnel, which teachers shall also be
representative of the grade spans within schools to be
served and of schools which receive assistance under
part A of title I.
[(d) Plan Contents.--
[(1) In general.--Based on the needs assessment
required under subsection (b), the local educational
agency's plan shall--
[(A) include a description of how the plan
contributes to the local educational agency's
overall efforts for school reform and
educational improvement;
[(B) include a description of how the
activities funded under this section will
address the needs of teachers in schools
receiving assistance under part A of title I;
[(C) be aligned with the State's challenging
State content standards and challenging State
student performance standards;
[(D) describe a strategy, tied to challenging
State content standards and challenging State
student performance standards, consistent with
the needs assessment under subsection (b);
[(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
student's performance in the classroom;
[(F) describe how programs in all core
academic subjects, but especially in
mathematics and science, will take into account
the need for greater access to, and
participation in, such disciplines by students
from historically underrepresented groups,
including girls and women, minorities,
individuals with limited English proficiency,
the economically disadvantaged, and individuals
with disabilities, by incorporating pedagogical
strategies and techniques which meet such
individuals' educational need;
[(G) contain an assurance that the activities
conducted with funds received under this part
will be assessed at least every three years
using the performance indicators;
[(H) describe how the program funded under
this part will be coordinated, as appropriate,
with--
[(i) activities conducted under
section 2131 and other services of
institutions of higher education;
[(ii) similar State and local
activities;
[(iii) resources provided under part
A of title I and other provisions of
this Act;
[(iv) resources from business,
industry, public and private nonprofit
organizations (including museums,
libraries, educational television
stations, community-based
organizations, professional
organizations and associations
specializing in, or with a demonstrated
expertise in the core academic
subjects);
[(v) funds or programming from other
Federal agencies, such as the National
Science Foundation, the Department of
Energy, the Department of Health and
Human Services, the Institute of Museum
and Library Services, the National
Endowment for the Humanities, and the
National Endowment for the Arts;
[(vi) services of educational service
agencies; and
[(vii) resources provided under the
Individuals with Disabilities Education
Act;
[(I) identify the sources of funding that
will provide the local educational agency's
contribution under section 2209; and
[(J) describe the professional development
strategies to be employed to more fully and
effectively involve parents in the education of
their children.
[(2) Duration of the plan.--Each local plan described
in subsection (b)(1) shall--
[(A) remain in effect for the duration of the
local educational agency's participation under
this part; and
[(B) be periodically reviewed and revised by
the local educational agency, as necessary, to
reflect changes in the local educational
agency's strategies and programs under this
part.
[SEC. 2209. [20 U.S.C. 6649] LOCAL COST-SHARING.
[(a) In General.--Each local educational agency shall provide
not less than 33 percent of the cost of the activities assisted
under this part, excluding the cost of services provided to
private school teachers.
[(b) Available Resources for Cost-Sharing.--
[(1) In general.--A local educational agency may meet
the requirement of subsection (a) through one or more
of the following:
[(A) Cash expenditures from non-Federal
sources, including private contributions,
directed toward professional development
activities.
[(B) Release time for teachers participating
in professional development assisted under this
part.
[(C) Funds received under one or more of the
following programs, so long as such funds are
used for professional development activities
consistent with this part and the statutes
under which such funds were received, and are
used to benefit students and teachers in
schools that otherwise would have been served
with such funds:
[(i) Helping disadvantaged children
meet high standards under part A of
title I.
[(ii) The Safe and Drug-Free Schools
and Communities program under title IV.
[(iii) Bilingual Education Programs
under part A of title VII.
[(iv) Programs under the Women's
Educational Equity Act of 1994.
[(v) Programs under title III of the
Goals 2000: Educate America Act.
[(vi) Programs that are related to
the purposes of this Act that are
administered by other Federal agencies,
including the National Science
Foundation, the National Endowment for
the Humanities, the National Endowment
for the Arts, the Institute of Museum
and Library Services, and the
Department of Energy.
[(vii) Programs under the Individuals
with Disabilities Education Act.
[(2) Special rule.--A local educational agency may
meet the requirement of subsection (a) through
contributions described in paragraph (1) that are
provided in cash or in kind, fairly evaluated.
[(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a) if
a local educational agency can demonstrate that such agency is
unable to meet the requirements of subsection (a) due to
economic hardship and that compliance with such requirements
would preclude such agency's participation in the program.
[SEC. 2210. [20 U.S.C. 6650] LOCAL ALLOCATION OF FUNDS AND ALLOWABLE
ACTIVITIES.
[(a) Local Allocation of Funds.--Each local educational
agency that receives funds under this part for any fiscal
year--
[(1) shall use not less than 80 percent of such funds
for professional development of teachers, and, where
appropriate, administrators, and, where appropriate,
pupil services personnel, parents, and other staff of
individual schools in a manner that--
[(A) is determined by such teachers and
staff;
[(B) to the extent practicable, takes place
at the individual school site; and
[(C) is consistent with the local educational
agency's application under section 2208, any
school plan under part A of title I, and any
other plan for professional development carried
out with Federal, State, or local funds that
emphasizes sustained, ongoing activities; and
[(2) may use not more than 20 percent of such funds
for school district-level professional development
activities, including, where appropriate, the
participation of administrators, policymakers, and
parents, if such activities directly support
instructional personnel.
[(b) Authorized Activities.--
[(1) In general.--Each local educational agency and
school that receives funds under this part shall use
such funds for activities that give teachers 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) Professional development activities.--
Professional development activities funded under this
part shall--
[(A) be tied to challenging State content
standards or challenging local content
standards, and challenging State student
performance standards or challenging local
student performance standards;
[(B) take into account recent research on
teaching and learning;
[(C) provide professional development which
incorporates effective strategies, techniques,
methods, and practices for meeting the
educational needs of diverse groups of
students, including girls and women,
minorities, individuals with disabilities,
limited English proficient individuals, and
economically disadvantaged individuals;
[(D) include strong academic content and
pedagogical components; and
[(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom.
[(3) Activities.--Funds under this part may be used
for professional development activities such as--
[(A) professional development for teams of
teachers, and, where appropriate,
administrators, pupil services personnel, or
other staff from individual schools, to support
teaching consistent with challenging State
content standards and challenging State student
performance standards;
[(B) support and time, which in the case of
teachers may include release time with pay, for
teachers, and, where appropriate, pupil
services personnel and other school staff to
enable such teachers, personnel, and staff to
participate in professional development in the
core academic subjects that are offered through
professional associations, universities,
community-based organizations, and other
providers, such as educational partnership
organizations, science centers, and museums;
[(C) activities that provide followup for
teachers who have participated in professional
development activities that are designed to
ensure that the knowledge and skills learned by
the teacher are implemented in the classroom;
[(D) support for partnerships between
schools, consortia of schools, or local
educational agencies, and institutions of
higher education, including schools of
education, which partnerships shall encourage--
[(i) teachers to participate in
intensive, ongoing professional
development programs, both academic and
pedagogical, at institutions of higher
education; and
[(ii) students at institutions of
higher education studying to become
teachers to have direct, practical
experience at schools;
[(E) the establishment and maintenance of
local professional networks that provide a
forum for interaction among teachers and that
allow exchange of information on advances in
content and pedagogy;
[(F) preparing teachers in the effective use
of educational technology and assistive
technology as instructional tools for
increasing student understanding of the core
academic subjects;
[(G) professional development to enable
teachers, and, where appropriate, pupil
services personnel and other school staff, to
ensure that girls and young women, minorities,
limited English proficient students,
individuals with disabilities, and the
economically disadvantaged have full
opportunity to achieve the challenging State
content standards and challenging State student
performance standards in the core academic
subjects;
[(H) professional development and recruitment
activities designed--
[(i) to increase the number of
minorities, individuals with
disabilities, and females teaching in
the core academic subjects in which
such individuals are underrepresented;
and
[(ii) to increase the numbers of
women and members of other
underrepresented groups who are science
and mathematics teachers, through such
programs as career ladder programs that
assist educational paraprofessionals to
obtain teaching credentials in the core
academic subjects;
[(I) providing financial or other incentives
for teachers to become certified by nationally
recognized professional teacher enhancement
programs;
[(J) support and time for teachers, and,
where appropriate, pupil services personnel,
and other school staff to learn and implement
effective collaboration for the instruction of
children with disabilities in the core academic
subject areas;
[(K) preparing teachers, and, where
appropriate, pupil services personnel to work
with parents and families on fostering student
achievement in the core academic subjects;
[(L) professional development activities and
other support for new teachers as such teachers
move into the classroom to provide such
teachers with practical support and to increase
the retention of such teachers;
[(M) professional development for teachers,
parents, early childhood educators,
administrators, and other staff to support
activities and services related to preschool
transition programs to raise student
performance in the core academic subjects;
[(N) professional development activities to
train teachers in innovative instructional
methodologies designed to meet the diverse
learning needs of individual students,
including methodologies which integrate
academic and vocational learning and applied
learning, interactive and interdisciplinary
team teaching, and other alternative teaching
strategies such as service learning,
experiential learning, career-related
education, and environmental education, that
integrate real world applications into the core
academic subjects;
[(O) developing professional development
strategies and programs to more effectively
involve parents in helping their children
achieve in the core academic subjects;
[(P) professional development activities
designed to increase the number of women and
other underrepresented groups in the
administration of schools; and
[(Q) release time with pay for teachers.
[SEC. 2211. [20 U.S.C. 6651] HIGHER EDUCATION ACTIVITIES.
[(a) Activities.--
[(1) In general.--From amounts made available under
section 2203(2), the State agency for higher education,
working in conjunction with the State educational
agency (if such agencies are separate), shall make
grants to, or enter into contracts or cooperative
agreements with, institutions of higher education and
nonprofit organizations of demonstrated effectiveness,
including museums and educational partnership
organizations, which must work in conjunction with a
local educational agency, consortium of local
educational agencies, or schools, for--
[(A) professional development activities in
the core academic subjects that contribute to
the State plan for professional development;
[(B) developing and providing assistance to
local educational agencies, and the teachers
and staff of each such agency, for sustained,
high-quality professional development
activities; and
[(C) improving teacher education programs in
order to promote further innovation in teacher
education programs within an institution of
higher education and to better meet the needs
of the local educational agencies for well-
prepared teachers.
[(2) Competitive basis.--Each grant, contract, or
cooperative agreement described in paragraph (1) shall
be awarded on a competitive basis.
[(3) Special rule.--No institution of higher
education may receive assistance under (a)(1) of this
subsection unless the institution enters into an
agreement with a local educational agency, or
consortium of such agencies, to provide sustained,
high-quality professional development for the
elementary and secondary school teachers in the schools
of each such agency.
[(4) Joint efforts.--Each activity assisted under
this section, where applicable, shall involve the joint
effort of the institution of higher education's school
or department of education, if any, and the schools or
departments in the specific disciplines in which such
professional development will be provided.
[(b) Allowable Activities.--A recipient of funds under this
section shall use such funds for--
[(1) sustained and intensive high-quality
professional development for teams of teachers, or
teachers, and, where appropriate, pupil services
personnel and administrators from individual schools or
school districts;
[(2) other sustained and intensive professional
development activities related to achievement of the
State plan for professional development; and
[(3) preservice training activities.
[(c) Partnerships.--Each institution of higher education
receiving a grant under this section may also enter into a
partnership with a private industry, museum, library,
educational television station, or public or private nonprofit
organization of demonstrated experience to carry out
professional development activities assisted under this
section.]
TITLE II--TEACHER QUALITY
PART A--TEACHER EMPOWERMENT
SEC. 2001. PURPOSE.
The purpose of this part is to provide grants to States and
local educational agencies, in order to assist their efforts to
increase student academic achievement and student performance
through such strategies as improving teacher quality.
Subpart 1--Grants to States
SEC. 2011. FORMULA GRANTS TO STATES.
(a) In General.--In the case of each State that, in
accordance with section 2014, submits to the Secretary and
obtains approval of an application for a fiscal year, the
Secretary shall make a grant for the year to the State for the
uses specified in section 2012. The grant shall consist of the
allotment determined for the State under subsection (b).
(b) Determination of Amount of Allotment.--
(1) Reservation of funds.--
(A) In general.--From the total amount made
available to carry out this subpart for any
fiscal year, the Secretary shall reserve--
(i) \1/2\ of 1 percent for allotments
for the United States Virgin Islands,
Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands, to be distributed among those
outlying areas on the basis of their
relative need, as determined by the
Secretary in accordance with the
purpose of this part; and
(ii) \1/2\ of 1 percent for the
Secretary of the Interior for programs
under this part for professional
development activities for teachers and
other staff in schools operated or
funded by the Bureau of Indian Affairs.
(B) Limitation.--In reserving an amount for
the purposes described in clauses (i) and (ii)
of subparagraph (A) for a fiscal year, the
Secretary shall not reserve more than the total
amount the outlying areas and the schools
operated or funded by the Bureau of Indian
Affairs received under the authorities
described in paragraph (2)(A)(i) for fiscal
year 2000.
(2) State allotments.--
(A) Hold harmless.--
(i) In general.--Subject to
subparagraph (B), from the total amount
made available to carry outthis subpart
for any fiscal year and not reserved under paragraph (1), the Secretary
shall allot to each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico an amount equal to the total amount that
such State received for fiscal year 2000 under--
(I) section 2202(b) of this
Act (as in effect on the day
before the date of enactment of
the Educational Opportunities
Act); and
(II) section 310 of the
Department of Education
Appropriations Act, 2000 (as
enacted by section 1000(a)(4)
of division B of Public Law
106-113).
(ii) Ratable reduction.--If the total
amount made available to carry outthis
subpart for any fiscal year and not reserved under paragraph (1) is
insufficient to pay the full amounts that all States are eligible to
receive under clause (i) for any fiscal year, the Secretary shall
ratably reduce such amounts for such fiscal year.
(B) Allotment of additional funds.--
(i) In general.--Subject to clause
(ii), for any fiscal year for which the
total amount made available to carry
out this subpart and not reserved under
paragraph (1) exceeds the total amount
made available to the 50 States, the
District of Columbia, and the
Commonwealth of Puerto Rico for fiscal
year 2000 under the authorities
described in subparagraph (A)(i), the
Secretary shall allot to each of those
States the sum of--
(I) an amount that bears the
same relationship to 50 percent
of the excess amount as the
number of individuals age 5
through 17 in the State, as
determined by the Secretary on
the basis of the most recent
satisfactory data, bears to the
number of those individuals in
all such States, as so
determined; and
(II) an amount that bears the
same relationship to 50 percent
of the excess amount as the
number of individuals age 5
through 17 from families with
incomes below the poverty line
in the State, as determined by
the Secretary on the basis of
the most recent satisfactory
data, bears to the number of
those individuals in all such
States, as so determined.
(ii) Exception.--No State receiving
an allotment under clause (i) may
receive less than \1/2\ of 1 percent of
the total excess amount allotted under
clause (i) for a fiscal year.
(3) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year,
the Secretary shall reallot such amount to the
remaining States in accordance with this subsection.
SEC. 2012. ALLOCATIONS WITHIN STATES.
(a) Use of Funds.--Each State receiving a grant under this
subpart shall use the funds provided under the grant in
accordance with this section to carry out activities for the
improvement of teaching and learning.
(b) Required and Authorized Expenditures.--
(1) Required expenditures.--The Secretary may make a
grant to a State under this subpart only if the State
agrees to expend not less than 90 percent of the amount
of the funds provided under the grant for the purpose
of making subgrants to local educational agencies and
eligible partnerships (as defined in section 2021(e)),
in accordance with subsection (c).
(2) Authorized expenditures.--A State that receives a
grant under this subpart may expend a portion equal to
not more than 10 percent of the amount of the funds
provided under the grant for 1 or more of the
authorized State activities described in section 2013
or to make grants to eligible partnerships to enable
the partnerships to carry out subpart 2 (but not more
than 5 percent of such portion may be used for planning
and administration related to carrying out such
purpose).
(c) Distribution of Subgrants to Local Educational Agencies
and Eligible Partnerships.--
(1) Allocations to local educational agencies.--
(A) In general.--A State receiving a grant
under this subpart shall distribute a portion
equal to 95 percent of the amount described in
subsection (b)(1) by allocating to each
eligible local educational agency the sum of--
(i) an amount that bears the same
relationship to 25 percent of the
portion as the number of individuals
enrolled in public and private
nonprofit elementary schools and
secondary schools in the geographic
area served by the agency bears to the
number of those individuals in the
geographic areas served by all the
local educational agencies in the
State; and
(ii) an amount that bears the same
relationship to 75 percent of the
portion as the number of individuals
age 5 through 17 from families with
incomes below the poverty line, in the
geographic area served by the agency,
as determined by theSecretary on the
basis of the most recent satisfactory data, bears to the number of
those individuals in the geographic areas served by all the local
educational agencies in the State, as so determined.
(B) Use of funds.--The State shall make
subgrants to local educational agencies from
allocations made under this paragraph to enable
the agencies to carry out subpart 3.
(2) Competitive subgrants to eligible partnerships.--
(A) Competitive process.--A State receiving a
grant under this subpart shall transfer a
portion equal to 5 percent of the amount
described in subsection (b)(1) to the State
agency for higher education, which shall
distribute the portion through a competitive
process.
(B) Participants.--The competitive process
carried out under subparagraph (A) shall be
open to eligible partnerships (as defined in
section 2021(e)).
(C) Use of funds.--In distributing funds
under this paragraph, the State agency for
higher education shall make subgrants to the
eligible partnerships to enable the
partnerships to carry out subpart 2 (but not
more than 5 percent of the funds made available
to the eligible partnerships through the
subgrants may be used for planning and
administration related to carrying out such
purpose).
SEC. 2013. STATE USE OF FUNDS.
(a) Authorized State Activities.--The authorized State
activities referred to in section 2012(b)(2) are the following:
(1) Reforming teacher certification (including
recertification) or licensing requirements to ensure
that--
(A) teachers have the necessary teaching
skills and academic content knowledge in the
academic subjects in which the teachers are
assigned to teach;
(B) the requirements are aligned with the
State's challenging State content standards;
and
(C) teachers have the knowledge and skills
necessary to help students meet challenging
State student performance standards.
(2) Carrying out programs that--
(A) include support during the initial
teaching experience, such as mentoring
programs; and
(B) establish, expand, or improve alternative
routes to State certification of teachers for
highly qualified individuals with a
baccalaureate degree, including mid-career
professionals from other occupations,
paraprofessionals, former military personnel,
and recent college or university graduates with
records of academic distinction who demonstrate
the potential to become highly effective
teachers.
(3) Developing and implementing effective mechanisms
to assist local educational agencies and schools in
effectively recruiting and retaining highly qualified
and effective teachers and principals.
(4) Developing or improving systems of performance
measures to evaluate the effectiveness of professional
development programs and activities in improving
teacher quality, skills, and content knowledge, and
increasing student academic achievement and student
performance.
(5) Developing or improving systems to evaluate the
impact of teachers on student academic achievement and
student performance.
(6) Providing technical assistance to local
educational agencies consistent with this part.
(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States, except that no reciprocity agreement developed
under this paragraph or developed using funds provided
under this part may lead to the weakening of any State
teaching certification or licensing requirement.
(8) Developing or assisting local educational
agencies or eligible partnerships (as defined in
section 2021(e)) in the development and utilization of
proven, innovative strategies to deliver intensive
professional development programs and activities that
are both cost-effective and easily accessible, such as
through the use of technology and distance learning.
(9) Supporting activities to encourage and support
teachers seeking national board certification from the
National Board for Professional Teaching Standards or
other recognized entities.
(10) Providing professional development activities
involving training in advanced placement instruction.
(b) Coordination.--A State that receives a grant to carry out
this subpart and a grant under section 202of the Higher
Education Act of 1965 shall coordinate the activities carried out under
this section and the activities carried out under that section 202.
SEC. 2014. APPLICATIONS BY STATES.
(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require.
(b) Contents.--Each application submitted under this section
shall include the following:
(1) A description of how the State will ensure that a
local educational agency receiving a subgrant to carry
out subpart 3 will comply with the requirements of such
subpart.
(2)(A) An assurance that the State will measure the
annual progress of the local educational agencies and
schools in the State with respect to--
(i) improving student academic achievement
and student performance, in accordance with
content standards and student performance
standards established under part A of title I;
(ii) closing academic achievement gaps,
reflected in disaggregated data described in
section 1111(b)(3)(I), between minority and
non-minority groups and low-income and non-low-
income groups; and
(iii) improving performance on other specific
indicators for professional development, such
as increasing the percentage of classes in core
academic subjects that are taught by highly
qualified teachers.
(B) An assurance that the State will require each
local educational agency and school in the State
receiving funds under this part to publicly report
information on the agency's or school's annual
progress, measured as described in subparagraph (A).
(3) A description of how the State will hold the
local educational agencies and schools accountable for
making annual progress as described in paragraph (2),
subject to part A of title I.
(4)(A) A description of how the State will coordinate
professional development activities authorized under
this part with professional development activities
provided under other Federal, State, and local
programs, including those authorized under--
(i) titles I and IV, part A of title V, and
part A of title VII; and
(ii) where applicable, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
and title II of the Higher Education Act of
1965.
(B) A description of the comprehensive strategy that
the State will use as part of the effort to carry out
the coordination, to ensure that teachers,
paraprofessionals, and principals are trained in the
utilization of technology so that technology and
technology applications are effectively used in the
classroom to improve teaching and learning in all
curriculum areas and academic subjects, as appropriate.
(5) A description of how the State will encourage the
development of proven, innovative strategies to deliver
intensive professional development programs that are
both cost-effective and easily accessible, such as
through the use of technology and distance learning.
(6) A description of how the activities to be carried
out by the State under this subpart will be based on a
review of relevant research and an explanation of why
the activities are expected to improve student
performance and outcomes.
(c) Application Submission.--A State application submitted to
the Secretary under this section shall be approved by the
Secretary unless the Secretary makes a written determination,
within 90 days after receiving the application, that the
application is in violation of the provisions of this Act.
Subpart 2--Subgrants to Eligible Partnerships
SEC. 2021. PARTNERSHIP GRANTS.
(a) In General.--From the portion described in section
2012(c)(2)(A), the State agency for higher education, working
in conjunction with the State educational agency (if such
agencies are separate), shall award subgrants on a competitive
basis under section 2012(c) to eligible partnerships to enable
such partnerships to carry out activities described in
subsection (b). The State agency for higher education shall
ensure that such subgrants shall be equitably distributed by
geographic area within the State, or ensure that eligible
partnerships in all geographic areas within the State are
served through the grants.
(b) Use of Funds.--An eligible partnership that receives
funds under section 2012 shall use the funds for--
(1) professional development activities in core
academic subjects to ensure that
teachers,paraprofessionals, and, if appropriate, principals have
content knowledge in the academic subjects that the teachers teach; and
(2) developing and providing assistance to local
educational agencies and individuals who are teachers,
paraprofessionals or principals of public and private
schools served by each such agency, for sustained,
high-quality professional development activities that--
(A) ensure that the agencies and individuals
are able to use State content standards,
performance standards, and assessments to
improve instructional practices and improve
student academic achievement and student
performance; and
(B) may include intensive programs designed
to prepare such individuals who will return to
a school to provide such instruction to other
such individuals within such school.
(c) Special Rule.--No single participant in an eligible
partnership may use more than 50 percent of the funds made
available to the partnership under section 2012.
(d) Coordination.--An eligible partnership that receives a
grant to carry out this subpart and a grant under section 203
of the Higher Education Act of 1965 shall coordinate the
activities carried out under this section and the activities
carried out under that section 203.
(e) Eligible Partnership.--In this section, the term
``eligible partnership'' means an entity that--
(1) shall include--
(A) a private or State institution of higher
education and the division of the institution
that prepares teachers;
(B) a school of arts and sciences; and
(C) a high need local educational agency; and
(2) may include other local educational agencies, a
public charter school, a public or private elementary
school or secondary school, an educational service
agency, a public or private nonprofit educational
organization, other institutions of higher education, a
school of arts and sciences within such an institution,
the division of such an institution that prepares
teachers, a nonprofit cultural organization, an entity
carrying out a prekindergarten program, a teacher
organization, or a business.
Subpart 3--Subgrants to Local Educational Agencies
SEC. 2031. LOCAL USE OF FUNDS.
(a) Required Activities.--
(1) In general.--Each local educational agency that
receives a subgrant to carry out this subpart shall use
the subgrant to carry out the activities described in
this subsection.
(2) Required professional development activities.--
(A) Mathematics and science.--
(i) In general.--Each local
educational agency that receives a
subgrant to carry out this subpart
shall use a portion of the funds made
available through the subgrant for
professional development activities in
mathematics and science in accordance
with section 2032.
(ii) Grandfather of old waivers.--A
waiver provided to a local educational
agency under part D of title XIV prior
to the date of enactment of the
Educational Opportunities Act shall be
deemed to be in effect until such time
as the waiver otherwise would have
ceased to be effective.
(B) Professional development activities.--
Each local educational agency that receives a
subgrant to carry out this subpart shall use a
portion of the funds made available through the
subgrant for professional development
activities that give teachers,
paraprofessionals, and principals the knowledge
and skills to provide students with the
opportunity to meet challenging State or local
content standards and student performance
standards. Such activities shall be consistent
with section 2032.
(b) Allowable Activities.--Each local educational agency that
receives a subgrant to carry out this subpart may use the funds
made available through the subgrant to carry out the following
activities:
(1) Recruiting and hiring certified or licensed
teachers, including teachers certified through State
and local alternative routes, in order to reduce class
size, or hiring special education teachers.
(2) Initiatives to assist in recruitment of highly
qualified teachers who will be assigned teaching
positions within their fields, including--
(A) providing signing bonuses or other
financial incentives, such as differential pay,
for teachers to teach in academic subjects in
whichthere exists a shortage of such teachers
within a school or the area served by the local educational agency;
(B) establishing programs that--
(i) recruit professionals from other
fields and provide such professionals
with alternative routes to teacher
certification; and
(ii) provide increased opportunities
for minorities, individuals with
disabilities, and other individuals
underrepresented in the teaching
profession; and
(C) implementing hiring policies that ensure
comprehensive recruitment efforts as a way to
expand the applicant pool of teachers, such as
identifying teachers certified through
alternative routes, and by implementing a
system of intensive screening designed to hire
the most qualified applicants.
(3) Initiatives to promote retention of highly
qualified teachers and principals, including--
(A) programs that provide mentoring to newly
hired teachers, such as mentoring from master
teachers, and to newly hired principals; and
(B) programs that provide other incentives,
including financial incentives, to retain
teachers who have a record of success in
helping low-achieving students improve their
academic success.
(4) Programs and activities that are designed to
improve the quality of the teacher force, and the
abilities of paraprofessionals and principals, such
as--
(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education),
including programs that train teachers,
paraprofessionals, and principals to utilize
technology to improve teaching and learning,
that are consistent with the requirements of
section 2032;
(B) development and utilization of proven,
cost-effective strategies for the
implementation of professional development
activities, such as through the utilization of
technology and distance learning;
(C) professional development programs that
provide instruction in how to teach children
with different learning styles, particularly
children with disabilities and children with
special learning needs (including children who
are gifted and talented); and
(D) professional development programs that
provide instruction in how best to discipline
children in the classroom and identify early
and appropriate interventions to help children
described in subparagraph (C) to learn.
(5) Activities that provide teacher opportunity
payments, consistent with section 2033.
SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
(a) Limitation Relating to Curriculum and Academic
Subjects.--
(1) In general.--Except as provided in paragraph (2),
funds made available to carry out this subpart may be
provided for a teacher, paraprofessional, or principal,
and a professional development activity, only if the
activity is--
(A) directly related to the curriculum and
academic subjects in which a teacher provides
instruction; or
(B) designed to enhance the ability of a
teacher, paraprofessional, or principal to
understand and use State standards for the
academic subjects in which a teacher provides
instruction.
(2) Exception.--Paragraph (1) shall not be construed
to prohibit the use of the funds for professional
development activities that provide instruction
described in subparagraphs (C) and (D) of section
2031(b)(4).
(b) Other Requirements.--Professional development activities
provided under this subpart--
(1) shall be tied to challenging State or local
content standards and student performance standards;
(2) shall be tied to strategies and programs that
demonstrate effectiveness in increasing student
academic achievement and student performance, or
substantially increasing the knowledge and teaching
skills of the teachers participating in the activities;
(3) in the case of activities for teachers, shall be
of sufficient intensity and duration to have a positive
and lasting impact on the performance of a teacher in
the classroom (which shall not include 1-day or short-
term workshops and conferences), except that this
paragraph shall not apply to an activity if such
activity is 1 component described in a long-term
comprehensive professional development plan established
by the teacher and the teacher's supervisor based upon
an assessment of the needs ofthe teacher, the students
of the teacher, and the local educational agency involved; and
(4) shall be developed with extensive participation
of teachers, paraprofessionals, and principals of
schools to be served under this part.
(c) Accountability and Required Payments.--
(1) In general.--If, at the end of any fiscal year, a
State determines that a local educational agency has
failed to make progress in accordance with section
2014(b)(2) during the fiscal year, the State shall
notify the local educational agency that the agency
shall be subject to the requirement of paragraph (3).
(2) Technical assistance.--A local educational agency
that receives notification pursuant to paragraph (1)
may request technical assistance from the State in
order to provide the opportunity for such local
educational agency to make progress in accordance with
section 2014(b)(2).
(3) Requirement to provide teacher opportunity
payments.--
(A) In general.--A local educational agency
that receives notification pursuant to
paragraph (1) with respect to any 2 consecutive
fiscal years shall expend under section 2033
for the succeeding fiscal year a proportion of
the funds made available to the agency to carry
out this subpart equal to the proportion of
such funds expended by the agency for
professional development activities for the
second fiscal year for which the agency
received the notification.
(B) Requests.--On request by a group of
teachers in schools served by the local
educational agency, the agency shall use a
portion of the funds provided to the agency to
carry out this subpart, to provide payments in
accordance with section 2033.
(4) Special rule.--
(A) Subsequent years of progress.--A local
educational agency that receives notification
from the State pursuant to paragraph (1) with
respect to a fiscal year and makes progress in
accordance with section 2014(b)(2) for at least
the 2 subsequent years shall not be required to
provide payments in accordance with section
2033 for the next subsequent year.
(B) Subsequent years without progress.--A
local educational agency that receives
notification from the State pursuant to
paragraph (1) with respect to a fiscal year and
fails to make progress in accordance with
section 2014(b)(2) for at least the 2
subsequent fiscal years shall request the
technical assistance described in paragraph (2)
from the State for the next subsequent year.
(d) Definition.--In this section, the term ``professional
development activity'' means an activity described in
subsection (a)(2) or (b)(4) of section 2031.
SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.
(a) In General.--A local educational agency receiving funds
to carry out this subpart may (or in the case of section
2032(c)(3), shall) provide payments directly to a teacher or a
group of teachers seeking opportunities to participate in a
professional development activity of their choice that meets
the criteria set forth in subsections (a) and (b) of section
2032.
(b) Notice to Teachers.--Each local educational agency
distributing payments under this section--
(1) shall establish and implement a timely process
through which proper notice of availability of the
payments will be given to all teachers in schools
served by the agency; and
(2) shall develop a process through which teachers
will be specifically recommended by principals to
participate in such opportunities by virtue of--
(A) the teachers' lack of full certification
or licensing to teach the academic subjects in
which the teachers teach; or
(B) the teachers' need for additional
assistance to ensure that their students make
progress toward meeting challenging State
content standards and student performance
standards.
(c) Selection of Teachers.--In the event adequate funding is
not available to provide payments under this section to all
teachers seeking such payments, or recommended under subsection
(b)(2), a local educational agency shall establish procedures
for selecting teachers for the payments, which shall provide
priority for those teachers recommended under subsection
(b)(2).
(d) Eligible Activity.--A teacher receiving a payment under
this section shall have the choice of attending any
professional development activity that meets the criteria set
forth in subsections (a) and (b) of section 2032, as determined
by the State involved.
SEC. 2034. LOCAL APPLICATIONS.
(a) In General.--A local educational agency seeking to
receive a subgrant from a State to carry out thissubpart shall
submit an application to the State at such time as the State shall
require.
(b) Local Application Contents.--The local application
described in subsection (a) shall include, at a minimum, the
following:
(1) A description of how the local educational agency
intends to use funds provided to carry out this
subpart.
(2) An assurance that the local educational agency
will target funds to schools served by the local
educational agency that--
(A) have the lowest proportions of highly
qualified teachers;
(B) are identified for school improvement
under section 1116(c); or
(C) are identified for school improvement in
accordance with other measures of school
quality as determined and documented by the
local educational agency.
(3) A description of how the local educational agency
will coordinate professional development activities
authorized under this subpart with professional
development activities provided through other Federal,
State, and local programs, including those authorized
under--
(A) titles I and IV, part A of title V, and
part A of title VII; and
(B) where applicable, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
and title II of the Higher Education Act of
1965.
(4) A description of how the local educational agency
will integrate funds received to carry out this subpart
with funds received under part A of title V that are
used for professional development to train teachers,
paraprofessionals, and principals in how to use
technology to improve learning and teaching.
(5) A description of how the local educational agency
has collaborated with teachers, paraprofessionals,
principals, and parents in the preparation of the
application.
(6) A description of how the activities to be carried
out by the local educational agency under this subpart
will be based on a review of relevant research and an
explanation of why the activities are expected to
improve student performance and outcomes.
Subpart 4--National Activities
SEC. 2041. ALTERNATIVE ROUTES TO TEACHING AND PROMOTING EXCELLENCE IN
TEACHING.
(a) Teacher Excellence Academies.--
(1) In general.--The Secretary may award grants on a
competitive basis to eligible consortia to carry out
activities described in this subsection.
(2) Use of funds.--
(A) In general.--An eligible consortium
receiving funds under this subsection shall use
the funds to pay the costs associated with the
establishment or expansion of a teacher
academy, in an elementary school or secondary
school facility, that carries out--
(i) the activities promoting
alternative routes to teacher
certification specified in subparagraph
(B); or
(ii) the model professional
development activities specified in
subparagraph (C).
(B) Promoting alternative routes to teacher
certification.--The activities promoting
alternative routes to teacher certification
shall, to the extent practicable, provide
opportunities for highly qualified individuals
with a baccalaureate degree (including mid-
career professionals from other occupations,
paraprofessionals, former military personnel,
and recent college or university graduates with
records of academic distinction) to enter the
teaching field, through activities such as--
(i) providing stipends, in exchange
for fulfillment of a reasonable service
requirement, to the highly qualified
individuals, to permit the individuals
to fill teaching needs in academic
subjects in which there is a
demonstrated shortage of teachers;
(ii) providing for the recruitment
and hiring of master teachers to mentor
and train student teachers within such
academies; or
(iii) carrying out other activities
that promote and strengthen alternative
routes to teacher certification.
(C) Model professional development.--The
model professional development activities shall
be activities providing ongoing professional
development opportunities for teachers, such
as--
(i) innovative programs and model
curricula in the area of professional
development, which may serve as models
to be disseminated to other schools and
local educational agencies; and
(ii) the development of innovative
techniques for evaluating the
effectiveness of professional
development programs.
(3) Grant for special consortium.--In making grants
under this subsection, the Secretary shall award not
less than 1 grant to an eligible consortium that--
(A) includes a high need local educational
agency located in a rural area; and
(B) proposes activities that involve the
extensive use of distance learning in order to
provide the applicable course work to student
teachers.
(4) Special rule.--No single participant in an
eligible consortium may use more than 50 percent of the
funds made available to the consortium under this
subsection.
(5) Application.--To be eligible to receive a grant
under this subsection, an eligible consortium shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the
Secretary may reasonably require.
(6) Eligible consortium.--In this subsection, the
term ``eligible consortium'' means a consortium for a
State that--
(A) shall include--
(i) the State agency responsible for
certifying or licensing teachers;
(ii) not less than 1 high need local
educational agency;
(iii) a school of arts and sciences;
and
(iv) an institution that prepares
teachers; and
(B) may include local educational agencies,
public charter schools, public or private
elementary schools or secondary schools,
educational service agencies, public or private
nonprofit educational organizations, museums,
or businesses.
(b) National Board for Professional Teaching Standards.--
(1) National board certification.--The Secretary may
award grants to the National Board for Professional
Teaching Standards to enable the Board to complete a
system of national board certification. The Secretary
may award grants for fiscal year 2001.
(2) Advanced certification or credentialing.--The
Secretary may support activities to encourage and
support teachers seeking advanced certification or
advanced credentialing through high quality
professional teacher enhancement programs designed to
improve teaching and learning.
(c) Teacher Training in Mathematics and Science.--
(1) In general.--The Secretary may award grants, on a
competitive basis, to eligible entities to support and
promote the establishment of teacher training programs
relating to the core subject areas of mathematics and
science.
(2) Use of funds.--The programs shall include teacher
training with respect to the establishment of mentoring
programs, model programs, or other programs, that
encourage students, including young women, to pursue
demanding careers and postsecondary degrees in
mathematics and science, including engineering and
technology.
(3) Development.--In carrying out a teacher training
program under this section, the eligible entity may
carry out a program jointly developed by the entity and
by a business, an industry, or an institution of higher
education.
(4) Application.--To be eligible to receive a grant
under this subsection, an entity shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
(d) Eisenhower National Clearinghouse for Mathematics and
Science Education.--
(1) In general.--The Secretary may award a grant or
contract, in consultation with the Director of the
National Science Foundation, to an entity to continue
the Eisenhower National Clearinghouse for Mathematics
and Science Education (referred to in this subsection
as the `Clearinghouse').
(2) Use of funds.--
(A) In general.--The Clearinghouse may use
the funds made available through the grant or
contract to carry out the functions of the
Clearinghouse, as of the date of enactment of
the Educational Opportunities Act.
(B) Language arts; social studies.--The
Clearinghouse may also use the funds to provide
information and resources in the areas of
language arts and social studies.
(C) Qualitative and evaluative materials and
programs.--The Clearinghouse may also use the
funds to collect (in consultation with the
Secretary, national teacher associations,
professional associations, and other reviewers
and developers of educational materials and
programs) qualitative and evaluative materials
and programs for the Clearinghouse, review the
evaluation of the materials and programs, rank
the effectiveness of the materials and programs
on the basis of the evaluations, and distribute
the results of the reviews to teachers in an
easily accessible manner. Nothing in this
subparagraph shall be construed to permit the
Clearinghouse to directly conduct an evaluation
of the qualitative and evaluative materials or
programs.
(e) Troops-to-Teachers Program.--
(1) Purpose.--The purpose of this subsection is to
authorize a mechanism for the funding and
administration of the Troops-to-Teachers Program
established by the Troops-to-Teachers Program Act of
1999 (title XVII of the National Defense Authorization
Act for Fiscal Year 2000).
(2) Transfer of funds for administration of
program.--To the extent that funds are made available
under this Act for the Troops-to-Teachers Program, the
Secretary of Education shall use the funds to enter
into a contract with the Defense Activity for Non-
Traditional Education Support of the Department of
Defense. The Defense Activity shall use the amounts
made available through the contract to perform the
actual administration of the Troops-to-Teachers
Program, including the selection of participants in the
Program under section 1704 of the Troops-to-Teachers
Program Act of 1999. The Secretary of Education may
retain a portion of the funds to identify local
educational agencies with concentrations of children
from low-income families or with teacher shortages and
States with alternative certification or licensure
requirements, as required by section 1702 of such Act.
Subpart 5--Funding
SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2001.--There are authorized to be
appropriated to carry out this part $2,000,000,000 for fiscal
year 2001, of which $40,000,000 shall be available to carry out
subpart 4.
(b) Other Fiscal Years.--There are authorized to be
appropriated to carry out this part such sums as may be
necessary for each of fiscal years 2002 through 2005.
Subpart 6--General Provisions
SEC. 2061. DEFINITIONS.
In this part:
(1) Arts and sciences.--The term ``arts and
sciences'' has the meaning given the term in section
201(b) of the Higher Education Act of 1965.
(2) Core academic subjects.--The term ``core academic
subjects'' means those subjects listed under the third
of the America's Education Goals.
(3) Highly qualified.--The term ``highly qualified''
means--
(A) with respect to an elementary school
teacher, a teacher--
(i) with an academic major in the
arts and sciences; or
(ii) who can demonstrate competence
through a high level of performance in
core academic subjects; and
(B) with respect to a secondary school
teacher, a teacher--
(i) with an academic major in the
academic subject in which the teacher
teaches or in a related field;
(ii) who can demonstrate a high level
of competence through rigorous academic
subject tests; or
(iii) who can demonstrate competence
through a high level of performance in
relevant content areas.
(4) High need local educational agency.--The term
``high need local educational agency'' has the meaning
given the term in section 201(b) of the Higher
Education Act of 1965.
(5) Out-of-field teacher.--The term ``out-of-field
teacher'' means a teacher--
(A) teaching an academic subject for which
the teacher is not highly qualified, as
determined by the State involved; or
(B) who did not receive a degree from an
institution of higher education with a major or
minor in the field in which the teacher
teaches.
(6) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office ofManagement
and Budget and revised annually in accordance with section 673(2) of
the Community Services Block Grant Act) applicable to a family of the
size involved.
(7) State.--The term ``State'', used with respect to
an individual, entity, or agency, means--
(A) except as provided in subparagraph (B),
the Governor of a State (as defined in section
3); or
(B) in the case of a State (as so defined)
for which the constitution or law of the State
designates another individual, entity, or
agency in the State to be responsible for
elementary and secondary education programs,
such individual, entity, or agency.
PART B--LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM
SEC. 2201. LEADERSHIP PROGRAMS.
(a) Definition.--In this section, the term ``school leader''
means an elementary school or secondary school superintendent,
principal, assistant principal, or teacher, or another
individual in a management or leadership position with a State
or region of a State whose work directly impacts teaching and
learning relating to elementary or secondary education.
(b) Grants.--The Secretary shall award grants to eligible
entities (including State educational agencies, institutions of
higher education, local educational agencies, and nonprofit
educational organizations) and consortia of such entities to
enable such entities or consortia to pay for the Federal share
of the cost of providing professional development services for
school leaders to develop or enhance the leadership skills of
the school leaders. In providing the services, the entities and
consortia shall work in cooperation with school leaders and
other appropriate individuals.
(c) Award Basis.--The Secretary shall award a grant under
this section to an eligible entity or consortium on the basis
of criteria that include--
(1) the quality of the proposed use of the grant
funds;
(2) the educational need of the State, community, or
region to be served under the grant; and
(3) the need for equitable distribution of the grants
among urban and rural communities and school districts,
and equitable geographic representation of regions of
the United States.
(d) Application.--To be eligible to receive a grant under
this section, an eligible entity or consortium shall prepare
and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, including an assurance that school leaders were
involved in developing the application and determining the
proposed use of the grant funds.
(e) Use of Funds.--
(1) In general.--An eligible entity or consortium
that receives a grant under this section shall use
funds received through the grant to provide assistance
for training, education, and other activities to
increase the leadership and other skills of school
leaders.
(2) Specific activities.--In order to improve the
quality of education delivered to the children in the
State, community, or region in which the entity or
consortium is located, the entity or consortium shall
use the funds received through the grant for activities
that include--
(A) providing school leaders with effective
leadership, management, and instructional
skills and practices;
(B) enhancing and developing the school
management and business skills of school
leaders;
(C) improving the understanding of school
leaders of the effective use of educational
technology;
(D) improving the knowledge of school leaders
regarding challenging State content and
performance standards;
(E) encouraging highly qualified individuals
to become school leaders and developing and
enhancing the instructional, leadership, school
management, parent and community involvement,
mentoring, and staff evaluation skills of
school leaders; and
(F) establishing sustained and rigorous
support for mentorships and for developing a
network of school leaders within the State with
the goal of strengthening and improving the
leadership of school leaders.
(f) Federal Share.--
(1) In general.--The Federal share of the cost
described in subsection (b) shall be not more than 80
percent.
(2) Non-federal share.--An entity or consortium may
provide the non-Federal share of the cost in cash or in
kind, fairly evaluated, including plant, equipment, or
services.
(3) Waivers.--The Secretary may grant waivers of
paragraph (1) for entities or consortia serving low-
income areas, as determined by the Secretary.
(g) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $100,000,000 for
fiscal year 2001 and such sums as may be necessary for the 4
subsequent fiscal years.
[PART C--READING AND LITERACY GRANTS]
PART C_READING EXCELLENCE ACT
* * * * * * *
SEC. 2260. [20 U.S.C. 6661 I] AUTHORIZATIONS OF APPROPRIATIONS;
RESERVATIONS FROM APPROPRIATIONS; SUNSET.
(a) Authorizations.--
(1) FY 1999.--
* * * * * * *
(3) Fiscal years 2001 through 2004.--There are
authorized to be appropriated to carry out this part
$280,000,000 for fiscal year 2001 and such sums as may
be necessary for the 4 subsequent fiscal years.
* * * * * * *
SEC. 2261. SHORT TITLE.
This part may be cited as the ``Reading Excellence Act''.
* * * * * * *
[PART D--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT
[SEC. 2301. [20 U.S.C. 6671] FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) underlying the standards-driven framework of the
Goals 2000: Educate America Act and the high academic
standards for eligible students under title I is a
widespread need to prepare teachers to teach to higher
standards;
[(2) prospective and current teachers need knowledge
and skills beyond what such teachers currently possess;
[(3) while both the Goals 2000: Educate America Act
and titles I and II of this Act have extensive
references to professional development of teachers,
there are no provisions to incorporate ``on-the-
ground'' planning and implementation to serve as models
for local educational agencies across the Nation; and
[(4) better prepared teachers can lead to improved
student achievement, especially for students who are
furthest from reaching high standards.
[(b) Purpose.--It is the purpose of this part--
[(1) to address the need for professional development
with a primary focus on teachers;
[(2) to provide both prospective teachers and current
teachers opportunities to learn both the content and
the pedagogy needed to teach to high standards; and
[(3) to build models, in a few cities and States,
that demonstrate new organizational arrangements and
deep investments in teachers necessary to better
prepare teachers for new standards and assessments.
[SEC. 2302. [20 U.S.C. 6672] DEMONSTRATION PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) In general.--The Secretary shall carry out a
demonstration project under which the Secretary awards
grants in accordance with this part to eligible
partnerships to enable such partnerships to plan and
implement professional development programs.
[(2) Program requirements.--The programs described in
paragraph (1)--
[(A) shall focus on increasing teachers'
knowledge and understanding of content by
providing teachers opportunities to improve
their knowledge and to improve their classroom
practice in order to help students meet high
academic standards;
[(B) shall include teachers at all career
stages, from student teachers or interns
through senior team leaders or department
chairs; and
[(C) may incorporate professional development
for principals, pupil services personnel,
aides, other school-based staff, and parents.
[(b) Eligible Partnerships.--For the purpose of this part,
the term ``eligible partnership'' means a partnership
consisting of--
[(1) a local educational agency, a subunit of such
agency, or a consortium of such agencies, in which not
less than 50 percent of the schools served by such
agency, subunit, or consortium are eligible to
participate in schoolwide programs under section 1114;
or
[(2) other partners that--
[(A) shall include, at a minimum, a teachers'
union (if appropriate), one or more
institutions of higher education which may
include faculty from schools of education and
faculty from schools of arts and sciences, and
a local parent or community council; and
[(B) may include a business partner or a
nonprofit organization with a demonstrated
record in staff development.
[SEC. 2303. [20 U.S.C. 6673] GRANTS.
[(a) Authority.--
[(1) In general.--The Secretary shall award grants
for planning, and grants for the implementation of,
professional development programs under this part.
[(2) Distribution.--The Secretary shall award not
less than 75 percent of the funds available for grants
under this part to eligible partnerships serving the
schools with the greatest number of poor students. To
the extent possible, such grants shall be awarded to
eligible partnerships serving both rural and urban
school districts and in a manner that reflects
geographic and racial diversity.
[(3) Number of grants.--In the first year that the
Secretary awards grants under this part, the Secretary
shall award at least twice as many planning grants as
implementation grants in order to receive well-
developed plans for long-term funding under this part.
[(b) Grant Requirements.--
[(1) Duration.--The Secretary shall award--
[(A) planning grants under this part for a
period of not less than six months and not more
than nine months; and
[(B) implementation grants under this part
for a period of four fiscal years.
[(2) Amount.--The Secretary shall award grants under
this part in an amount determined on the basis of the
size of the program and the level of investment the
eligible partnership is making in teacher development
in the area served by the eligible partnership,
including local, State, and Federal funds and existing
higher education resources, except that no grant under
this part shall exceed $500,000 in any one fiscal year.
[SEC. 2304. [U.S.C. 6674] PLAN.
[Each eligible partnership desiring assistance under this
part shall develop a plan for the program to be assisted under
this part. Such plan shall--
[(1) identify clearly how such plan will support an
overall systemic reform strategy giving special
attention to the role of teacher preparation for new
standards and assessment;
[(2) describe the eligible partnership's
instructional objectives and how the professional
development activities will support such objectives;
[(3) specify the organizational arrangements and
delivery strategies to be used, such as teacher
centers, professional development schools, teacher
networks, and academic alliances, as well as the
curriculum for teachers;
[(4) specify the commitments the local educational
agencies, teacher's union, institutions of higher
education, or any other entity participating in such
partnership are prepared to make, not only to support
program activities such as release time, contractual
flexibility, support for interns or student teachers if
applicable, but also to sustain the central aspects of
the plan after the expiration of the grant; and
[(5) describe how the activities described under this
part will lead to districtwide policy and budget
changes.
[SEC. 2305. [20 U.S.C. 6675] TECHNICAL ASSISTANCE.
[The Secretary is authorized to enter into an arrangement
with an intermediary organization to enable such organization
to provide technical assistance to eligible partnerships
receiving assistance under this part.
[SEC. 2306. [20 U.S.C. 6676] MATCHING FUNDS.
[The Secretary shall give special priority to awarding grants
under this part to eligible partnerships that demonstrate such
partnership's ability to raise matching funds from private
sources.]
PART D--NATIONAL WRITING PROJECT
SEC. 2301. PURPOSE.
The purpose of this part is--
(1) to support and promote the expansion of the
National Writing Project network of sites so that
teachers in every region of the United States will have
access to a National Writing Project program;
(2) to ensure the consistent high quality of the
programs through ongoing review, evaluation, and
provision of technical assistance;
(3) to support and promote the establishment of
programs to disseminate information on effective
practices and research findings about the teaching of
writing; and
(4) to coordinate activities assisted under this part
with other activities assisted under this Act.
SEC. 2302. NATIONAL WRITING PROJECT.
(a) Authorization.--The Secretary is authorized to make a
grant to the National Writing Project (referred to in this
section as the ``grantee''), a nonprofit educational
organization that has, as the primary purpose of the
organization, the improvement of the quality of student writing
and learning, to support the establishment and operation of
teacher training programs to improve the teaching and uses of
writing for learning in the Nation's classrooms.
(b) Requirements of Grant.--The grant agreement for the grant
shall provide that--
(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (referred to individually in this
section as a `contractor') under which the contractors
will agree to establish, operate, and provide the non-
Federal share of the cost of establishing and operating
teacher training programs concerning effective
approaches and processes for the teaching of writing;
(2) funds made available by the Secretary to the
grantee under this section will be used to pay for the
Federal share of the cost of establishing and operating
teacher training programs as provided in paragraph (1);
and
(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary
to assure compliance with the provisions of this
section and will provide such technical assistance as
may be necessary to carry out the provisions of this
section.
(c) Teacher Training Programs.--In operating a teacher
training program authorized in subsection (a), a contractor
shall--
(1) conduct the program during the school year and
during the summer months;
(2) train teachers who teach kindergarten, grades 1
through 12, and college;
(3) select teachers to become members of a National
Writing Project teacher network, for which each member
will conduct writing workshops for other teachers in
the area served by a National Writing Project site; and
(4) encourage teachers from all disciplines to
participate in such a teacher training program.
(d) Federal Share.--
(1) In general.--In this section, except as provided
in paragraph (2) or (3), the term ``Federal share''
means, with respect to the cost of establishing and
operating teacher training programs authorized in
subsection (a), 50 percent of such cost to the
contractor.
(2) Waiver.--The Secretary may waive the provisions
of paragraph (1) on a case-by-case basis if the
National Advisory Board described in subsection (e)
determines, on the basis of financial need, that such
waiver is necessary.
(3) Maximum.--The Federal share of the cost described
in subsection (b) may not exceed $100,000 for any 1
contractor, or $200,000 for a statewide program
administered by any 1 contractor in at least 5 sites
throughout the State.
(e) National Advisory Board.--
(1) Establishment.--The National Writing Project
shall establish and operate a National Advisory Board.
(2) Composition.--The National Advisory Board
established pursuant to paragraph (1) shall consist
of--
(A) national educational leaders;
(B) leaders in the field of writing; and
(C) such other individuals as the National
Writing Project determines to be necessary.
(3) Duties.--The National Advisory Board established
pursuant to paragraph (1) shall--
(A) advise the National Writing Project on
national issues related to student writing and
the teaching of writing;
(B) review the activities and programs of the
National Writing Project; and
(C) support the continued development of the
National Writing Project.
(f) Teacher Training Evaluation.--
(1) In general.--
(A) Evaluation.--The Secretary shall conduct
an independent evaluation by grant or contract
of the teacher training programs administered
pursuant to this section in accordance with
part B of title X. In conducting the
evaluation, the Secretary shall determine the
amount of funds expended by the National
Writing Project and each contractor receiving
assistance under this section for
administrative costs.
(B) Report.--The Secretary shall submit a
report containing the results of such
evaluation, including the amount determined by
theSecretary under subparagraph (A), to the
appropriate committees of Congress.
(2) Funding limitation.--The Secretary shall reserve
not more than $150,000 from the total amount
appropriated pursuant to the authority of subsection
(h) for fiscal year 2001 and the 4 subsequent fiscal
years to conduct the evaluation described in paragraph
(1).
(g) Application Review.--
(1) Review board.--The National Writing Project shall
establish and operate a National Review Board that
shall consist of--
(A) leaders in the field of research in
writing; and
(B) such other individuals as the National
Writing Project determines to be necessary.
(2) Duties.--The National Review Board shall--
(A) review all applications for assistance
submitted under this section; and
(B) recommend applications for assistance
submitted under this section for funding by the
National Writing Project.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section, $15,000,000 for
fiscal year 2001, and such sums as may be necessary for each of
the 4 subsequent fiscal years.
* * * * * * *
PART E--THE NEW CENTURY PROGRAM FOR DISTRIBUTED TEACHER PROFESSIONAL
DEVELOPMENT
SEC. 2401. PROJECT AUTHORIZED.
(a) Purpose.--It is the purpose of this part to carry out a
program designed to assist elementary school and secondary
school teachers in preparing all students for achieving State
content standards.
(b) Grants.--The Secretary may make a grant to a nonprofit
telecommunications entity, or a partnership of such entities,
for the purpose of carrying out a national telecommunications-
based program to improve teaching in core curriculum areas to
achieve the purpose described in subsection (a).
SEC. 2402. APPLICATION.
(a) In General.--Each nonprofit telecommunications entity, or
partnership of such entities, desiring a grant under this part
shall submit an application to the Secretary. Each such
application shall--
(1) demonstrate that the applicant will use the
public broadcasting infrastructure and school digital
networks, where available, to deliver video and data in
an integrated service to train teachers in the use of
standards-based curricula materials and learning
technologies;
(2) provide an assurance that the project for which
the assistance is being sought will be conducted in
cooperation with appropriate State educational
agencies, local educational agencies, national, State,
or local nonprofit public telecommunications entities,
and national education professional associations that
have developed content standards in the relevant
subject areas;
(3) provide an assurance that a significant portion
of the benefits available for elementary schools and
secondary schools from the project for which the
assistance is being sought will be available to schools
of local educational agencies which have a high
percentage of children counted under section 1124(c);
and
(4) contain such additional assurances as the
Secretary may reasonably require.
(b) Approval, Number of Sites.--In approving applications
under this section, the Secretary shall ensure that the program
authorized by this part is conducted at elementary school and
secondary school sites in at least 15 States.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part, $20,000,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 subsequent fiscal years.
PART F--DIGITAL EDUCATION CONTENT COLLABORATIVE
SEC. 2501. DIGITAL EDUCATION CONTENT COLLABORATIVE.
(a) In General.--The Secretary may award grants to, or enter
into contracts or cooperative agreements with, eligible
entities described in section 2502(b) to develop, produce, and
distribute educational and instructional video programming that
is designed for use by kindergarten through grade 12 schools
and based on State standards.
(b) Availability.--In awarding grants, contracts, or
cooperative agreements under subsection (a), the Secretary
shall ensure that eligible entities enter into multiyear
content development collaborative arrangements with State
educational agencies, local educational agencies, institutions
of higher education, businesses, or other agencies and
organizations.
SEC. 2502. EDUCATIONAL PROGRAMMING.
(a) Awards.--The Secretary shall award grants, contracts, or
cooperative agreements under this part to eligible entities to
facilitate the development of educational programming that
shall--
(1) include student assessment tools to provide
feedback on student performance;
(2) include built-in teacher utilization and support
components to ensure that teachers understand and can
easily use the content of the programming with group
instruction or for individual student use;
(3) be created for, or adaptable to, State content
standards; and
(4) be capable of distribution through digital
broadcasting and school digital networks.
(b) Eligible Entities.--To be eligible to receive a grant,
contract, or cooperative agreement under section 2501(a), an
entity shall be a local public telecommunications entity as
defined in section 397(12) of the Communications Act of 1934
that is able to demonstrate a capacity for the development and
distribution of educational and instructional television
programming of high quality.
(c) Competitive Basis.--Grants, contracts, or cooperative
agreements under this part shall be awarded on a competitive
basis as determined by the Secretary.
(d) Duration.--Each grant, contract, or cooperative agreement
under this part shall be awarded for a period of 3 years in
order to allow time for the creation of a substantial body of
significant content.
SEC. 2503. APPLICATIONS.
Each eligible entity desiring a grant, contract, or
cooperative agreement under this part shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
SEC. 2504. MATCHING REQUIREMENT.
An eligible entity receiving a grant, contract, or
cooperative agreement under this part shall contribute to the
activities assisted under this part non-Federal matching funds
in an amount equal to not less than 100 percent of the amount
of the grant, contract, or cooperative agreement. Non-Federal
funds may include funds provided from a non-Federal source for
the transition to digital broadcasting, as well as in-kind
contributions.
SEC. 2505. ADMINISTRATIVE COSTS.
With respect to the implementation of this part, entities
receiving a grant, contract, or cooperative agreement under
this part may use not more than 5 percent of the amounts
received under the grant, contract, or cooperative agreement
for the normal and customary expenses of administering the
grant.
SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part, $25,000,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 subsequent fiscal years.
PART [E]G--GENERAL PROVISIONS
SEC. 2401. [20 U.S.C. 2401] REPORTING AND ACCOUNTABILITY.
[(a) States.--Each State that receives funds under this
title (other than part C) shall submit a report to the
Secretary every three years, beginning with fiscal year 1997,
on the State's progress toward the performance indicators
identified in such State's plan, as well as on the
effectiveness of State and local activities assisted under this
title (other than part C).
[(b) Local Educational Agencies.--Each local educational
agency that receives funds under this part shall submit a
report to the State every three years, beginning with fiscal
year 1997, regarding the progress of such agency toward
performance indicators identified in such agency's local plan,
as well as on the effectiveness of such agency's activities
under this part.
[(c) Federal Evaluation.--The Secretary shall report to the
President and the Congress on the effectiveness of programs and
activities assisted under this part in accordance with section
14701.
[(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used
for construction or renovation of buildings, rooms, or any
other facilities.
[SEC. 2402. [20 U.S.C. 6702] DEFINITIONS.
As used in this title (other than part C)--
[(1) the term ``core academic subjects'' means those
subjects listed in the State plan under title III of
the Goals 2000: Educate America Act or under the third
National Education Goal as set forth in section 102(3)
of such Act;
[(2) the term ``performance indicators'' means
measures of specific outcomes that the State or local
educational agency identifies as assessing progress
toward the goal of ensuring that all teachers have the
knowledge and skills necessary to assist their students
to meet challenging State content standards and
challenging State student performance standards in the
core academic subjects, such as--
[(A) the degree to which licensure
requirements are tied to challenging State
content standards and challenging State student
performance standards;
[(B) specific increases in the number of
elementary and secondary teachers with strong
content backgrounds in the core academic
subjects;
[(C) incorporating effective strategies,
techniques, methods, and practices for meeting
the educational needs of diverse students,
including females, minorities, individuals with
disabilities, limited English proficient
individuals, and economically disadvantaged
individuals, in order to ensure that all
students have the opportunity to achieve
challenging student performance standards;
[(D) specific increases in the number of
teachers who are certified by the National
Board for Professional Teaching Standards or
other nationally recognized professional
teacher enhancement organizations; and
[(E) specific increases in the number of
teachers licensed in each core academic
subject;
[(3) the term ``sustained and intensive high-quality
professional development'' means professional
development activities that--
[(A) are tied to challenging State content
standards, challenging State student
performance standards, voluntary national
content standards or voluntary national student
performance standards;
[(B) reflect up-to-date research in teaching
and learning and include integrated content and
pedagogical components appropriate for students
with diverse learning needs;
[(C) incorporate effective strategies,
techniques, methods, and practices for meeting
the educational needs of diverse students,
including females, minorities, individuals with
disabilities, limited English proficient
individuals, and economically disadvantaged
individuals, in order to ensure that all
students have the opportunity to achieve
challenging student performance standards;
[(D) are of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom or the
administrator's performance on the job; and
[(E) recognize teachers as an important
source of knowledge that should inform and help
shape professional development; and
[(4) the term ``local'', when used with respect to
standards, means challenging content and student
performance standards in the core academic subjects (in
addition to challenging State content and student
performance standards approved by the State for title
I).]
* * * * * * *
SEC. 2601. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION OR LICENSING
OF TEACHERS.
(a) Prohibition on Mandatory Testing, Certification, or
Licensing.--Notwithstanding any other provision of law, the
Secretary may not use Federal funds to plan, develop,
implement, or administer any mandatory national teacher test or
mandatory method of certification or licensing.
(b) Prohibition on Withholding Funds.--The Secretary may
not withhold funds from any State or local educational agency
if such State or local educational agency fails to adopt a
specific method of teacher certification or licensing.
SEC. 2602. HOME SCHOOLS.
Nothing in this title shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
any private, religious, or home school, whether a home school
is treated as a private school or home school under the law of
the State involved, except that the Secretary may require that
funds provided to a school under this title be used for the
purposes described in this title. This section shall not be
construed to bar private, religious, or home schools from
participating in or receiving programs or services under this
title.
[TITLE III--TECHNOLOGY FOR EDUCATION
[SEC. 3101. [20 U.S.C. 6801] 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. [20 U.S.C. 6811] 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. [20 U.S.C. 6812] 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. [20 U.S.C. 6813] 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. [20 U.S.C. 6814] 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. [20 U.S.C. 6815] 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. [20 U.S.C. 6831] 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. [20 U.S.C. 6832] 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. [20 U.S.C. 6833] 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. [20 U.S.C. 6841] 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 asthe 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. [20 U.S.C. 6842] 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. [20 U.S.C. 6843] 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. [20 U.S.C. 6844] 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. [20 U.S.C. 6845] 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. [20 U.S.C. 6846] 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. [20 U.S.C. 6847] 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. [20 U.S.C. 6861] 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. [20 U.S.C. 6871] 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. [20 U.S.C. 6891] SHORT TITLE.
[This part may be cited as the ``Star Schools Act''.
[SEC. 3202. [20 U.S.C. 6892] 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. [20 U.S.C. 6893] 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. [20 U.S.C. 6894] 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. [20 U.S.C. 6895] 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. [20 U.S.C. 6896] 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. [20 U.S.C. 6897] 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. [20 U.S.C. 6898] 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. [20 U.S.C. 6899] 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. [20 U.S.C. 6900] 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. [20 U.S.C. 6921] 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. [20 U.S.C. 6922] 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. [20 U.S.C. 6923] 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. [20 U.S.C. 6924] 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. [20 U.S.C. 6925] 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. [20 U.S.C. 6926] 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. [20 U.S.C. 6927] 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. [20 U.S.C. 6928] 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. [20 U.S.C. 6951] 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. [20 U.S.C. 6952] 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. [20 U.S.C. 6953] 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. [20 U.S.C. 6971] SHORT TITLE.
[This part may be cited as the ``Elementary Mathematics and
Science Equipment Act''.
[SEC. 3502. [20 U.S.C. 6972] 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. [20 U.S.C. 6973] 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. [20 U.S.C. 6974] 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. [20 U.S.C. 6975] 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. [20 U.S.C. 6976] 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. [20 U.S.C. 6977] 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. [20 U.S.C. 6978] 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. [20 U.S.C. 6979] 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 III--ENRICHMENT INITIATIVES
PART A--21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 3101. SHORT TITLE.
This part may be cited as the ``21st Century Community
Learning Centers Act''.
SEC. 3102. PURPOSE.
It is the purpose of this part--
(1) to provide local public schools with the
opportunity to serve as centers for the delivery of
education and human resources for all members of
communities;
(2) to enable public schools, primarily in rural and
inner city communities, to collaborate with other
public and nonprofit agencies and organizations, local
businesses, educational entities (such as vocational
and adult education programs, school-to-work programs,
community colleges, and universities), recreational,
cultural, and other community and human service
entities, to meet the needs of, and expand the
opportunities available to, the residents of the
communities served by such schools;
(3) to use school facilities, equipment, and
resources so that communities can promote a more
efficient use of public education facilities,
especially in rural and inner city areas where limited
financial resources have enhanced the necessity for
local public schools to become social service centers;
(4) to enable schools to become centers of lifelong
learning; and
(5) to enable schools to provide educational
opportunities for individuals of all ages.
SEC. 3103. PROGRAM AUTHORIZATION.
(a) Grants by the Secretary.--The Secretary is authorized, in
accordance with the provisions of this part, to award grants to
rural and inner-city public elementary or secondary schools, or
consortia of such schools, to enable such schools or consortia
to plan, implement, or to expand projects that benefit the
educational, health, social service, cultural, and recreational
needs of a rural or inner-city community.
(b) Equitable Distribution.--In awarding grants under this
part, the Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of the
United States, and among urban and rural areas of a State.
(c) Grant Period.--The Secretary shall award grants under
this part for a period not to exceed 3 years.
(d) Amount.--The Secretary shall not award a grant under this
part in any fiscal year in an amount less than $35,000.
SEC. 3104. APPLICATION REQUIRED.
(a) Application.--To be eligible to receive a grant under
this part, an elementary or secondary school or consortium
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably prescribe. Each such application shall
include--
(1) a comprehensive local plan that enables the
school or consortium to serve as a center for the
delivery of education and human resources for members
of a community;
(2) an evaluation of the needs, available resources,
and goals and objectives for the proposed project in
order to determine which activities will be undertaken
to address such needs; and
(3) a description of the proposed project,
including--
(A) a description of the mechanism that will
be used to disseminate information in a manner
that is understandable and accessible to the
community;
(B) identification of Federal, State, and
local programs to be merged or coordinated so
that public resources may be maximized;
(C) a description of the collaborative
efforts to be undertaken by community-based
organizations, related public agencies,
businesses, or other appropriate organizations;
(D) a description of how the school or
consortium will serve as a delivery center for
existing and new services, especially for
interactive telecommunication used for
education and professional training; and
(E) an assurance that the school or
consortium will establish a facility
utilization policy that specifically states--
(i) the rules and regulations
applicable to building and equipment
use; and
(ii) supervision guidelines.
(b) Priority.--The Secretary shall give priority to
applications describing projects that offer a broad selection
of services which address the needs of the community.
SEC. 3105. USES OF FUNDS.
Grants awarded under this part may be used to plan,
implement, or expand community learning centers which include
not less than four of the following activities:
(1) Literacy education programs.
(2) Senior citizen programs.
(3) Children's day care services.
(4) Integrated education, health, social service,
recreational, or cultural programs.
(5) Summer and weekend school programs in conjunction
with recreation programs.
(6) Nutrition and health programs.
(7) Expanded library service hours to serve community
needs.
(8) Telecommunications and technology education
programs for individuals of all ages.
(9) Parenting skills education programs.
(10) Support and training for child day care
providers.
(11) Employment counseling, training, and placement.
(12) Services for individuals who leave school before
graduating from secondary school, regardless of the age
of such individual.
(13) Services for individuals with disabilities.
SEC. 3106. DEFINITION.
For the purpose of this part, the term ``community learning
center'' means an entity within a public elementary or
secondary school building that--
(1) provides educational, recreational, health, and
social service programs for residents of all ages
within a local community; and
(2) is operated by a local educational agency in
conjunction with local governmental agencies,
businesses, vocational education programs, institutions
of higher education, community colleges, and cultural,
recreational, and other community and human service
entities.
SEC. 3107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $500,000,000 for
fiscal year 2001, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out this part.
PART B--INITIATIVES FOR NEGLECTED, DELINQUENT, OR AT RISK STUDENTS
Subpart 1--Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or at Risk of Dropping Out
SEC. 3321. PURPOSE; PROGRAM AUTHORIZED.
(a) Purpose.--It is the purpose of this subpart--
(1) to improve educational services for children in
local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same challenging
State content standards and challenging State student
performance standards that all children in the State
are expected to meet;
(2) to provide such children and youth with the
services needed to make a successful transition from
institutionalization to further schooling or
employment; and
(3) to prevent at-risk youth from dropping out of
school and to provide dropouts and youth returning from
institutions with a support system to ensure their
continued education.
(b) Program Authorized.--In order to carry out the purpose of
this subpart the Secretary shall make grants to State
educational agencies to enable such agencies to award subgrants
to State agencies and local educational agencies to establish
or improve programs of education for neglected or delinquent
children and youth at risk of dropping out of school before
graduation.
SEC. 3322. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
(a) Agency Subgrants.--Based on the allocation amount
computed under section 3332, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies under chapter 1.
(b) Local Subgrants.--Each State shall retain, for purposes
of carrying out chapter 2, funds generated throughout the State
under part A of title I based on youth residing in local
correctional facilities, or attending community day programs
for delinquent children and youth.
Chapter 1--State Agency Programs
SEC. 3331. ELIGIBILITY.
A State agency is eligible for assistance under this chapter
if such State agency is responsible for providing free public
education for children--
(1) in institutions for neglected or delinquent
children and youth;
(2) attending community day programs for neglected or
delinquent children and youth; or
(3) in adult correctional institutions.
SEC. 3332. ALLOCATION OF FUNDS.
(a) Subgrants to State Agencies.--
(1) In general.--Each State agency described in
section 3331 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this subpart, for each fiscal year, an amount equal to
the product of--
(A) the number of neglected or delinquent
children and youth described in section 3331
who--
(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
(ii) are enrolled for at least 20
hours per week--
(I) in education programs in
institutions for neglected or
delinquent children and youth;
or
(II) in community day
programs for neglected or
delinquent children and youth;
and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children and youth on a specific
date set by the Secretary; and
(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
(b) Subgrants to State Agencies in Puerto Rico.--For each
fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under
this subpart shall be equal to--
(1) the number of children and youth counted under
subsection (a)(1)(A) for the Commonwealth of Puerto
Rico; multiplied by
(2) the product of--
(A) the percentage that the average per-pupil
expenditure in the Commonwealth of Puerto Rico
is of the lowest average per-pupil expenditure
of any of the 50 States; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal year
for subgrants under subsections (a) and (b) is insufficient to
pay the full amount for which all State agencies are eligible
under such subsections, the Secretary shall ratably reduce each
such amount.
SEC. 3333. STATE REALLOCATION OF FUNDS.
If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this subpart for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this subpart,
in such amounts as the State educational agency shall
determine.
SEC. 3334. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--Each State educational agency that
desires to receive a grant under this subpart shall
submit, for approval by the Secretary, a plan for
meeting the needs of neglected and delinquent children
and youth and, where applicable, children and youth at
risk of dropping out of school, that is integrated with
other programs under this Act, or other Acts, as
appropriate, consistent with section 6506.
(2) Contents.--Each such State plan shall--
(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the
effectiveness of the program in improving
academic and vocational skills of children in
the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local
educational agencies in the State; and
(C) contain assurances that the State
educational agency will--
(i) ensure that programs assisted
under this subpart will be carried out
in accordance with the State plan
described in this subsection;
(ii) carry out the evaluation
requirements of section 3351;
(iii) ensure that the State agencies
receiving subgrants under this chapter
comply with all applicable statutory
and regulatory requirements; and
(iv) provide such other information
as the Secretary may reasonably
require.
(3) Duration of the plan.--Each State plan shall--
(A) remain in effect for the duration of the
State's participation under this subpart; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
subpart.
(b) Secretarial Approval; Peer Review.--
(1) In general.--The Secretary shall approve each
State plan that meets the requirements of this subpart.
(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
(c) State Agency Applications.--Any State agency that desires
to receive funds to carry out a program under this chapter
shall submit an application to the State educational agency
that--
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served;
(2) provides assurances that in making services
available to youth in adult correctional institutions,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided to the State educational agency;
(4) describes how the program will meet the goals and
objectives of the State plan;
(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
3336 are of high quality;
(6) describes how the agency will carry out the
evaluation requirements of section 10201 and how the
results of the most recent evaluation are used to plan
and improve the program;
(7) includes data showing that the agency has
maintained the fiscal effort required of a local
educational agency, in accordance with section 10101;
(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of the Workforce Investment
Act of 1998, vocational education programs, State and
local dropout prevention programs, and special
education programs;
(9) describes how appropriate professional
development will be provided to teachers and other
staff;
(10) designates an individual in each affected
institution to be responsible for issues relating to
the transition of children and youth from the
institution to locally operated programs;
(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring
for participating children and youth;
(12) provides assurances that the agency will assist
in locating alternative programs through which students
can continue their education if students are not
returning to school after leaving the correctional
facility;
(13) provides assurances that the agency will work
with parents to secure parents' assistance in improving
the educational achievement of their children and
preventing their children's further involvement in
delinquent activities;
(14) provides assurances that the agency works with
special education youth in order to meet an existing
individualized education program and an assurance that
the agency will notify the youth's local school if the
youth--
(A) is identified as in need of special
education services while the youth is in the
facility; and
(B) intends to return to the local school;
(15) provides assurances that the agency will work
with youth who dropped out of school before entering
the facility to encourage the youth to reenter school
once the term of the youth has been completed or
provide the youth with the skills necessary to gain
employment, continue the education of the youth, or
achieve a secondary school diploma or its recognized
equivalent if the youth does not intend to return to
school;
(16) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special needs
taking into consideration the unique needs of such
students;
(17) describes any additional services provided to
children and youth, such as career counseling, and
assistance in securing student loans and grants; and
(18) provides assurances that the program under this
chapter will be coordinated with any programs operated
under the Juvenile Justice and Delinquency Prevention
Act of 1974 or other comparable programs, if
applicable.
SEC. 3335. USE OF FUNDS.
(a) Uses.--
(1) In general.--A State agency shall use funds
received under this chapter only for programs and
projects that--
(A) are consistent with the State plan under
section 3334(a); and
(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, further education, or employment.
(2) Programs and projects.--Such programs and
projects--
(A) may include the acquisition of equipment;
(B) shall be designed to support educational
services that--
(i) except for institution-wide
projects under section 3336, are
provided to children and youth
identified by the State agency as
failing, or most at risk of failing, to
meet the State's challenging State
content standards and challenging State
student performance standards;
(ii) supplement and improve the
quality of the educational services
provided to such children and youth by
the State agency; and
(iii) afford such children and youth
an opportunity to learn to such
challenging State standards;
(C) shall be carried out in a manner
consistent with section 1120A and part F of
title I; and
(D) may include the costs of meeting the
evaluation requirements of section 10201.
(b) Supplement, Not Supplant.--A program under this chapter
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant requirement of section
1120A without regard to the subject areas in which instruction
is given during those hours.
SEC. 3336. INSTITUTION-WIDE PROJECTS.
A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community-day program for such
children may use funds received under this subpart to serve all
children in, and upgrade the entire educational effort of, that
institution or program if the State agency has developed, and
the State educational agency has approved, a comprehensive plan
for that institution or program that--
(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or
program serving juveniles;
(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a two-year period;
(3) describes the steps the State agency has taken,
or will take, to provide all youth under age 21 with
the opportunity to meet challenging State content
standards and challenging State student performance
standards in order to improve the likelihood that the
youths will complete secondary school, attain a
secondary diploma or its recognized equivalent, or find
employment after leaving the institution;
(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for students;
(5) specifically describes how such funds will be
used;
(6) describes the measures and procedures that will
be used to assess student progress;
(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs for
neglected or delinquent children and personnel from the
State educational agency; and
(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
SEC. 3337. THREE-YEAR PROGRAMS OR PROJECTS.
If a State agency operates a program or project under this
chapter in which individual children are likely to participate
for more than one year, the State educational agency may
approve the State agency's application for a subgrant under
this subpart for a period of not more than three years.
SEC. 3338. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve not
more than 10 percent of the amount such agency receives under
this chapter for any fiscal year to support projects that
facilitate the transition of children and youth from State-
operated institutions to local educational agencies.
(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
nonprofit organizations.
(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include pupil services and mentoring, to
neglected and delinquent children and youth in schools other
than State-operated institutions.
(d) Construction.--Nothing in this section shall be construed
to prohibit a school that receives funds under subsection (a)
from serving neglected and delinquent children and youth
simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
CHAPTER 2--LOCAL AGENCY PROGRAMS
SEC. 3341. PURPOSE.
The purpose of this chapter is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities to--
(1) carry out high quality education programs to
prepare youth for secondary school completion,
training, and employment, or further education;
(2) provide activities to facilitate the transition
of such youth from the correctional program to further
education or employment; and
(3) operate dropout prevention programs in local
schools for youth at risk of dropping out of school and
youth returning from correctional facilities.
SEC. 3342. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Local Subgrants.--With funds made available under section
3322(b), the State educational agency shall award subgrants to
local educational agencies with high numbers or percentages of
youth residing in locally operated (including county operated)
correctional facilities for youth (including facilities
involved in community day programs).
(b) Special Rule.--A local educational agency which includes
a correctional facility that operates a school is not required
to operate a dropout prevention program if more than 30 percent
of the youth attending such facility will reside outside the
boundaries of the local educational agency upon leaving such
facility.
(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this chapter.
SEC. 3343. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Eligible local educational agencies desiring assistance under
this chapter shall submit an application to the State
educational agency, containing such information as the State
educational agency may require. Each such application shall
include--
(1) a description of the program to be assisted;
(2) a description of formal agreements between--
(A) the local educational agency; and
(B) correctional facilities and alternative
school programs serving youth involved with the
juvenile justice system to operate programs for
delinquent youth;
(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent youth to ensure that such youth
are participating in an education program comparable to
one operating in the local school such youth would
attend;
(4) as appropriate, a description of the dropout
prevention program operated by participating schools
and the types of services such schools will provide to
at-risk youth in participating schools and youth
returning from correctional facilities;
(5) as appropriate, a description of the youth
expected to be served by the dropout prevention program
and how the school will coordinate existing educational
programs to meet unique education needs;
(6) as appropriate, a description of how schools will
coordinate with existing social and health services to
meet the needs of students at risk of dropping out of
school and other participating students, including
prenatal health care and nutrition services related to
the health of the parent and child, parenting and child
development classes, child care, targeted re-entry and
outreach programs, referrals to community resources,
and scheduling flexibility;
(7) as appropriate, a description of any partnerships
with local businesses to develop training and mentoring
services for participating students;
(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievement of their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
(9) a description of how the program under this
chapter will be coordinated with other Federal, State,
and local programs, such as programs under title I of
the Workforce Investment Act of 1998 and vocational
education programs serving at-risk youth;
(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of youth returning from correctional
facilities;
(12) a description of efforts participating schools
will make to ensure correctional facilities working
with youth are aware of a child's existing
individualized education program; and
(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for youth interested in continuing their
education but unable to participate in a regular public
school program.
SEC. 3344. USES OF FUNDS.
Funds provided to local educational agencies under this
chapter may be used, where appropriate, for--
(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting
teens, youth who have come in contact with the juvenile
justice system, youth at least one year behind their
expected grade level, migrant youth, immigrant youth,
students with limited-English proficiency and gang
members;
(2) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care and drug
and alcohol counseling, will improve the likelihood
such individuals will complete their education; and
(3) programs to meet the unique education needs of
youth at risk of dropping out of school, which may
include vocational education, special education, career
counseling, and assistance in securing student loans or
grants.
SEC. 3345. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
Each correctional facility having an agreement with a local
educational agency under section 3343(2) to provide services to
youth under this chapter shall--
(1) where feasible, ensure educational programs in
juvenile facilities are coordinated with the student's
home school, particularly with respect to special
education students with an individualized education
program;
(2) notify the local school of a youth if the youth
is identified as in need of special education services
while in the facility;
(3) where feasible, provide transition assistance to
help the youth stay in school, including coordination
of services for the family, counseling, assistance in
accessing drug and alcohol abuse prevention programs,
tutoring, and family counseling;
(4) provide support programs which encourage youth
who have dropped out of school to reenter school once
their term has been completed or provide such youth
with the skills necessary for such youth to gain
employment or seek a secondary school diploma or its
recognized equivalent;
(5) work to ensure such facilities are staffed with
teachers and other qualified staff who are trained to
work with children with disabilities and other students
with special needs taking into consideration the unique
needs of such children and students;
(6) ensure educational programs in correctional
facilities are related to assisting students to meet
high educational standards;
(7) use, to the extent possible, technology to assist
in coordinating educational programs between the
juvenile facility and the community school;
(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
(9) coordinate funds received under this program with
other local, State, and Federal funds available to
provide services to participating youth, such as funds
made available under title I of the Workforce
Investment Act of 1998, and vocational education funds;
(10) coordinate programs operated under this chapter
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable; and
(11) if appropriate, work with local businesses to
develop training and mentoring programs for
participating youth.
SEC. 3346. ACCOUNTABILITY.
The State educational agency may--
(1) reduce or terminate funding for projects under
this chapter if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
(2) require juvenile facilities to demonstrate, after
receiving assistance under this chapter for 3 years,
that there has been an increase in the number of youth
returning to school, obtaining a secondary school
diploma or its recognized equivalent, or obtaining
employment after such youth are released.
CHAPTER 3--GENERAL PROVISIONS
SEC. 3351. PROGRAM EVALUATIONS.
(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under chapter 1 or 2
shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity, and
age, not less than once every three years to determine the
program's impact on the ability of participants to--
(1) maintain and improve educational achievement;
(2) accrue school credits that meet State
requirements for grade promotion and secondary school
graduation;
(3) make the transition to a regular program or other
education program operated by a local educational
agency; and
(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after
leaving the institution.
(b) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency
shall use multiple and appropriate measures of student
progress.
(c) Evaluation Results.--Each State agency and local
educational agency shall--
(1) submit evaluation results to the State
educational agency; and
(2) use the results of evaluations under this section
to plan and improve subsequent programs for
participating children and youth.
SEC. 3352. DEFINITIONS.
In this subpart:
(1) Adult correctional institution.--The term ``adult
correctional institution'' means a facility in which
persons are confined as a result of a conviction for a
criminal offense, including persons under 21 years of
age.
(2) At-risk youth.--The term ``at-risk youth'' means
school aged youth who are at risk of academic failure,
have drug or alcohol problems, are pregnant or are
parents, have come into contact with the juvenile
justice system in the past, are at least one year
behind the expected grade level for the age of the
youth, have limited-English proficiency, are gang
members, have dropped out of school in the past, or
have high absenteeism rates at school.
(3) Community day program.--The term ``community day
program'' means a regular program of instruction
provided by a State agency at a community day school
operated specifically for neglected or delinquent
children and youth.
(4) Institution for neglected or delinquent children
and youth.--The term ``institution for neglected or
delinquent children and youth'' means--
(A) a public or private residential facility,
other than a foster home, that is operated for
the care of children who have been committed to
the institution or voluntarily placed in the
institution under applicable State law, due to
abandonment, neglect, or death of their parents
or guardians; or
(B) a public or private residential facility
for the care of children who have been
adjudicated to be delinquent or in need of
supervision.
SEC. 3353. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $42,000,000 for
fiscal year 2001, and such sums as maybe necessary for each of
the four succeeding fiscal years, to carry out this part.
PART C--GIFTED AND TALENTED CHILDREN
SEC. 3401. SHORT TITLE.
This part may be cited as the ``Jacob K. Javits Gifted and
Talented Students Education Act''.
SEC. 3402. STATEMENT OF PURPOSE.
(a) Purpose.--The purpose of this part is--
(1) to provide grants to State educational agencies
and local public schools for the support of programs,
classes, and other services designed to meet the needs
of the Nation's gifted and talented students in
elementary schools and secondary schools;
(2) to encourage the development of rich and
challenging curricula for all students through the
appropriate application and adaptation of materials and
instructional methods developed under this part; and
(3) to supplement and make more effective the
expenditure of State and local funds for the education
of gifted and talented students.
SEC. 3403. CONSTRUCTION.
Nothing in this part shall be construed to prohibit a
recipient of funds under this part from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational setting where
appropriate.
SEC. 3404. AUTHORIZATION OF APPROPRIATIONS; TRIGGER.
(a) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this part $155,000,000 for fiscal
year 2001 and such sums as may be necessary for each of the 4
succeeding fiscal years.
(b) Trigger.--Notwithstanding any other provision of this
part, if the amount appropriated under subsection (a) for a
fiscal year is less than $50,000,000, then the Secretary shall
use such amount to carry out part B of title X (as such part
was in effect on the day before the date of enactment of the
Educational Opportunities Act).
SEC. 3405. ALLOTMENT TO STATES.
(a) Reservation.--From the funds appropriated under section
3404(a) for any fiscal year, the Secretary shall reserve not
more than 1 percent for payments to the outlying areas to be
allotted to the outlying areas in accordance with their
respective needs for assistance under this part.
(b) Allotment.--From the funds appropriated under section
3404(a) that are not reserved under subsection (a), the
Secretary shall allot to each State an amount that bears the
same relation to the funds as the school-age population of the
State bears to the school-age population of all States, except
that no State shall receive an allotment that is less than 0.50
percent of the funds.
(c) Grandfather Clause.--If the amount appropriated under
section 3404(a) for a fiscal year is $50,000,000 or more, then
the Secretary shall use such amount to continue to make grant
or contract payments to each entity that was awarded a
multiyear grant or contract under part B of title X (as such
part was in effect on the day before the date of enactment of
the Educational Opportunities Act) for the duration of the
grant or contract award.
SEC. 3406. STATE APPLICATIONS.
(a) Application Requirements.--Any State that desires to
receive assistance under this part shall submit to the
Secretary an application that--
(1) designates the State educational agency as the
agency responsible for the administration and
supervision of programs assisted under this part;
(2) contains an assurance of the State educational
agency's ability to provide matching funds for the
activities to be assisted under this part in an amount
equal to not less than 20 percent of the grant funds to
be received, provided in cash or in-kind;
(3) provides for a biennial submission of data
regarding the use of funds under this part, the types
of services furnished under this part, and how the
services impacted the individuals assisted under this
part;
(4) provides that the State educational agency will
keep such records and provide such information to the
Secretary as may be required for fiscal audit and
program evaluation (consistent with all State
educational agency fiscal audit and program evaluation
responsibilities under this Act);
(5) contains an assurance that there is compliance
with the requirements of this part; and
(6) provides for timely public notice and public
dissemination of the data submitted pursuant to
paragraph (3).
(b) Duration and Amendments.--An application filed by the
State under subsection (a) shall be for a period not to exceed
3 years.
SEC. 3407. STATE USES OF FUNDS.
(a) In General.--A State educational agency shall not use
more than 10 percent of the funds made available under this
part for--
(1) establishment and implementation of a peer review
process for grant applications under this part;
(2) supervision of the awarding of funds to local
educational agencies or consortia thereof to support
gifted and talented students from all economic, ethnic,
and racial backgrounds, including such students of
limited English proficiency and such students with
disabilities;
(3) planning, supervision, and processing of funds
made available under this section;
(4) monitoring, evaluation, and dissemination of
programs and activities assisted under this part,
including the submission of an annual report to the
Secretary that describes the number of students served
and the education activities assisted under the grant;
(5) providing technical assistance under this part;
and
(6) supplementing, but not supplanting, the amount of
State and local funds expended for the education of,
and related services provided for, the education of
gifted and talented students.
(b) Parental Support.--A State educational agency shall not
use more than 2 percent of the fundsmade available under this
part for providing information, education, and support to parents of
gifted and talented children to enhance the parents' ability to
participate in decisions regarding their children's educational
programs.
SEC. 3408. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.
(a) Grant Competition.--A State educational agency shall use
not less than 88 percent of the funds made available under this
part to award grants, on a competitive basis, to local
educational agencies or consortia thereof to support programs,
classes, and other services designed to meet the needs of
gifted and talented students.
(b) Size of Grant.--A State educational agency shall award a
grant under this part for any fiscal year in an amount
sufficient to meet the needs of the students to be served under
the grant.
SEC. 3409. LOCAL APPLICATION REQUIREMENTS.
(a) Application.--To be eligible to receive a grant under
this part the local educational agency or consortium shall
submit an application to the State educational agency.
(b) Contents.--Each such application shall include--
(1) an assurance that the funds received under this
part will be used to identify and support gifted and
talented students, including gifted and talented
students from all economic, ethnic, and racial
backgrounds, including such students of limited English
proficiency, and such students with disabilities;
(2) a description of how the local educational agency
or consortium will meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students.
SEC. 3410. LOCAL USES OF FUNDS.
Grants awarded under this part shall be used by local
educational agencies or consortia to carry out 1 or more of the
following activities to benefit gifted and talented students:
(1) Professional development programs.--Developing
and implementing programs to address State and local
needs for inservice training activities for general
educators, specialists in gifted and talented
education, administrators, school counselors, or other
school personnel.
(2) Identification of students.--Delivery of services
to gifted and talented students who may not be
identified and served through traditional assessment
methods, including economically disadvantaged
individuals, individuals of limited English
proficiency, and individuals with disabilities.
(3) Model projects.--Supporting and implementing
innovative strategies such as cooperative learning,
service learning, peer tutoring, independent study, and
adapted curriculum used by schools or consortia.
(4) Emerging technologies.--Assisting schools or
consortia of schools, that do not have the resources to
otherwise provide gifted and talented courses, to
provide the courses through new and emerging
technologies, including distance learning curriculum
packages, except that funds under this part shall not
be used for the purchase or upgrading of technological
hardware.
SEC. 3411. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.
In awarding grants under this part the Secretary shall
ensure, where appropriate, that provision is made for the
equitable participation of students and teachers in private,
nonprofit elementary schools and secondary schools, including
the participation of teachers and other personnel in
professional development programs serving such children.
SEC. 3412. ESTABLISHMENT OF NATIONAL CENTER.
(a) Purpose.--The purposes of a National Center for Research
and Development in the Education of Gifted and Talented
Children and Youth are--
(1) to develop, disseminate, and evaluate model
projects and activities for serving gifted and talented
students;
(2) to conduct research regarding innovative methods
for identifying and educating gifted and talented
students; and
(3) to provide technical assistance programs that
will further the education of gifted and talented
students, including how gifted and talented programs,
where appropriate, may be adapted for use by all
students.
(b) Center Established.--The Secretary shall establish a
National Center for Research and Development in the Education
of Gifted and Talented Children and Youth through grants to or
contracts with 1 or more institutions of higher education,
State educational agencies, or a consortia of such institutions
and agencies.
(c) Director.--The National Center shall have a Director. The
Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon through
arrangements with other institutions of higher education, and
State educational agencies or local educational agencies.
(d) Grandfather Clause.--If the amount appropriated under
section 3404(a) for a fiscal year is $50,000,000 or more, then
the Secretary shall use such amount to continue to make grant
or contract payments to each entity that was awarded a
multiyear grant or contract under section 10204(c) (as such
section was in effect on the day before the date of enactment
of the Educational Opportunities Act) for the duration of the
grant or contract award.
(e) Funding.--The Secretary may use not more than 30 percent
of the funds made available under section 3404(a) for any
fiscal year to carry out this section.
PART D--ARTS IN EDUCATION
Subpart 1--Arts Education
SEC. 3511. SUPPORT FOR ARTS EDUCATION.
(a) Purposes.--The purposes of this subpart are to--
(1) support systemic education reform by
strengthening arts education as an integral part of the
elementary school and secondary school curriculum;
(2) help ensure that all students have the
opportunity to learn to challenging State
contentstandards and challenging State student performance standards in
the arts;
(3) support the national effort to enable all
students to demonstrate competence in the arts in
accordance with the America's Education Goals;
(4) support model partnership programs between
schools and nonprofit cultural organizations designed
to contribute to overall achievement for students and
complement curriculum-based arts instruction in the
classroom; and
(5) support projects and programs in the performing
arts through arrangements with the John F. Kennedy
Center for the Performing Arts, and support model
projects and programs that assure the participation in
the arts and education programs for individuals with
disabilities through VSA Arts.
(b) Eligible Recipients.--In order to carry out the purposes
of this subpart, the Secretary is authorized to award grants
to, or enter into contracts or cooperative agreements with--
(1) State educational agencies;
(2) local educational agencies;
(3) institutions of higher education;
(4) museums and other cultural institutions; and
(5) other public and private agencies, institutions,
and organizations.
(c) Authorized Activities.--Funds under this subpart may be
used for--
(1) the development and dissemination of model arts
education programs or model arts education assessments
based on high standards;
(2) the development and implementation of curriculum
frameworks for arts education;
(3) the development of model preservice and inservice
professional development programs for arts educators
and other instructional staff;
(4) supporting collaborative activities with other
Federal agencies or institutions involved in arts
education, such as the National Endowment for the Arts,
the Institute of Museum and Library Services, the John
F. Kennedy Center for the Performing Arts, VSA Arts,
and the National Gallery of Art;
(5) supporting model projects and programs in the
performing arts for children and youth through
arrangements made with the John F. Kennedy Center for
the Performing Arts;
(6) supporting model projects and programs by VSA
Arts that assure the participation in mainstream
settings in arts and education programs of individuals
with disabilities; and
(7) supporting collaborative projects between
schools, and nonprofit cultural organizations with
expertise in music, dance, literature, theater and the
visual arts, for model school arts programs.
(d) Coordination.--
(1) In general.--A recipient of funds under this
subpart, to the extent possible, shall coordinate
projects assisted under this subpart with appropriate
activities of public and private cultural agencies,
institutions, and organizations, including museums,
arts education associations, libraries, and theaters.
(2) Special rule.--In carrying out this subpart, the
Secretary shall coordinate with the National Endowment
for the Arts, the Institute of Museum and Library
Services, the John F. Kennedy Center for the Performing
Arts, VSA Arts, and the National Gallery of Art.
(e) Authorization.--
(1) In general.--For the purpose of carrying out this
subpart, there are authorized to be appropriated
$25,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
(2) Special rule.--If the amount appropriated under
paragraph (1) for any fiscal year is $10,000,000 or
less, then such amount shall only be available to carry
out the activities described in paragraphs (5) and (6)
of subsection (c).
Subpart 2--Cultural Partnerships for At-Risk Youth
SEC. 3521. PURPOSE.
The purpose of this subpart is to award grants to eligible
entities to improve the educational performance and potential
of at-risk youth by providing comprehensive and coordinated
educational and cultural services.
SEC. 3522. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants
to eligible entities to pay the Federal share of the costs of
the activities described in section 3523.
(b) Special Requirements.--
(1) In general.--The Secretary shall award grants
under this subpart only to eligible entities carrying
out programs designed to--
(A) promote and enhance educational and
cultural activities;
(B) provide multiyear services to at-risk
youth and to integrate community cultural
resources into in-school and after-school
educational programs;
(C) provide integration of community cultural
resources into the regular curriculum and
school day;
(D) focus school and cultural resources in
the community on coordinated cultural services
to address the needs of at-risk youth;
(E) provide effective cultural programs to
facilitate the transition from preschool
programs to elementary school programs,
including programs under the Head Start Act and
part C of the Individuals with Disabilities
Education Act;
(F) facilitate school-to-work transition from
secondary schools and alternative schools to
job training, higher education and employment
through educational programs and activities
that utilize school resources;
(G) increase parental and community
involvement in the educational, social, and
cultural development of at-risk youth; or
(H)(i) develop programs and strategies that
provide high-quality coordinated educational
and cultural services; and
(ii) provide a model to replicate such
services in other schools and communities.
(2) Partnership.--An interagency partnership
comprised of the Secretary, the Chairman of the
National Endowment for the Humanities, the Chairman of
the National Endowment for the Arts, and the Director
of the Institute of Museum and Library Services, or
their designees, shall establish criteria and
procedures for awarding grants, including the
establishment of panels to review the applications, and
shall administer the grants program authorized by this
section. The Secretary shall publish such criteria and
procedures in the Federal Register.
(3) Coordination.--Grants may only be awarded under
this subpart to eligible entities that agree to
coordinate activities carried out under other Federal,
State, and local grants, received by the members of the
partnership for purposes and target populations
described in this subpart, into an integrated service
delivery system located at a school, cultural, or other
community-based site accessible to and utilized by at-
risk youth.
(4) Eligible entities.--For purposes of this subpart,
the term `eligible entity' means a partnership between
or among--
(A)(i) one or more local educational
agencies; or
(ii) one or more individual schools that are
eligible to participate in a schoolwide program
under section 1114; and
(B) at least 1 institution of higher
education, museum, local arts agency, or
nonprofit cultural organization or institution
with expertise in music, dance, theater,
creative writing, or visual arts, that is
accessible to individuals within the school
district of such local educational agency or
school, and that has a history of providing
quality services to the community, which may
include--
(i) nonprofit institutions of higher
education, museums, libraries,
performing, presenting and exhibiting
arts organizations, literary arts
organizations, State and local arts
organizations, cultural institutions,
and zoological and botanical
organizations; or
(ii) private for-profit entities with
a history of training youth in the
arts.
(5) Geographic distribution.--In awarding grants
under this subpart the Secretary, to the extent
feasible, shall ensure an equitable geographic
distribution of the grants.
(6) Duration.--Grants made under this subpart may be
renewable for a maximum of 5 years if the Secretary
determines that the eligible recipient has made
satisfactory progress toward the achievement of the
program objectives described in the application.
(7) Models.--The Secretary, in consultation with the
Chairman of the National Endowment for the Humanities,
the Chairman of the National Endowment for the Arts,
and the Director of the Institute of Museum and Library
Services, or their designees, shall submit successful
models developed under this subpart to the National
Diffusion Network for review.
(c) Target Population.--To be eligible for a grant under this
subpart an eligible entity shall support activities under this
part that serve--
(1) students enrolled in schools participating in a
schoolwide program under section 1114 and the families
of such students to the extent practicable;
(2) out-of-school at-risk youth; or
(3) a combination of in-school and out-of-school at-
risk youth.
SEC. 3523. AUTHORIZED ACTIVITIES.
(a) In General.--Grants awarded under this subpart may be
used--
(1) to develop, acquire, implement, and expand
school-based coordinated educational and cultural
programs to strengthen the educational performance and
potential of in-school or out-of-school at-risk youth
through grants, cooperative agreements or contracts, or
through the provision of services;
(2) to provide at-risk youth with integrated cultural
activities designed to improve academic achievement and
the transition of such students to all levels of
education from prekindergarten to secondary school and
beyond;
(3) to work with school personnel on staff
development activities that--
(A) encourage the integration of arts into
the curriculum; and
(B) to the greatest extent practicable, are
tied to challenging State content standards and
challenging State student performance
standards;
(4) for cultural programs that encourage the active
participation of parents in the education of their
children; and
(5) for assistance that allows local artists to work
with at-risk youth in schools.
(b) Applications.--
(1) In general.--Each eligible entity desiring a
grant under this subpart shall submit an application to
the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the cultural entity or entities
that will participate in the partnership;
(B) describe the target population to be
served;
(C) describe the services to be provided;
(D) describe a plan for evaluating the
success of the program;
(E) in the case of each local educational
agency or school participating in the
partnership, describe how the activities
assisted under this subpart will be perpetuated
beyond the duration of the grant;
(F) describe the manner in which the eligible
entity will improve the educational achievement
or potential of at-risk youththrough more
effective coordination of cultural services in the community;
(G) describe the overall and operational
goals of the program;
(H) describe the nature and location of all
planned sites where services will be delivered
and a description of services which will be
provided at each site; and
(I) describe training that will be provided
to individuals who are not trained to work with
youth, and how teachers will be involved.
SEC. 3524. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.
(a) Payments.--
(1) In general.--The Secretary shall pay to each
eligible recipient having an application approved under
section 3523(b) the Federal share of the cost of the
activities described in the application.
(2) Special rule.--
(A) In general.--Grants awarded under this
subpart shall be of sufficient size, scope, and
quality to be effective.
(B) Nonduplication.--The Secretary shall
award grants under this subpart so as to ensure
nonduplication of services provided by grant
recipients and services provided by--
(i) the National Endowment for the
Humanities;
(ii) the National Endowment for the
Arts; and
(iii) the Institute of Museum and
Library Services.
(b) Cost Share.--
(1) Federal share.--The Federal share of the cost of
activities assisted under a grant under this subpart
shall be 80 percent of the cost of carrying out the
activities.
(2) Non-federal share.--The non-Federal share of the
cost of activities assisted under a grant under this
subpart shall be 20 percent of the cost of carrying out
the activities, and may be provided in cash or in kind,
fairly evaluated, including the provision of equipment,
services, or facilities.
(c) Limitations.--
(1) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not
supplant the amount of funds made available from non-
Federal sources, for the activities assisted under this
subpart, in amounts that exceed the amounts expended
for such activities in the year preceding the year for
which the grant is awarded.
(2) Evaluation; replication; administrative costs.--
(A) Secretary.--The Secretary may reserve not
more than 5 percent of the grant funds received
under this subpart in each fiscal year for the
costs of evaluation and replication of programs
funded under this subpart.
(B) Eligible recipients.--Each eligible
recipient may reserve not more than 5 percent
of any grant funds received under this subpart
in each fiscal year for the costs of
administration, including review and evaluation
of each program assisted under this subpart.
SEC. 3525. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
PART E--ADVANCED PLACEMENT PROGRAMS
SEC. 3601. SHORT TITLE.
This part may be cited as the ``Access to High Standards
Act''.
SEC. 3602. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) far too many students are not being provided
sufficient academic preparation in secondary school,
which results in limited employment opportunities,
college dropout rates of over 25 percent for the first
year of college, and remediation for almost one-third
of incoming college freshmen;
(2) there is a growing consensus that raising
academic standards, establishing high academic
expectations, and showing concrete results are at the
core of improving public education;
(3) modeling academic standards on the well-known
program of advanced placement courses is an approach
that many education leaders and almost half of all
States have endorsed;
(4) advanced placement programs already are providing
30 different college-level courses, serving almost 60
percent of all secondary schools, reaching over
1,000,000 students (of whom 80 percent attend public
schools, 55 percent are females, and 30 percent are
minorities), and providing test scores that are
accepted for college credit at over 3,000 colleges and
universities, every university in Germany, France, and
Austria, and most institutions in Canada and the United
Kingdom;
(5) 24 States are now funding programs to increase
participation in advanced placement programs, including
19 States that provide funds for advanced placement
teacher professional development, 3 States that require
that all public secondary schools offer advanced
placement courses, 10 States that pay the fees for
advanced placement tests for some or all students, and
4 States that require that their public universities
grant uniform academic credit for scores of 3 or better
on advanced placement tests; and
(6) the State programs described in paragraph (5)
have shown the responsiveness of schools and students
to such programs, raised the academic standards for
both students participating in such programs and other
children taught by teachers who are involved in
advanced placement courses, and shown tremendous
success in increasing enrollment, achievement, and
minority participation in advanced placement programs.
(b) Purposes.--The purposes of this part are--
(1) to encourage more of the 600,000 students who
take advanced placement courses but do not take
advanced placement exams each year to demonstrate their
achievements through taking the exams;
(2) to build on the many benefits of advanced
placement programs for students, which benefits may
include the acquisition of skills that are important to
many employers, Scholastic Aptitude Tests (SAT) scores
that are 100 points above the national averages, and
the achievement of better grades in secondary school
and in college than the grades of students who have not
participated in the programs;
(3) to support State and local efforts to raise
academic standards through advanced placement programs,
and thus further increase the number of students who
participate and succeed in advanced placement programs;
(4) to increase the availability and broaden the
range of schools that have advanced placement programs,
which programs are still often distributed unevenly
among regions, States, and even secondary schools
within the same school district, while also increasing
and diversifying student participation in the programs;
(5) to build on the State programs described in
subsection (a)(5) and demonstrate that larger and more
diverse groups of students can participate and succeed
in advanced placement programs;
(6) to provide greater access to advanced placement
courses for low-income and other disadvantaged
students;
(7) to provide access to advanced placement courses
for secondary school juniors at schools that do not
offer advanced placement programs, increase the rate of
secondary school juniors and seniors who participate in
advanced placement courses to 25 percent of the
secondary school student population, and increase the
numbers of students who receive advanced placement test
scores for which college academic credit is awarded;
and
(8) to increase the participation of low-income
individuals in taking advanced placement tests through
the payment or partial payment of the costs of the
advanced placement test fees.
SEC. 3603. FUNDING DISTRIBUTION RULE.
From amounts appropriated under section 3608 for a fiscal
year, the Secretary shall give first priority to funding
activities under section 3606, and shall distribute any
remaining funds not so applied according to the following
ratio:
(1) Seventy percent of the remaining funds shall be
available to carry out section 3604.
(2) Thirty percent of the remaining funds shall be
available to carry out section 3605.
SEC. 3604. ADVANCED PLACEMENT PROGRAM GRANTS.
(a) Grants Authorized.--
(1) In general.--From amounts appropriated under
section 3608 and made available under section 3603(1)
for a fiscal year, the Secretary shall award grants, on
a competitive basis, to eligible entities to enable the
eligible entities to carry out the authorized
activities described in subsection (c).
(2) Duration and payments.--
(A) Duration.--The Secretary shall award a
grant under this section for a period of 3
years.
(B) Payments.--The Secretary shall make grant
payments under this section on an annual basis.
(3) Definition of eligible entity.--In this section,
the term ``eligible entity'' means a State educational
agency, or a local educational agency, in the State.
(b) Priority.--In awarding grants under this section the
Secretary shall give priority to eligible entities submitting
applications under subsection (d) that demonstrate--
(1) a pervasive need for access to advanced placement
incentive programs;
(2) the involvement of business and community
organizations in the activities to be assisted;
(3) the availability of matching funds from State or
local sources to pay for the cost of activities to be
assisted;
(4) a focus on developing or expanding advanced
placement programs and participation in the core
academic areas of English, mathematics, and science;
and
(5)(A) in the case of an eligible entity that is a
State educational agency, the State educational agency
carries out programs in the State that target--
(i) local educational agencies serving
schools with a high concentration of low-income
students; or
(ii) schools with a high concentration of
low-income students; or
(B) in the case of an eligible entity that is a local
educational agency, the local educational agency serves
schools with a high concentration of low-income
students.
(c) Authorized Activities.--An eligible entity may use grant
funds under this section to expand access for low-income
individuals to advanced placement incentive programs that
involve--
(1) teacher training;
(2) preadvanced placement course development;
(3) curriculum coordination and articulation between
grade levels that prepare students for advanced
placement courses;
(4) curriculum development;
(5) books and supplies; and
(6) any other activity directly related to expanding
access to and participation in advanced placement
incentive programs particularly for low-income
individuals.
(d) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information
as the Secretary may require.
(e) Data Collection and Reporting.--
(1) Data collection.--Each eligible entity receiving
a grant under this section shall annually report to the
Secretary--
(A) the number of students taking advanced
placement courses who are served by the
eligible entity;
(B) the number of advanced placement tests
taken by students served by the eligible
entity;
(C) the scores on the advanced placement
tests; and
(D) demographic information regarding
individuals taking the advanced placement
courses and tests disaggregated by race,
ethnicity, sex, English proficiency status, and
socioeconomic status.
(2) Report.--The Secretary shall annually compile the
information received from each eligible entity under
paragraph (1) and report to Congress regarding the
information.
SEC. 3605. ON-LINE ADVANCED PLACEMENT COURSES.
(a) Grants Authorized.--From amounts appropriated under
section 3608 and made available under section 3603(2) for a
fiscal year, the Secretary shall award grants to State
educational agencies to enable such agencies to award grants to
local educational agencies to provide students with on-line
advanced placement courses.
(b) State Educational Agency Applications.--
(1) Application required.--Each State educational
agency desiring a grant under this section shall submit
an application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may require.
(2) Award basis.--The Secretary shall award grants
under this section on a competitive basis.
(c) Grants to Local Educational Agencies.--Each State
educational agency receiving a grant award under subsection (b)
shall award grants to local educational agencies within the
State to carry out activities described in subsection (e). In
awarding grants under this subsection, the State educational
agency shall give priority to local educational agencies that--
(1) serve high concentrations of low-income students;
(2) serve rural areas; and
(3) the State educational agency determines would not
have access to on-line advanced placement courses
without assistance provided under this section.
(d) Contracts.--A local educational agency that receives a
grant under this section may enter into a contract with a
nonprofit or for-profit organization to provide the on-line
advanced placement courses, including contracting for necessary
support services.
(e) Uses.--Grant funds provided under this section may be
used to purchase the on-line curriculum, to train teachers with
respect to the use of on-line curriculum, or to purchase course
materials.
SEC. 3606. ADVANCED PLACEMENT INCENTIVE PROGRAM.
(a) Grants Authorized.--From amounts appropriated under
section 3608 and made available under section 3603 for a fiscal
year, the Secretary shall award grants to State educational
agencies having applications approved under subsection (c) to
enable the State educational agencies to reimburse low-income
individuals to cover part or all of the costs of advanced
placement test fees, if the low-income individuals--
(1) are enrolled in an advanced placement class; and
(2) plan to take an advanced placement test.
(b) Award Basis.--In determining the amount of the grant
awarded to each State educational agency under this section for
a fiscal year, the Secretary shall consider the number of
children eligible to be counted under section 1124(c) in the
State in relation to the number of such children so counted in
all the States.
(c) Information Dissemination.--A State educational agency
shall disseminate information regarding the availability of
advanced placement test fee payments under this section to
eligible individuals through secondary school teachers and
guidance counselors.
(d) Applications.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. At a minimum, each
State educational agency application shall--
(1) describe the advanced placement test fees the
State educational agency will pay on behalf of low-
income individuals in the State from grant funds made
available under this section;
(2) provide an assurance that any grant funds
received under this section, other than funds used in
accordance with subsection (e), shall be used only to
pay for advanced placement test fees; and
(3) contain such information as the Secretary may
require to demonstrate that the State will ensure that
a student is eligible for payments under this section,
including documentation required underchapter 1 of
subpart 2 of part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a-11 et seq.).
(e) Additional Uses of Funds.--If each eligible low-income
individual in a State pays not more than a nominal fee to take
an advanced placement test in a core subject, then a State
educational agency may use grant funds made available under
this section that remain after advanced placement test fees
have been paid on behalf of all eligible low-income individuals
in the State, for activities directly related to increasing--
(1) the enrollment of low-income individuals in
advanced placement courses;
(2) the participation of low-income individuals in
advanced placement courses; and
(3) the availability of advanced placement courses in
schools serving high-poverty areas.
(f) Supplement, Not Supplant.--Grant funds provided under
this section shall supplement, and not supplant, other non-
federal funds that are available to assist low-income
individuals in paying for the cost of advanced placement test
fees.
(g) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
(h) Report.--Each State educational agency annually shall
report to the Secretary information regarding--
(1) the number of low-income individuals in the State
who received assistance under this section; and
(2) any activities carried out pursuant to subsection
(e).
(i) Definitions.--In this section:
(1) Advanced placement test.--The term ``advanced
placement test'' includes only an advanced placement
test approved by the Secretary for the purposes of this
section.
(2) Low-income individual.--The term ``low-income
individual'' has the meaning given the term in section
402A(g)(2) of the Higher Education Act of 1965 (20
U.S.C. 1070a-11(g)(2)).
SEC. 3607. DEFINITIONS.
In this part:
(1) Advanced placement incentive program.--The term
``advanced placement incentive program'' means a
program that provides advanced placement activities and
services to low-income individuals.
(2) Advanced placement test.--The term ``advanced
placement test'' means an advanced placement test
administered by the College Board or approved by the
Secretary.
(3) High concentration of low-income students.--The
term ``high concentration of low-income students'',
used with respect to a State educational agency, local
educational agency or school, means an agency or
school, as the case may be, that serves a student
population 40 percent or more of whom are from families
with incomes below the poverty level, as determined in
the same manner as the determination is made under
section 1124(c)(2).
(4) Low-income individual.--The term ``low-income
individual'' means, other than for purposes of section
3606, a low-income individual (as defined in section
402A(g)(2) of the Higher Education Act of 1965 (20
U.S.C. 1070a-11(g)(2)) who is academically prepared to
take successfully an advanced placement test as
determined by a school teacher or advanced placement
coordinator taking into consideration factors such as
enrollment and performance in an advanced placement
course or superior academic ability.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(6) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $50,000,000 for fiscal year 2001,
and such sums as may be necessary for each of the 4 succeeding
fiscal years.
[TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
[SEC. 4001. [20 U.S.C. 7101] SHORT TITLE.
[This title may be cited as the ``Safe and Drug-Free Schools
and Communities Act of 1994''.
[SEC. 4002. [20 U.S.C. 7102] 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. [20 U.S.C. 7103] 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. [20 U.S.C. 7104] 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. [20 U.S.C. 7111] 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 ofsuch 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. [20 U.S.C. 7112] 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. [20 U.S.C. 7113] 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. [20 U.S.C. 7114] 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. [20 U.S.C. 7115] 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. [20 U.S.C. 7116] 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. [20 U.S.C. 7118] 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. [20 U.S.C. 7118] 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. [20 U.S.C. 7131] 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.
[Section 4122 was repealed by section 981 of Public Law 105-
244 (105 Stat. 1837).]
[SEC. 4123. [20 U.S.C. 7133] 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. [20 U.S.C. 7141] 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. [20 U.S.C. 7142] 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. [20 U.S.C. 7143] 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. [20 U.S.C. 7144] 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 IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
PART A--STATE GRANTS
SEC. 4001. SHORT TITLE.
This part may be cited as the ``Safe and Drug-Free Schools
and Communities Act of 1994''.
SEC. 4002. FINDINGS.
Congress makes the following findings:
(1) Every student should attend a school in a drug-
and violence-free learning environment.
(2) The widespread illegal use of alcohol and drugs
among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to such students' physical
and mental well-being, and significantly impedes the
learning process. For example, data show that students
who drink tend to receive lower grades and are more
likely to miss school because of illness than students
who do not drink.
(3) Drug and violence prevention programs are
essential components of a comprehensive strategy to
promote school safety, youth development, positive
school outcomes, and to reduce the demand for and
illegal use of alcohol, tobacco and drugs throughout
the Nation. Schools, local organizations, parents,
students, and communities throughout the Nation have a
special responsibility to work together to combat the
continuing epidemic of violence and illegal drug use
and should measure the success of their programs
against clearly defined goals and objectives.
(4) Drug and violence prevention programs are most
effective when implemented within a research-based,
drug and violence prevention framework of proven
effectiveness.
(5) Research clearly shows that community contexts
contribute to substance abuse and violence.
(6) Substance abuse and violence are intricately
related and must be dealt with in a holistic manner.
(7) Research has documented that parental behavior
and environment directly influence a child's
inclination to use alcohol, tobacco or drugs.
SEC. 4003. PURPOSE.
The purpose of this part is to support programs that prevent
violence in and around schools and prevent the illegal use of
alcohol, tobacco, and drugs, involve parents, and are
coordinated with related Federal, State, school, and community
efforts and resources, through the provision of Federal
assistance to--
(1) States for grants to local educational agencies
and educational service agencies and consortia of such
agencies to establish, operate, and improve local
programs of school drug and violence prevention, early
intervention, rehabilitation referral, and education in
elementary and secondary schools for the development
and implementation of policies that set clear and
appropriate standards regarding the illegal use of
alcohol, tobacco and drugs, and for violent behavior
(including intermediate and junior high schools);
(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for
programs of drug and violence prevention including
community mobilization, early intervention,
rehabilitation referral, and education;
(3) States for development, training, technical
assistance, and coordination activities; and
(4) public and private nonprofit organizations to
provide technical assistance, conduct training,
demonstrations, and evaluation, and to provide
supplementary services and community mobilization
activities for the prevention of drug use and violence
among students and youth.
SEC. 4004. FUNDING.
There are authorized to be appropriated--
(1) $700,000,000 for fiscal year 2001, and such sums
as may be necessary for each of the 4 succeeding fiscal
years, for State grants under subpart 1;
(2) $150,000,000 for fiscal year 2001, and such sums
as may be necessary for each of the 4 succeeding fiscal
years, for national programs under subpart 2; and
(3) $75,000,000 for fiscal year 2001, and such sums
as may be necessary for each of the 4 succeeding fiscal
years, for the National Coordinator Initiative under
section 4122.
Subpart 1--State Grants for Drug and Violence Prevention Programs
SEC. 4111. RESERVATIONS AND ALLOTMENTS.
(a) Reservations.--From the amount made available under
section 4004(1) to carry out this subpart for each fiscal year,
the Secretary--
(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, to be allotted in accordance with the
Secretary's determination of their respective needs;
(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under
this part for Indian youth;
(3) may reserve not more than $2,000,000 for the
national impact evaluation required by section 4117(a);
and
(4) shall reserve 0.2 percent of such amount for
programs for Native Hawaiians under section 4118.
(b) State Allotments.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall, for each fiscal year, allocate
among the States--
(A) one-half of the remainder not reserved
under subsection (a) according to the ratio
between the school-aged population of each
State and the school-aged population of all the
States; and
(B) one-half of such remainder according to
the ratio between the amount each State
received under section 1124A for the preceding
year and the sum of such amounts received by
all the States.
(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less
than one-half of 1 percent of the total amount allotted
to all the States under this subsection.
(3) Reallotment.--The Secretary may reallot any
amount of any allotment to a State if the Secretary
determines that the State will be unable to use such
amount within 2 years of such allotment. Such
reallotments shall be made on the same basis as
allotments are made under paragraph (1).
(4) Definitions.--In this subsection:
(A) State.--The term ``State'' means each of
the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(B) Local educational agency.--The term
``local educational agency'' includes
educational service agencies and consortia of
such agencies.
(c) Limitation.--Amounts appropriated under section 4004(2)
for a fiscal year may not be increased above the amounts
appropriated under such section for the previous fiscal year
unless the amounts appropriated under section 4004(1) for the
fiscal year involved are at least 10 percent greater that the
amounts appropriated under such section 4004(1) for the
previous fiscal year.
SEC. 4112. STATE APPLICATIONS.
(a) In General.--In order to receive an allotment under
section 4111 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
(1) contains a comprehensive plan for the use of
funds by the State educational agency and the chief
executive officer to provide safe, orderly, and drug-
free schools and communities;
(2) contains the results of the State's needs
assessment for drug and violence prevention programs,
which shall be based on the results of on-going State
evaluation activities, including data on the incidence
and prevalence, age of onset, perception of health
risk, and perception of social disapproval of drug use
and violence by youth in schools and communities and
the prevalence of risk or protective factors, buffers
or assets or other research-based variables in the
school and community;
(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed together, with each such officer or State
representative, in consultation and coordination with
appropriate State officials and others, including the
chief State school officer, the chief executive
officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State criminal justice
planning agency, the head of the State child welfare
agency, the head of the State board of education, or
their designees, and representatives of parents,
students, and community-based organizations;
(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in conducting
a national impact evaluation of programs required by
section 4117(a);
(5) contains assurances that the State education
agency and the Governor will develop their respective
applications in consultation with an advisory council
that includes, to the extent practicable,
representatives from school districts, businesses,
parents, youth, teachers, administrators, pupil
services personnel, private schools, appropriate State
agencies, community-based organization, the medical
profession, law enforcement, the faith-based community
and other groups with interest and expertise in
alcohol, tobacco, drug, and violence prevention;
(6) contains assurances that the State education
agency and the Governor involve the representatives
described in paragraph (5), on an ongoing basis, to
review program evaluations and other relevant material
and make recommendations to the State education agency
and the Governor on how to improve their respective
alcohol, tobacco, drug, and violence prevention
programs;
(7) contains a list of the State's results-based
performance measures for drug and violence prevention,
that shall--
(A) be focused on student behavior and
attitudes and be derived from the needs
assessment;
(B) include targets and due dates for the
attainment of such performance measures; and
(C) include a description of the procedures
that the State will use to inform local
educational agencies of such performance
measures for assessing and publicly reporting
progress toward meeting such measures or
revising them as needed; and
(8) includes any other information the Secretary may
require.
(b) State Educational Agency Funds.--A State's application
under this section shall also contain a comprehensive plan for
the use of funds under section 4113(a) by the State educational
agency that includes--
(1) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local
educational agencies in accordance with section 4116;
(2) a description of how the State educational agency
will use funds under section 4113(b), including how the
agency will receive input from parents regarding the
use of such funds;
(3) a description of how the State educational agency
will coordinate such agency's activities underthis
subpart with the chief executive officer's drug and violence prevention
programs under this subpart and with the prevention efforts of other
State agencies; and
(4) a description of the procedures the State
educational agency will use to review applications from
and allocate funding to local educational agencies
under section 4115 and how such review will receive
input from parents.
(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use of
funds under section 4114(a) by the chief executive officer that
includes, with respect to each activity to be carried out by
the State--
(1) a description of how the chief executive officer
will coordinate such officer's activities under this
part with the State educational agency and other State
agencies and organizations involved with drug and
violence prevention efforts;
(2) a description of how funds reserved under section
4114(a) will be used so as not to duplicate the efforts
of the State educational agency and local educational
agencies with regard to the provision of school-based
prevention efforts and services and how those funds
will be used to serve populations not normally served
by the State educational agency, such as school
dropouts and youth in detention centers;
(3) a description of how the chief executive officer
will award funds under section 4114(a) and a plan for
monitoring the performance of, and providing technical
assistance to, recipients of such funds;
(4) a description of the special outreach activities
that will be carried out to maximize the participation
of community-based nonprofit organizations of
demonstrated effectiveness which provide services in
low-income communities;
(5) a description of how funds will be used to
support community-wide comprehensive drug and violence
prevention planning and community mobilization
activities; and
(6) a specific description of how input from parents
will be sought regarding the use of funds under section
4114(a).
(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal year
2000 a 1-year interim application and plan for the use of funds
under this subpart that are consistent with the requirements of
this section and contain such information as the Secretary may
specify in regulations. The purpose of such interim application
and plan shall be to afford the State the opportunity to fully
develop and review such State's application and comprehensive
plan otherwise required by this section. A State may not
receive a grant under this subpart for a fiscal year subsequent
to fiscal year 2000 unless the Secretary has approved such
State's application and comprehensive plan in accordance with
this subpart.
SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
(a) Use of Funds.--An amount equal to 80 percent of the total
amount allocated to a State under section 4111 for each fiscal
year shall be used by the State educational agency and its
local educational agencies for drug and violence prevention
activities in accordance with this section.
(b) State Level Programs.--
(1) In general.--A State educational agency shall use
not more than 5 percent of the amount available under
subsection (a) for activities such as--
(A) voluntary training and technical
assistance concerning drug and violence
prevention for local educational agencies and
educational service agencies, including
teachers, administrators, coaches and athletic
directors, other staff, parents, students,
community leaders, health service providers,
local law enforcement officials, and judicial
officials;
(B) the development, identification,
dissemination, and evaluation of the most
readily available, accurate, and up-to-date
drug and violence prevention curriculum
materials (including videotapes, software, and
other technology-based learning resources), for
consideration by local educational agencies;
(C) making available to local educational
agencies cost effective research-based programs
for youth violence and drug abuse prevention;
(D) demonstration projects in drug and
violence prevention, including service-learning
projects;
(E) training, technical assistance, and
demonstration projects to address violence
associated with prejudice and intolerance;
(F) financial assistance to enhance resources
available for drug and violence prevention in
areas serving large numbers of economically
disadvantaged children or sparsely populated
areas, or to meet other special needs
consistent with the purposes of this subpart;
and
(G) the evaluation of activities carried out
within the State under this part.
(2) Special rule.--A State educational agency may
carry out activities under this subsection directly, or
through grants or contracts.
(c) State Administration.--
(1) In general.--A State educational agency may use
not more than 5 percent of the amount reserved under
subsection (a) for the administrative costs of carrying
out its responsibilities under this part.
(2) Uniform management information and reporting
system.--In carrying out its responsibilities under
this part, a State shall implement a uniform management
information and reporting system that includes
information on the types of curricula, programs and
services provided by the State, Governor, local
education agencies, and other recipients of funds under
this title.
(d) Local Educational Agency Programs.--
(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to
local educational agencies in accordance with this
subsection.
(2) Distribution.--A State educational agency shall
distribute amounts under paragraph (1) in accordance
with any one of the following subparagraphs:
(A) Enrollment and combination approach.--Of
the amount distributed under paragraph (1), a
State educational agency shall distribute--
(i) at least 70 percent of such
amount to local educational agencies,
based on the relative enrollments in
public and private nonprofit elementary
and secondary schools within the
boundaries of such agencies; and
(ii) not to exceed 30 percent of any
amounts remaining after amounts are
distributed under clause (i)--
(I) to each local educational
agency in an amount determined
appropriate by the State
education agency; or
(II) to local educational
agencies that the State
education agency determines
have the greatest need for
additional funds to carry out
drug and violence prevention
programs authorized by this
subpart.
(B) Competitive and need approach.--Of the
amount distributed under paragraph (1), a State
educational agency shall distribute--
(i) not to exceed 70 percent of such
amount to local educational agencies
that the State agency determines,
through a competitive process, have the
greatest need for funds to carry out
drug and violence prevention programs
based on criteria established by the
State agency and authorized under this
subpart; and
(ii) at least 30 percent of any
amounts remaining after amounts are
distributed under clause (i) to local
education agencies that the State
agency determines have a need for
additional funds to carry out the
program authorized under this subpart.
(3) Consideration of objective data.--For purposes of
paragraph (2), in determining which local educational
agencies have the greatest need for funds, the State
educational agency shall consider objective data which
may include--
(A) high or increasing rates of alcohol or
drug use among youth;
(B) high or increasing rates of victimization
of youth by violence and crime;
(C) high or increasing rates of arrests and
convictions of youth for violent or drug- or
alcohol-related crime;
(D) the extent of illegal gang activity;
(E) high or increasing incidence of violence
associated with prejudice and intolerance;
(F) high or increasing rates of referrals of
youths to drug and alcohol abuse treatment and
rehabilitation programs;
(G) high or increasing rates of referrals of
youths to juvenile court;
(H) high or increasing rates of expulsions
and suspensions of students from schools;
(I) high or increasing rates of reported
cases of child abuse and domestic violence; and
(J) high or increasing rates of drug related
emergencies or deaths.
(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to such
agency under subsection (d), or if such agency's application
under section 4115 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of its other local educational agencies.
(f) Return of Funds to State Educational Agency;
Reallocation.--
(1) Return.--Except as provided in paragraph (2),
upon the expiration of the 1-year period beginning on
the date that a local educational agency or educational
service agency under this title receives its allocation
under this title--
(A) such agency shall return to the State
educational agency any funds from such
allocation that remain unobligated; and
(B) the State educational agency shall
reallocate any such amount to local educational
agencies or educational service agencies that
have plans for using such amount for programs
or activities on a timely basis.
(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
(A) an amount equal to not more than 25
percent of the allocation it receives under
this title for such fiscal year; or
(B) upon a demonstration of good cause by
such agency or consortium, a greater amount
approved by the State educational agency.
SEC. 4114. GOVERNOR'S PROGRAMS.
(a) Use of Funds.--
(1) In general.--An amount equal to 20 percent of the
total amount allocated to a State under section
4111(b)(1) for each fiscal year shall be used by the
chief executive officer of such State for drug and
violence prevention programs and activities in
accordance with this section.
(2) Administrative costs.--A chief executive officer
may use not more than 5 percent of the 20 percent
described in paragraph (1) for the administrative costs
incurred in carrying out the duties of such officer
under this section. The chief executive officer of a
State may use amounts under this paragraph to award
grants to State, county, or local law enforcement
agencies, including district attorneys, in consultation
with local education agencies or community-based
agencies, for the purposes of carrying out drug abuse
and violence prevention activities.
(b) State plan.--Amounts shall be used under this section in
accordance with a State plan submitted by the chief executive
office of the State. Such State plan shall contain--
(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend schools in the State
(including private school students who participate in
the States's drug and violence prevention programs)
that is based on ongoing local assessment or evaluation
activities;
(2) an analysis, based on data reasonably available
at the time, of the prevalence of risk or protective
factors, buffers or assets or other research-based
variables in schools and communities in the State;
(3) a description of the research-based strategies
and programs, which shall be used to prevent or reduce
drug use, violence, or disruptive behavior, which shall
include--
(A) a specification of the objectively
measurable goals, objectives, and activities
for the program;
(B) a specification for how risk factors, if
any, which have been identified will be
targeted through research-based programs; and
(C) a specification for how protective
factors, buffers, or assets, if any, will be
targeted through research-based programs;
(4) a specification for the method or methods by
which measurements of program goals will be achieved;
and
(5) a specification for how the evaluation of the
effectiveness of the prevention program will be
assessed and how the results will be used to refine,
improve, and strengthen the program.
(c) Programs Authorized.--
(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) directly
for grants to or contracts with parent groups, schools,
community action and job training agencies, community-
based organizations, community anti-drug coalitions,
law enforcement education partnerships, and other
public entities and private nonprofit organizations and
consortia thereof. In making such grants and contracts,
a chief executive officer shall give priority to
programs and activities described in subsection (d)
for--
(A) children and youth who are not normally
served by State or local educational agencies;
or
(B) populations that need special services or
additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
(2) Peer review.--Grants or contracts awarded under
this subsection shall be subject to a peer review
process.
(d) Authorized Activities.--Grants and contracts under
subsection (c) shall be used to carry out the comprehensive
State plan as required under section 4112(a)(1) through
programs and activities such as--
(1) disseminating information about drug and violence
prevention;
(2) the voluntary training of parents, law
enforcement officials, judicial officials, social
service providers, health service providers and
community leaders about drug and violence prevention,
health education (as it relates to drug and violence
prevention), early intervention, pupil services, or
rehabilitation referral;
(3) developing and implementing comprehensive,
community-based drug and violence prevention programs
that link community resources with schools and
integrate services involving education, vocational and
job skills training and placement, law enforcement,
health, mental health, community service, service-
learning, mentoring, and other appropriate services;
(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of
State agencies with efforts of the State educational
agency and its local educational agencies;
(5) activities to protect students traveling to and
from school;
(6) before-and-after school recreational,
instructional, cultural, and artistic programs that
encourage drug- and violence-free lifestyles;
(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
(8) developing and implementing activities to prevent
and reduce violence associated with prejudice and
intolerance;
(9) developing and implementing strategies to prevent
illegal gang activity;
(10) coordinating and conducting school and
community-wide violence and safety and drug abuse
assessments and surveys;
(11) service-learning projects that encourage drug-
and violence-free lifestyles;
(12) evaluating programs and activities assisted
under this section;
(13) developing and implementing community
mobilization activities to undertake environmental
change strategies related to substance abuse and
violence; and
(14) partnerships between local law enforcement
agencies, including district attorneys, and local
education agencies or community-based agencies.
SEC. 4115. LOCAL APPLICATIONS.
(a) Application Required.--
(1) In general.--In order to be eligible to receive a
distribution under section 4113(d) for any fiscal year,
a local educational agency shall submit, at such time
as the State educational agency requires, an
application to the State educational agency for
approval. Such an application shall be amended, as
necessary, to reflect changes in the local educational
agency's program.
(2) Development.--
(A) Consultation.--A local educational agency
shall develop its application under subsection
(a)(1) in consultation with a local or substate
regional advisory council that includes, to the
extent possible, representatives of local
government, business, parents, students,
teachers, pupil services personnel, appropriate
State agencies, private schools, the medical
profession, law enforcement, community-based
organizations, and other groups with interest
and expertise in drug and violence prevention.
(B) Duties of advisory council.--In addition
to assisting the local educational agency to
develop an application under this section, the
advisory council established or designatedunder
subparagraph (A) shall, on an ongoing basis--
(i) disseminate information about
research-based drug and violence
prevention programs, projects, and
activities conducted within the
boundaries of the local educational
agency;
(ii) advise the local educational
agency regarding how best to coordinate
such agency's activities under this
subpart with other related programs,
projects, and activities;
(iii) ensure that a mechanism is in
place to enable local educational
agencies to have access to up-to-date
information concerning the agencies
that administer related programs,
projects, and activities and any
changes in the law that alter the
duties of the local educational
agencies with respect to activities
conducted under this subpart; and
(iv) review program evaluations and
other relevant material and make
recommendations on an active and
ongoing basis to the local educational
agency on how to improve such agency's
drug and violence prevention programs.
(b) Contents of Applications.--An application under this
section shall contain--
(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and
controlled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend the schools of the applicant
(including private school students who participate in
the applicant's drug and violence prevention program)
that is based on ongoing local assessment or evaluation
activities;
(2) an analysis, based on data reasonably available
at the time, of the prevalence of risk or protective
factors, buffers or assets or other research-based
variables in the school and community;
(3) a description of the research-based strategies
and programs, which shall be used to prevent or reduce
drug use, violence, or disruptive behavior, which shall
include--
(A) a specification of the objectively
measurable goals, objectives, and activities
for the program, which shall include--
(i) reductions in the use of alcohol,
tobacco, and illicit drugs and violence
by youth;
(ii) specific reductions in the
prevalence of identified risk factors;
(iii) specific increases in the
prevalence of protective factors,
buffers, or assets if any have been
identified; or
(iv) other research-based goals,
objectives, and activities that are
identified as part of the application
that are not otherwise covered under
clauses (i) through (iii);
(B) a specification for how risk factors, if
any, which have been identified will be
targeted through research-based programs; and
(C) a specification for how protective
factors, buffers, or assets, if any, will be
targeted through research-based programs;
(4) a specification for the method or methods by
which measurements of program goals will be achieved;
(5) a specification for how the evaluation of the
effectiveness of the prevention program will be
assessed and how the results will be used to refine,
improve, and strengthen the program;
(6) an assurance that the applicant has, or the
schools to be served have, a plan for keeping schools
safe and drug-free that includes--
(A) appropriate and effective discipline
policies that prohibit disorderly conduct, the
possession of firearms and other weapons, and
the illegal use, possession, distribution, and
sale of tobacco, alcohol, and other drugs by
students;
(B) security procedures at school and while
students are on the way to and from school;
(C) prevention activities that are designed
to create and maintain safe, disciplined, and
drug-free environments; and
(D) a crisis management plan for responding
to violent or traumatic incidents on school
grounds; and
(7) such other information and assurances as the
State educational agency may reasonably require.
(c) Review of Application.--
(1) In general.--In reviewing local applications
under this section, a State educational agency shall
use a peer review process or other methods of assuring
the quality of such applications.
(2) Considerations.--
(A) In general.--In determining whether to
approve the application of a local educational
agency under this section, a State educational
agency shall consider the quality of the local
educational agency's comprehensive plan under
subsection (b)(6) and the extent to which the
proposed plan provides a thorough assessment of
the substance abuse and violence problem, uses
objective data and the knowledge of a wide
range of community members, develops measurable
goals and objectives, and implements research-
based programs that have been shown to be
effective and meet identified needs.
(B) Disapproval.--A State educational agency
may disapprove a local educational agency
application under this section in whole or in
part and may withhold, limit, or place
restrictions on the use of funds allotted to
such a local educational agency in a manner the
State educational agency determines will
bestpromote the purposes of this part, except that a local educational
agency shall be afforded an opportunity to appeal any such disapproval.
SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
(a) Program Requirements.--A local educational agency shall
use funds received under this subpart to adopt and carry out a
comprehensive drug and violence prevention program which
shall--
(1) be designed, for all students and school
employees, to--
(A) prevent the use, possession, and
distribution of tobacco, alcohol, and illegal
drugs by students and to prevent the illegal
use, possession, and distribution of such
substances by school employees;
(B) prevent violence and promote school
safety; and
(C) create a disciplined environment
conducive to learning;
(2) include activities to promote the involvement of
parents and coordination with community groups and
agencies, including the distribution of information
about the local educational agency's needs, goals, and
programs under this subpart;
(3) implement activities which shall only include--
(A) a thorough assessment of the substance
abuse violence problem, using objective data
and the knowledge of a wide range of community
members;
(B) the development of measurable goals and
objectives;
(C) the implementation of research-based
programs that have been shown to be effective
and meet identified goals; and
(D) an evaluation of program activities; and
(4) implement prevention programming activities
within the context of a research-based prevention
framework.
(b) Use of Funds.--A comprehensive, age-appropriate,
developmentally- and research-based drug and violence
prevention program carried out under this subpart may include--
(1) drug or violence prevention and education
programs for all students, from the preschool level
through grade 12, that address the legal, social,
personal and health consequences of the use of illegal
drugs or violence, promote a sense of individual
responsibility, and provide information about effective
techniques for resisting peer pressure to use illegal
drugs;
(2) programs of drug or violence prevention, health
education (as it relates to drug and violence
prevention), early intervention, pupil services,
mentoring, or rehabilitation referral, which emphasize
students' sense of individual responsibility and which
may include--
(A) the dissemination of information about
drug or violence prevention;
(B) the professional development or voluntary
training of school personnel, parents,
students, law enforcement officials, judicial
officials, health service providers and
community leaders in prevention, education,
early intervention, pupil services or
rehabilitation referral; and
(C) the implementation of strategies,
including strategies to integrate the delivery
of services from a variety of providers, to
combat illegal alcohol, tobacco and drug use,
such as--
(i) family counseling; and
(ii) activities, such as community
service and service-learning projects,
that are designed to increase students'
sense of community;
(3) age-appropriate, developmentally based violence
prevention and education programs for all students,
from the preschool level through grade 12, that address
the legal, health, personal, and social consequences of
violent and disruptive behavior, including sexual
harassment and abuse, and victimization associated with
prejudice and intolerance, and that include activities
designed to help students develop a sense of individual
responsibility and respect for the rights of others,
and to resolve conflicts without violence, or otherwise
decrease the prevalence of risk factors or increase the
prevalence of protective factors, buffers, or assets in
the community;
(4) violence prevention programs for school-aged
youth, which emphasize students' sense of individual
responsibility and may include--
(A) the dissemination of information about
school safety and discipline;
(B) the professional development or voluntary
training of school personnel, parents,
students, law enforcement officials, judicial
officials, and community leaders in designing
and implementing strategies to prevent school
violence;
(C) the implementation of strategies, such as
conflict resolution and peer mediation, student
outreach efforts against violence, anti-crime
youth councils (which work with school and
community-based organizations to discuss and
develop crime prevention strategies), and the
use of mentoring programs, to combat school
violence and other forms of disruptive
behavior, such as sexual harassment and abuse;
and
(D) the development and implementation of
character education programs, as a component of
a comprehensive drug or violence prevention
program, that are tailored by communities,
parents and schools; and
(E) comprehensive, community-wide strategies
to prevent or reduce illegal gang activities
and drug use;
(5) supporting ``safe zones of passage'' for students
between home and school through such measures as Drug-
and Weapon-Free School Zones, enhanced law enforcement,
and neighborhood patrols;
(6) the acquisition or hiring of school security
equipment, technologies, personnel, or services such
as--
(A) metal detectors;
(B) electronic locks;
(C) surveillance cameras; and
(D) other drug and violence prevention-
related equipment and technologies;
(7) professional development for teachers and other
staff and curricula that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic
programs in supervised community settings;
(9) other research-based prevention programming that
is--
(A) effective in reducing the prevalence of
alcohol, tobacco or drug use, and violence in
youth;
(B) effective in reducing the prevalence of
risk factors predictive of increased alcohol,
tobacco or drug use, and violence; or
(C) effective in increasing the prevalence of
protective factors, buffers, and assets
predictive of decreased alcohol, tobacco or
drug use and violence among youth;
(10) the collection of objective data used to assess
program needs, program implementation, or program
success in achieving program goals and objectives;
(11) community involvement activities including
community mobilization;
(12) voluntary parental involvement and training;
(13) the evaluation of any of the activities
authorized under this subsection;
(14) the provision of mental health counseling (by
qualified counselors) to students for drug or violence
related problems;
(15) consistent with the fourth amendment to the
Constitution of the United States, the testing of a
student for illegal drug use or inspecting a student's
locker for guns, explosives, other weapons, or illegal
drugs, including at the request of or with the consent
of a parent or legal guardian of the student, if the
local educational agency elects to so test or inspect;
and
(16) the conduct of a nationwide background check of
each local educational agency employee (regardless of
when hired) and prospective employees for the purpose
of determining whether the employee or prospective
employee has been convicted of a crime that bears upon
the employee's or prospective employee's fitness--
(A) to have responsibility for the safety or
well-being of children;
(B) to serve in the particular capacity in
which the employee or prospective employee is
or will be employed; or
(C) to otherwise be employed at all by the
local educational agency.
(c) Limitations.--
(1) In general.--Not more than 20 percent of the
funds made available to a local educational agency
under this subpart may be used to carry out the
activities described in paragraphs (5) and (6) of
subsection (b).
(2) Special rule.--A local educational agency shall
only be able to use funds received under this subpart
for activities described in paragraphs (5) and (6) of
subsection (b) if funding for such activities is not
received from other Federal agencies.
(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit the use of funds under this part by any
local educational agency or school for the establishment or
implementation of a school uniform policy so long as such
policy is part of the overall comprehensive drug and violence
prevention plan of the State involved and is supported by the
State's needs assessment and other research-based information.
SEC. 4117. EVALUATION AND REPORTING.
(a) Impact Evaluation.--
(1) Biennial evaluation.--The Secretary, in
consultation with the National Advisory Committee,
shall conduct an independent biennial evaluation of the
impact of programs assisted under this subpart and of
other recent and new initiatives to combat violence in
schools. The evaluation shall report on--
(A) whether funded community and local
education agency programs--
(i) provided a thorough assessment of
the substance abuse and violence
problem;
(ii) used objective data and the
knowledge of a wide range of community
members;
(iii) developed measurable goals and
objectives; and
(iv) implemented research-based
programs that have been shown to be
effective and meet identified needs;
(v) conducted periodic program
evaluations to assess progress made
towards achieving program goals and
objectives and whether they used
evaluations to improve program goals,
objectives and activities;
(B) whether funded community and local
education agency programs have been designed
and implemented in a manner that specifically
targets, if relevant to the program--
(i) research-based variables that are
predictive of drug use or violence;
(ii) risk factors that are predictive
of an increased likelihood that young
people will use drugs, alcohol or
tobacco or engage in violence or drop
out of school; or
(iii) protective factors, buffers, or
assets that are known to protect
children and youth from exposure to
risk, either by reducing the exposure
to risk factors or by changing the way
the young person responds to risk, and
to increase the likelihood of positive
youth development;
(C) whether funded community and local
education agency programs have appreciably
reduced the level of drug, alcohol and tobacco
use and school violence and the presence of
firearms at schools; and
(D) whether funded community and local
educational agency programs have conducted
effective parent involvement and voluntary
training programs.
(2) Data collection.--The National Center for
Education Statistics shall collect data to determine
the incidence and prevalence of social disapproval of
drug use and violence in elementary and secondary
schools in the States.
(3) Biennial Report.--Not later than January 1, 2002,
and every 2 years thereafter, the Secretary shall
submit to the President and Congress a report on the
findings of the evaluation conducted under paragraph
(1) together with the data collected under paragraph
(2) and data available from other sources on the
incidence and prevalence, age of onset, perception of
health risk, and perception of social disapproval of
drug use in elementary and secondary schools in the
States. The Secretary shall include data submitted by
the States pursuant to subsection (b)(2)(B).
(b) State Report.--
(1) In general.--By December 1, 2001, and every 2
years thereafter, the chief executive officer of the
State, in cooperation with the State educational
agency, shall submit to the Secretary a report--
(A) on the implementation and outcomes of
State programs under section 4114 and section
4113(b) and local educational agency programs
under section 4113(d), as well as an assessment
of their effectiveness;
(B) on the State's progress toward attaining
its goals for drug and violence prevention
under subsections (b)(1) and (c)(1) of section
4112; and
(C) on the State's efforts to inform parents
of, and include parents in, violence and drug
prevention efforts.
(2) Special rule.--The report required by this
subsection shall be--
(A) in the form specified by the Secretary;
(B) based on the State's ongoing evaluation
activities, and shall include data on the
incidence and prevalence, age of onset,
perception of health risk, and perception of
social disapproval of drug use and violence by
youth in schools and communities; and
(C) made readily available to the public.
(c) Local Educational Agency Report.--
(1) In general.--Each local educational agency
receiving funds under this subpart shall submit to the
State educational agency such information that the
State requires to complete the State report required by
subsection (b), including a description of how parents
were informed of, and participated in, violence and
drug prevention efforts.
(2) Availability.--Information under paragraph (1)
shall be made readily available to the public.
(3) Provision of documentation.--Not later than
January 1 of each year that a State is required to
report under subsection (b), the Secretary shall
provide to the State education agency all of the
necessary documentation required for compliance with
this section.
SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
(a) General Authority.--From the funds made available
pursuant to section 4111(a)(4) to carry out this section, the
Secretary shall make grants to or enter into cooperative
agreements or contracts with organizations primarily serving
and representing Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are authorized
by and consistent with the provisions of this title for the
benefit of Native Hawaiians.
(b) Definition of Native Hawaiian.--For the purposes of this
section, the term ``Native Hawaiian'' means any individual any
of whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
Subpart 2--National Programs
SEC. 4121. FEDERAL ACTIVITIES.
(a) Program Authorized.--From funds made available to carry
out this subpart under section 4004(2), the Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy, and
the Attorney General, shall carry out programs to prevent the
illegal use of drugs and violence among, and promote safety and
discipline for, students at all educational levels from
preschool throughthe post-secondary level. The Secretary shall
carry out such programs directly, or through grants, contracts, or
cooperative agreements with public and private nonprofit organizations
and individuals, or through agreements with other Federal agencies, and
shall coordinate such programs with other appropriate Federal
activities. Such programs may include--
(1) the development and demonstration of innovative
strategies for the voluntary training of school
personnel, parents, and members of the community,
including the demonstration of model preservice
training programs for prospective school personnel;
(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence prevention;
(3) the provision of information on drug abuse
education and prevention to the Secretary of Health and
Human Services for dissemination by the clearinghouse
for alcohol and drug abuse information established
under section 501(d)(16) of the Public Health Service
Act;
(4) the development of curricula related to child
abuse prevention and education and the training of
personnel to teach child abuse education and prevention
to elementary and secondary schoolchildren;
(5) program evaluations in accordance with section
10201 that address issues not addressed under section
4117(a);
(6) direct services to schools and school systems
afflicted with especially severe drug and violence
problems or to support crisis situations and
appropriate response efforts;
(7) activities in communities designated as
empowerment zones or enterprise communities that will
connect schools to community-wide efforts to reduce
drug and violence problems;
(8) developing and disseminating drug and violence
prevention materials, including video-based projects
and model curricula;
(9) developing and implementing a comprehensive
violence prevention strategy for schools and
communities, that may include conflict resolution, peer
mediation, the teaching of law and legal concepts, and
other activities designed to stop violence;
(10) the implementation of innovative activities,
such as community service and service-learning
projects, designed to rebuild safe and healthy
neighborhoods and increase students' sense of
individual responsibility;
(11) grants to noncommercial telecommunications
entities for the production and distribution of
national video-based projects that provide young people
with models for conflict resolution and responsible
decisionmaking;
(12) the development of education and training
programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
motivated by hate in localities most directly affected
by hate crimes; and
(13) other activities that meet unmet national needs
related to the purposes of this title.
(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this section.
SEC. 4122. NATIONAL COORDINATOR PROGRAM.
(a) In General.--From amounts available to carry out this
section under section 4004(3), the Secretary shall provide for
the establishment of a National Coordinator Program under which
the Secretary shall award grants to local education agencies
for the hiring of drug prevention and school safety program
coordinators.
(b) Use of Funds.--Amounts received under a grant under
subsection (a) shall be used by local education agencies to
recruit, hire, and train individuals to serve as drug
prevention and school safety program coordinators in schools
with significant drug and school safety problems. Such
coordinators shall be responsible for developing, conducting,
and analyzing assessments of drug and crime problems at their
schools, and administering the safe and drug free grant program
at such schools.
SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES ADVISORY
COMMITTEE.
(a) Establishment.--
(1) In general.--There is hereby established an
advisory committee to be known as the ``Safe and Drug
Free Schools and Communities Advisory Committee''
(referred to in this section as the ``Advisory
Committee'') to--
(A) consult with the Secretary under
subsection (b);
(B) coordinate Federal school- and community-
based substance abuse and violence prevention
programs and reduce duplicative research or
services;
(C) develop core data sets and evaluation
protocols for safe and drug free school- and
community-based programs;
(D) provide technical assistance and training
for safe and drug free school- and community-
based programs;
(E) provide for the diffusion of research-
based safe and drug free school- and community-
based programs; and
(F) review other regulations and standards
developed under this title.
(2) Composition.--The Advisory Committee shall be
composed of representatives from--
(A) the Department of Education,
(B) the Centers for Disease Control and
Prevention;
(C) the National Institute on Drug Abuse;
(D) the National Institute on Alcoholism and
Alcohol Abuse;
(E) the Center for Substance Abuse
Prevention;
(F) the Center for Mental Health Services;
(G) the Office of Juvenile Justice and
Delinquency Prevention;
(H) the Office of National Drug Control
Policy; and
(I) State and local governments, including
education agencies.
(3) Consultation.--In carrying out its duties under
this section, the Advisory Committee shall annually
consult with interested State and local coordinators of
school- and community-based substance abuse and
violence prevention programs and other interested
groups.
(b) Programs.--
(1) In general.--From amounts made available under
section 4004(2) to carry out this subpart, the
Secretary, in consultation with the Advisory Committee,
shall carry out research-based programs to strengthen
the accountability and effectiveness of the State,
Governor's, and national programs under this title.
(2) Grants, contracts or cooperative agreements.--The
Secretary shall carry out paragraph (1) directly or
through grants, contracts, or cooperative agreements
with public and nonprofit private organizations and
individuals or through agreements with other Federal
agencies.
(3) Coordination.--The Secretary shall coordinate
programs under this section with other appropriate
Federal activities.
(4) Activities.--Activities that may be carried out
under programs funded under this section may include--
(A) the provision of technical assistance and
training, in collaboration with other Federal
agencies utilizing their expertise and national
and regional training systems, for Governors,
State education agencies and local education
agencies to support high quality, effective
programs that--
(i) provide a thorough assessment of
the substance abuse and violence
problem;
(ii) utilize objective data and the
knowledge of a wide range of community
members;
(iii) develop measurable goals and
objectives; and
(iv) implement research-based
activities that have been shown to be
effective and that meet identified
needs;
(B) the provision of technical assistance and
training to foster program accountability;
(C) the diffusion and dissemination of best
practices and programs;
(D) the development of core data sets and
evaluation tools;
(E) program evaluations;
(F) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the Clearinghouse for Alcohol and Drug Abuse
Information established under section
501(d)(16) of the Public Health Service Act;
and
(G) other activities that meet unmet needs
related to the purposes of this title and that
are undertaken in consultation with the
Advisory Committee.
SEC. 4124. HATE CRIME PREVENTION.
(a) Grant Authorization.--From funds made available to carry
out this subpart under section 4004(2) the Secretary may make
grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
(b) Use of Funds.--
(1) Program development.--Grants under this section
may be used to improve elementary and secondary
educational efforts, including--
(A) development of education and training
programs designed to prevent and to reduce the
incidence of crimes and conflicts motivated by
hate;
(B) development of curricula for the purpose
of improving conflict or dispute resolution
skills of students, teachers, and
administrators;
(C) development and acquisition of equipment
and instructional materials to meet the needs
of, or otherwise be part of, hate crime or
conflict programs; and
(D) professional training and development for
teachers and administrators on the causes,
effects, and resolutions of hate crimes or
hate-based conflicts.
(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall
submit an application to the Secretary in such form and
containing such information as the office may
reasonably require.
(3) Requirements.--Each application under paragraph
(2) shall include--
(A) a request for funds for the purposes
described in this section;
(B) a description of the schools and
communities to be served by the grants; and
(C) assurances that Federal funds received
under this section shall be used to supplement,
not supplant, non-Federal funds.
(4) Comprehensive plan.--Each application shall
include a comprehensive plan that contains--
(A) a description of the hate crime or
conflict problems within the schools or the
community targeted for assistance;
(B) a description of the program to be
developed or augmented by such Federal and
matching funds;
(C) assurances that such program or activity
shall be administered by or under the
supervision of the applicant;
(D) proper and efficient administration of
such program; and
(E) fiscal control and fund accounting
procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this
section.
(c) Award of Grants.--
(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts
motivated by bias in the targeted schools and
communities in awarding grants under this section.
(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an
equitable geographic distribution of grant awards.
(3) Dissemination of information.--The Secretary
shall attempt, to the extent practicable, to make
available information regarding successful hate crime
prevention programs, including programs established or
expanded with grants under this section.
(d) Reports.--The Secretary shall submit to the Congress a
report every two years which shall contain a detailed statement
regarding grants and awards, activities of grant recipients,
and an evaluation of programs established under this section.
Subpart 3--General Provisions
SEC. 4131. DEFINITIONS.
In this part:
(1) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization which is representative of a
community or significant segments of a community and
which provides educational or related services to
individuals in the community.
(2) Drug and violence prevention.--The term ``drug
and violence prevention'' means--
(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or
education related to the illegal use of alcohol
and the use of controlled, illegal, addictive,
or harmful substances, including inhalants and
anabolic steroids;
(B) prevention, early intervention, smoking
cessation activities, or education, related to
the use of tobacco by children and youth
eligible for services under this title; and
(C) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, including sexual harassment and abuse,
and victimization associated with prejudice and
intolerance, on school premises, going to and
from school, and at school-sponsored
activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
(3) Hate crime.--The term ``hate crime'' means a
crime as described in section 1(b) of the Hate Crime
Statistics Act of 1990.
(4) Nonprofit.--The term ``nonprofit'', as applied to
a school, agency, organization, or institution means a
school, agency, organization, or institution owned and
operated by one or more nonprofit corporations or
associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
(5) Objectively measurable goals.--The term
``objectively measurable goals'' means prevention
programming goals defined through use of quantitative
epidemiological data measuring the prevalence of
alcohol, tobacco, and other drug use, violence, and the
prevalence of risk and protective factors predictive of
these behaviors, collected through a variety of methods
and sources known to provide high quality data.
(6) Protective factor, buffer, or asset.--The terms
``protective factor'', ``buffer'', and ``asset'' mean
any one of a number of the community, school, family,
or peer-individual domains that are known, through
prospective, longitudinal research efforts, or which
are grounded in a well-established theoretical model of
prevention, and have been shown to prevent alcohol,
tobacco, or illicit drug use, as well as violent
behavior, by youth in the community, and which promote
positive youth development.
(7) Risk factor.--The term ``risk factor'' means any
one of a number of characteristics of the community,
school, family, or peer-individual domains that are
known, through prospective, longitudinal research
efforts, to be predictive of alcohol, tobacco, and
illicit drug use, as well as violent behavior, by youth
in the school and community.
(8) School-aged population.--The term ``school-aged
population'' means the population aged five through 17,
as determined by the Secretary on the basis of the most
recent satisfactory data available from the Department
of Commerce.
(9) School personnel.--The term ``school personnel''
includes teachers, administrators, counselors, social
workers, psychologists, nurses, librarians, and other
support staff who are employed by a school or who
perform services for the school on a contractual basis.
SEC. 4132. MATERIALS.
(a) ``Illegal and Harmful'' Message.--Drug prevention
programs supported under this part shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is illegal and harmful.
(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part, but
may evaluate the effectiveness of such curricula and other
strategies in drug and violence prevention.
SEC. 4133. PROHIBITED USES OF FUNDS.
No funds under this part may be used for--
(1) construction (except for minor remodeling needed
to accomplish the purposes of this part); and
(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of or
witnesses to crime or who use alcohol, tobacco, or
drugs.
SEC. 4134. QUALITY RATING.
(a) In General.--The chief executive officer of each State,
or in the case of a State in which the constitution or law of
such State designates another individual, entity, or agency in
the State to be responsible for education activities, such
individual, entity, or agency, is authorized and encouraged--
(1) to establish a standard of quality for drug,
alcohol, and tobacco prevention programs implemented in
public elementary schools and secondary schools in the
State in accordance with subsection (b); and
(2) to identify and designate, upon application by a
public elementary school or secondary school, any such
school that achieves such standard as a quality program
school.
(b) Criteria.--The standard referred to in subsection (a)
shall address, at a minimum--
(1) a comparison of the rate of illegal use of drugs,
alcohol, and tobacco by students enrolled in the school
for a period of time to be determined by the chief
executive officer of the State;
(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-
related offenses;
(3) the effectiveness of the drug, alcohol, or
tobacco prevention program as proven by research;
(4) the involvement of parents and community members
in the design of the drug, alcohol, and tobacco
prevention program; and
(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before
implementation of the public school program.
(c) Request for Quality Program School Designation.--A school
that wishes to receive a quality program school designation
shall submit a request and documentation of compliance with
this section to the chief executive officer of the State or the
individual, entity, or agency described in subsection (a), as
the case may be.
(d) Public Notification.--Not less than once a year, the
chief executive officer of each State or the individual,
entity, or agency described in subsection (a), as the case may
be, 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.
PART B--GUN POSSESSION
SEC. 4201. GUN-FREE REQUIREMENTS.
(a) Short Title.--This part may be cited as the ``Gun-Free
Schools Act of 1994''.
(b) Requirements.--
(1) In general.--Each State receiving Federal funds
under this Act shall have in effect a State law
requiring local educational agencies to expel from
school for a period of not less than one year a student
who is determined to have brought a weapon to a school
under the jurisdiction of local educational agencies in
that State, except that such State law shall allow the
chief administering officer of a local educational
agency to modify such expulsion requirement for a
student on a case-by-case basis.
(2) Construction.--Nothing in this part shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
(3) Definition.--For the purpose of this section, the
term ``weapon'' means a firearm as such term is defined
in section 921(a) of title 18, United States Code.
(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under
this Act shall provide to the State, in the application
requesting such assistance--
(1) an assurance that such local educational agency
is in compliance with the State law required by
subsection (b); and
(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
(A) the name of the school concerned;
(B) the number of students expelled from such
school; and
(C) the type of weapons concerned.
(e) Reporting.--Each State shall report the information
described in subsection (d) to the Secretary on an annual
basis.
SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.
(a) In General.--No funds shall be made available under this
Act to any local educational agency unless such agency has a
policy requiring referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm or
weapon to a school served by such agency.
(b) Definitions.--For the purpose of this section, the terms
``firearm'' and ``school'' have the meanings given the terms in
section 921(a) of title 18, United States Code.
PART C--SCHOOL SAFETY AND VIOLENCE PREVENTION
SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.
Notwithstanding any other provision of this title and title
VI, funds made available under such titles may be used for--
(1) training, including in-service training, for
school personnel (including custodians and bus
drivers), with respect to--
(A) identification of potential threats, such
as illegal weapons and explosive devices;
(B) crisis preparedness and intervention
procedures; and
(C) emergency response;
(2) training for parents, teachers, school personnel
and other interested members of the community regarding
the identification and responses to early warning signs
of troubled and violent youth;
(3) innovative research-based delinquency and
violence prevention programs, including--
(A) school anti-violence programs; and
(B) mentoring programs;
(4) comprehensive school security assessments;
(5) purchase of school security equipment and
technologies, such as--
(A) metal detectors;
(B) electronic locks; and
(C) surveillance cameras;
(6) collaborative efforts with community-based
organizations, including faith-based organizations,
statewide consortia, and law enforcement agencies, that
have demonstrated expertise in providing effective,
research-based violence prevention and intervention
programs to school aged children;
(7) providing assistance to States, local educational
agencies, or schools to establish school uniform
policies;
(8) school resource officers, including community
policing officers; and
(9) other innovative, local responses that are
consistent with reducing incidents of school violence
and improving the educational atmosphere of the
classroom.
SEC. 4302. SCHOOL UNIFORMS.
(a) Construction.--Nothing in this Act shall be construed to
prohibit any State, local educational agency, or school from
establishing a school uniform policy.
(b) Funding.--Notwithstanding any other provision of law,
funds provided under this titles and title VI may be used for
establishing a school uniform policy.
SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
(a) Nonapplication of Provisions.--The provisions of this
section shall not apply to any suspension or expulsion
disciplinary records transferred from a private, parochial, or
other nonpublic school, person, institution, or other entity,
that provides education below the college level.
(b) Disciplinary Records.--Not later than 2 years after the
date of enactment of this part, each State receiving Federal
funds under this Act shall provide an assurance to the
Secretary that the State has a procedure in place to facilitate
the transfer of suspension and expulsion disciplinary records
by local educational agencies to any private or public
elementary school or secondary school for any student who is
enrolled or seeks, intends, or is instructed to enroll, full-
time or part-time, in the school.
SEC. 4304. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR DISTRIBUTED
FROM FUNDING AUTHORIZED BY THIS ACT.
(a) Requirements.--All materials produced, procured, or
distributed, in whole or in part, as a result of Federal
funding authorized under this Act for expenditure by Federal,
State or local governmental recipients or other non-
governmental entities shall have printed thereon--
(1) the following statement: ``This material has been
printed, procured or distributed, in whole or in part,
at the expense of the Federal Government. Any person
who objects to the accuracy of the material, to the
completeness of the material, or to the representations
made within the material, including objections related
to this material's characterization of religious
beliefs, are encouraged to direct their comments to the
office of the United States Secretary of Education'';
and
(2) the complete address of an office designated by
the Secretary to receive comments from members of the
public.
(b) Designation of Office.--The office designated by the
Secretary under subsection (a)(2) to receive comments shall,
every 6 months, prepare an accurate summary of all comments
received by the office. Such summary shall include details
about the number of comments received and the specific nature
of the concerns raised within the comments, and shall be
submitted to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives, the Majority and
Minority Leaders of the Senate, and the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives. Such comments shall be retained by the office
and shall be made available to any member of the general public
upon request.
PART D--ENVIRONMENTAL TOBACCO SMOKE
SEC. 4401. SHORT TITLE.
This part may be cited as the ``Pro-Children Act of 2000''.
SEC. 4402. DEFINITIONS.
As used in this part:
(1) Children.--The term ``children'' means
individuals who have not attained the age of 18.
(2) Children's services.--The term ``children's
services'' means the provision on a routine or regular
basis of health, day care, education, or library
services--
(A) that are funded, after the date of the
enactment of the Educational Opportunities Act,
directly by the Federal Government or through
State or local governments, by Federal grant,
loan, loan guarantee, or contract programs--
(i) administered by either the
Secretary of Health and Human Services
or the Secretary of Education (other
than services provided and funded
solely under titles XVIII and XIX of
the Social Security Act); or
(ii) administered by the Secretary of
Agriculture in the case of a clinic (as
defined in part 246.2 of title 7, Code
of Federal Regulations (or any
corresponding similar regulation or
ruling)) under section 17(b)(6) of the
Child Nutrition Act of 1966; or
(B) that are provided in indoor facilities
that are constructed, operated, or maintained
with such Federal funds, as determined by the
appropriate head of a Federal agency in any
enforcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A)
is intended to include facilities (other than clinics)
where coupons are redeemed under the Child Nutrition
Act of 1966.
(3) Indoor facility.--The term ``indoor facility''
means a building that is enclosed.
(4) Person.--The term ``person'' means any State or
local subdivision of a State, agency of such State or
subdivision, corporation, or partnership that owns or
operates or otherwise controls and provides children's
services or any individual who owns or operates or
otherwise controls and provides such services.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
SEC. 4403. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Prohibition.--After the date of the enactment of the
Educational Opportunities Act, no person shall permit smoking
within any indoor facility owned or leased or contracted for,
and utilized, by such person for provision of routine or
regular kindergarten, elementary, or secondary education or
library services to children.
(b) Additional Prohibition.--
(1) In general.--After the date of the enactment of
the Educational Opportunities Act, no person shall
permit smoking within any indoor facility (or portion
of such a facility) owned or leased or contracted for,
and utilized by, such person for the provision of
regular or routine health care or day care or early
childhood development (Head Start) services.
(2) Exception.--Paragraph (1) shall not apply to--
(A) any portion of such facility that is used
for inpatient hospital treatment of individuals
dependent on, or addicted to, drugs or alcohol;
and
(B) any private residence.
(c) Federal Agencies.--
(1) Kindergarten, elementary, or secondary education
or library services.--After the date of the enactment
of the Educational Opportunities Act, no Federal agency
shall permit smoking within any indoor facility in the
United States operated by such agency, directly or by
contract, to provide routine or regular kindergarten,
elementary, or secondary education or library services
to children.
(2) Health or day care or early childhood development
services.--
(A) In general.--After the date of the
enactment of the Educational Opportunities Act,
no Federal agency shall permit smoking within
any indoor facility (or portion of such
facility) operated by such agency, directly or
by contract, to provide routine or regular
health or day care or early childhood
development (Head Start) services to children.
(B) Exception.--Subparagraph (A) shall not
apply to--
(i) any portion of such facility that
is used for inpatient hospital
treatment of individuals dependent on,
or addicted to, drugs or alcohol; and
(ii) any private residence.
(3) Application of provisions.--The provisions of
paragraph (2) shall also apply to the provision of such
routine or regular kindergarten, elementary or
secondary education or library services in the
facilities described in paragraph (2) not subject to
paragraph (1).
(d) Notice.--The prohibitions in subsections (a) through (c)
shall be published in a notice in the Federal Register by the
Secretary (in consultation with the heads of other affected
agencies) and by such agency heads in funding arrangements
involving the provision of children's services administered by
such heads. Such prohibitions shall be effective 90 days after
such notice is published, or 270 days after the date of the
enactment of the Educational Opportunities Act, whichever
occurs first.
(e) Civil Penalties.--
(1) In general.--Any failure to comply with a
prohibition in this section shall be considered to be a
violation of this section and any person subject to
such prohibition who commits such violation may be
liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, or may
be subject to an administrative compliance order, or
both, as determined by the Secretary. Each day a
violation continues shall constitute a separate
violation. In the case of any civil penalty assessed
under this section, the total amount shall not exceed
the amount of Federal funds received by such person for
the fiscal year in which the continuing violation
occurred. For the purpose of the prohibition in
subsection (c), the term ``person'', as used in this
paragraph, shall mean the head of the applicable
Federal agency or the contractor of such agency
providing the services to children.
(2) Administrative proceeding.--A civil penalty may
be assessed in a written notice, or an administrative
compliance order may be issued under paragraph (1), by
the Secretary only after an opportunity for a hearing
in accordance with section 554 of title 5, United
States Code. Before makingsuch assessment or issuing
such order, or both, the Secretary shall give written notice of the
assessment or order to such person by certified mail with return
receipt and provide information in the notice of an opportunity to
request in writing, not later than 30 days after the date of receipt of
such notice, such hearing. The notice shall reasonably describe the
violation and be accompanied with the procedures for such hearing and a
simple form that may be used to request such hearing if such person
desires to use such form. If a hearing is requested, the Secretary
shall establish by such certified notice the time and place for such
hearing, which shall be located, to the greatest extent possible, at a
location convenient to such person. The Secretary (or the Secretary's
designee) and such person may consult to arrange a suitable date and
location where appropriate.
(3) Circumstances affecting penalty or order.--In
determining the amount of the civil penalty or the
nature of the administrative compliance order, the
Secretary shall take into account, as appropriate--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, any good
faith efforts to comply, the importance of
achieving early and permanent compliance, the
ability to pay or comply, the effect of the
penalty or order on the ability to continue
operation, any prior history of the same kind
of violation, the degree of culpability, and
any demonstration of willingness to comply with
the prohibitions of this section in a timely
manner; and
(C) such other matters as justice may
require.
(4) Modification.--The Secretary may, as appropriate,
compromise, modify, or remit, with or without
conditions, any civil penalty or administrative
compliance order. In the case of a civil penalty, the
amount, as finally determined by the Secretary or
agreed upon in compromise, may be deducted from any
sums that the United States or the agencies or
instrumentalities of the United States owe to the
person against whom the penalty is assessed.
(5) Petition for review.--Any person aggrieved by a
penalty assessed or an order issued, or both, by the
Secretary under this section may file a petition for
judicial review of the order with the United States
Court of Appeals for the District of Columbia Circuit
or for any other circuit in which the person resides or
transacts business. Such person shall provide a copy of
the petition to the Secretary or the Secretary's
designee. The petition shall be filed within 30 days
after the Secretary's assessment or order, or both, are
final and have been provided to such person by
certified mail. The Secretary shall promptly provide to
the court a certified copy of the transcript of any
hearing held under this section and a copy of the
notice or order.
(6) Failure to comply.--If a person fails to pay an
assessment of a civil penalty or comply with an order,
after the assessment or order, or both, are final under
this section, or after a court has entered a final
judgment under paragraph (5) in favor of the Secretary,
the Attorney General, at the request of the Secretary,
shall recover the amount of the civil penalty (plus
interest at prevailing rates from the day the
assessment or order, or both, are final) or enforce the
order in an action brought in the appropriate district
court of the United States. In such action, the
validity and appropriateness of the penalty or order or
the amount of the penalty shall not be subject to
review.
SEC. 4404. PREEMPTION.
Nothing in this part is intended to preempt any provision of
law of a State or political subdivision of a State that is more
restrictive than a provision of this part.
* * * * * * *
[TITLE V--PROMOTING EQUITY
[PART A--MAGNET SCHOOLS ASSISTANCE
[SEC. 5101. [20 U.S.C. 7201] FINDINGS.
[The Congress finds that--
[(1) magnet schools are a significant part of our
Nation's effort to achieve voluntary desegregation in
our Nation's schools;
[(2) the use of magnet schools has increased
dramatically since the date of enactment of the Magnet
Schools Assistance program, with approximately
1,400,000 students nationwide now attending such
schools, of which more than 60 percent of the students
are nonwhite;
[(3) magnet schools offer a wide range of distinctive
programs that have served as models for school
improvement efforts;
[(4) in administering the Magnet Schools Assistance
program, the Federal Government has learned that--
[(A) where magnet programs are implemented
for only a portion of a school's student body,
special efforts must be made to discourage the
isolation of--
[(i) magnet school students from
other students in the school; and
[(ii) students by racial
characteristics;
[(B) local educational agencies can maximize
their effectiveness in achieving the purposes
of the Magnet Schools Assistance program if
such agencies have more flexibility in the
administration of such program in order to
serve students attending a school who are not
enrolled in the magnet school program;
[(C) local educational agencies must be
creative in designing magnet schools for
students at all academic levels, so that school
districts do not skim off only the highest
achieving students to attend the magnet
schools;
[(D) consistent with desegregation
guidelines, local educational agencies must
seek to enable participation in magnet school
programs by students who reside in the
neighborhoods where the programs operate; and
[(E) in order to ensure that magnet schools
are sustained after Federal funding ends, the
Federal Government must assist school districts
to improve their capacity to continue to
operate magnet schools at a high level of
performance; and
[(5) it is in the best interest of the Federal
Government to--
[(A) continue the Federal Government's
support of school districts implementing court-
ordered desegregation plans and school
districts seeking to foster meaningful
interaction among students of different racial
and ethnic backgrounds, beginning at the
earliest stage of such students' education;
[(B) ensure that all students have equitable
access to quality education that will prepare
such students to function well in a culturally
diverse, technologically oriented, and highly
competitive, global community; and
[(C) maximize the ability of local
educational agencies to plan, develop,
implement and continue effective and innovative
magnet schools that contribute to State and
local systemic reform.
[SEC. 5102. [20 U.S.C. 7202] STATEMENT OF PURPOSE.
[The purpose of this part is to assist in the desegregation
of schools served by local educational agencies by providing
financial assistance to eligible local educational agencies
for--
[(1) the elimination, reduction, or prevention of
minority group isolation in elementary and secondary
schools with substantial proportions of minority
students;
[(2) the development and implementation of magnet
school projects that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
content standards and challenging State student
performance standards;
[(3) the development and design of innovative
educational methods and practices; and
[(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the grasp of tangible and
marketable vocational skills of students attending such
schools.
[SEC. 5103. [20 U.S.C. 7203] PROGRAM AUTHORIZED.
[The Secretary, in accordance with this part, is authorized
to make grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this part for magnet schools that are--
[(1) part of an approved desegregation plan; and
[(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds
together.
[SEC. 5104. [20 U.S.C. 7204] DEFINITION.
[For the purpose of this part, the term ``magnet school''
means a public elementary or secondary school or public
elementary or secondary education center that offers a special
curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
[SEC. 5105. [20 U.S.C. 7205] ELIGIBILITY.
[A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive assistance under this
part to carry out the purposes of this part if such agency or
consortium--
[(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary and secondary schools of such
agency; or
[(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt and
implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
[SEC. 5106. [20 U.S.C. 7206] APPLICATIONS AND REQUIREMENTS.
[(a) Applications.--An eligible local educational agency or
consortium of such agencies desiring to receive assistance
under this part shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
[(b) Information and Assurances.--Each such application shall
include--
[(1) a description of--
[(A) how assistance made available under this
part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among
students of different social, economic, ethnic,
and racial backgrounds;
[(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
[(C) how an applicant will continue the
magnet school project after assistance under
this part is no longer available, including, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with funds under this part cannot be
continued without the use of funds under this
part;
[(D) how funds under this part will be used
to implement services and activities that are
consistent with other programs under this Act,
the Goals 2000: Educate America Act, and other
Acts, as appropriate, in accordance with the
provisions of section 14306; and
[(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
[(2) assurances that the applicant will--
[(A) use funds under this part for the
purposes specified in section 5102;
[(B) employ State certified or licensed
teachers in the courses of instruction assisted
under this part to teach or supervise others
who are teaching the subject matter of the
courses of instruction;
[(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
[(i) the hiring, promotion, or
assignment of employees of the agency
or other personnel for whom the agency
has any administrative responsibility;
[(ii) the assignment of students to
schools, or to courses of instruction
within the school, of such agency,
except to carry out the approved plan;
and
[(iii) designing or operating
extracurricular activities for
students;
[(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
[(E) give students residing in the local
attendance area of the proposed magnet school
projects equitable consideration for placement
in those projects.
[(c) Special Rule.--No application may be approved under this
section unless the Assistant Secretary of Education for Civil
Rights determines that the assurances described in subsection
(b)(2)(C) will be met.
[SEC. 5107. [20 U.S.C. 7207] PRIORITY.
[In approving applications under this part, the Secretary
shall give priority to applicants that--
[(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
[(2) propose to carry out new magnet school projects,
or significantly revise existing magnet school
projects;
[(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination;
[(4) propose to implement innovative educational
approaches that are consistent with the State's and
local educational agency's approved systemic reform
plans, if any, under title III of the Goals 2000:
Educate America Act; and
[(5) propose to draw on comprehensive community
involvement plans.
[SEC. 5108. [20 U.S.C. 7208] USE OF FUNDS.
[(a) In General.--Grant funds made available under this part
may be used by an eligible local educational agency or
consortium of such agencies--
[(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
[(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of
programs in magnet schools;
[(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are certified or licensed by the State,
and instructional staff where applicable, who are
necessary for the conduct of programs in magnet
schools; and
[(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
[(A) are designed to make available the
special curriculum that is offered by the
magnet school project to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
[(B) further the purposes of this part.
[(b) Special Rule.--Grant funds under this part may be used
in accordance with paragraphs (2) and (3) of subsection (a)
only if the activities described in such paragraphs are
directly related to improving the students' reading skills or
knowledge of mathematics, science, history, geography, English,
foreign languages, art, or music, or to improving vocational
skills.
[SEC. 5109. [20 U.S.C. 7209] PROHIBITIONS.
[(a) Transportation.--Grants under this part may not be used
for transportation or any activity that does not augment
academic improvement.
[(b) Planning.--A local educational agency shall not expend
funds under this part after the third year that such agency
receives funds under this part for such project.
[SEC. 5110. [20 U.S.C. 7210] LIMITATIONS.
[(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed three fiscal years.
[(b) Limitation on Planning Funds.--A local educational
agency may expend for planning not more than 50 percent of the
funds received under this part for the first year of the
project, 15 percent of such funds for the second such year, and
10 percent of such funds for the third such year.
[(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
[(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
June 1 of the applicable fiscal year.
[SEC. 5111. [20 U.S.C. 7211] INNOVATIVE PROGRAMS.
[(a) In General.--From amounts reserved under subsection (d)
for each fiscal year, the Secretary shall award grants to local
educational agencies or consortia of such agencies described in
section 5105 to enable such agencies or consortia to conduct
innovative programs that--
[(1) carry out the purpose of this part; and
[(2) involve strategies other than magnet schools,
such as neighborhood or community model schools--
[(A) organized around a special emphasis,
theme or concept; and
[(B) involving extensive parent and community
involvement.
[(b) Applicability.--Sections 5103, 5106, 5107, and 5108,
shall not apply to grants awarded under subsection (a).
[(c) Applications.--Each local educational agency or
consortia of such agencies desiring a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances as
the Secretary may reasonably require.
[(d) Innovative Programs.--The Secretary shall reserve not
more than 5 percent of the funds appropriated under section
5113(a) for each fiscal year to award grants under this
section.
[SEC. 5112. [20 U.S.C. 7212] EVALUATIONS.
[(a) Reservation.--The Secretary may reserve not more than
two percent of the funds appropriated under section 5113(a) for
any fiscal year to carry out evaluations of projects assisted
under this part.
[(b) Contents.--Each evaluation described in subsection (a),
at a minimum, shall address--
[(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
[(2) the extent to which magnet school programs
enhance student access to quality education;
[(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary and secondary
schools with substantial proportions of minority
students; and
[(4) the extent to which magnet school programs
differ from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs.
[SEC. 5113. [20 U.S.C. 7213] AUTHORIZATION OF APPROPRIATIONS;
RESERVATION.
[(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $120,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
[(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.]
TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES
PART A--TECHNOLOGY EDUCATION
SEC. 5111. STATEMENT OF PURPOSE.
To help all students develop technical and higher-order
thinking skills and to achieve challenging State academic
content and performance standards, as well as America's
Education Goals, it is the purpose of this part to--
(1) help provide all classrooms with access to
educational technology through support for the
acquisition of advanced multimedia computers, Internet
connections, and other technologies;
(2) help ensure access to, and the effective use of,
educational technology in all classrooms through the
provision of sustained and intensive, high quality
professional development that improves the ability of
teachers and principals to integrate educational
technology effectively into the classroom by actively
engaging students, teachers, paraprofessionals, media
specialists, principals and superintendents in the use
of technology;
(3) help improve the capability of teachers and other
appropriate school personnel to design and construct
new learning experiences using technology, and actively
engage students in the design and construction;
(4) support efforts by State Educational Agencies and
local educational agencies to create learning
environments designed to prepare students to achieve
challenging State academic content and performance
standard through the use of research based teaching
practices and advanced technologies;
(5) support the provision of technical assistance to
State educational agencies, local educational agencies,
and communities to help such agencies and communities
use technology-based resources and information systems
to support school reform and meet the needs of
students, teachers and other school personnel;
(6) support partnerships among business and industry
and the education community to realize more rapidly the
potential of digital communication to expand the scope
of, and opportunities for learning;
(7) support evaluation and research on the effective
use of technology in preparing all students to achieve
challenging State academic content and performance
standards, and the impact of technology on teaching and
learning;
(8) encourage collaborative relationships among the
State agency for higher education, the State library
administrative agency, the State telecommunications
agency, and the State educational agency, in the area
of technology support to strengthen the system of
education to ensure that technology is accessible to,
and usable by, all students;
(9) assist every student in crossing the digital
divide by ensuring that every child is computer
literate by the time the child finishes 8th grade,
regardless of the child's race, ethnicity, gender,
income, geography, or disability; and
(10) support the development and use of education
technology to enhance and facilitate meaningful
parental involvement to improve student learning.
SEC. 5112. DEFINITIONS.
In this title:
(1) Adult education.--The term ``adult education''
has the same meaning given such term by section 203 of
the Adult Education and Family Literacy Act.
(2) All students.--The term ``all students'' means
students from a broad range of backgrounds and
circumstances, including disadvantaged students,
students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with
limited English proficiency, students who have dropped
out of school, and academically talented students.
(3) Information infrastructure.--The term
``information infrastructure'' means a network of
communication systems designed to exchange information
among all citizens and residents of the United States.
(4) Instructional programming.--The term
``instructional programming'' means the full range of
audio and video data, text, graphics, or additional
state-of-the-art communications, including multimedia
based resources distributed through interactive,
command and control, or passive methods for the purpose
of education and instruction.
(5) Interoperable and interoperability.--The terms
``interoperable'' and ``interoperability'' mean the
ability to exchange easily data with, and connect to,
other hardware and software in order to provide the
greatest accessibility for all students and other
users.
(6) Office.--The term ``Office'' means the Office of
Educational Technology.
(7) Public telecommunications entity.--The term
``public telecommunications entity'' has the same
meaning given to such term by section 397(12) of the
Communications Act of 1934.
(8) Regional educational laboratory.--The term
``regional educational laboratory'' means a regional
educational laboratory supported under section 941(h)
of the Educational, Research, Development,
Dissemination, and Improvement Act of 1994.
(9) State educational agency.--The term ``State
educational agency'' includes the Bureau of Indian
Affairs for purposes of serving schools funded by the
Bureau of Indian Affairs in accordance with this part.
(10) State library administrative agency.--The term
``State library administrative agency'' has the same
meaning given to such term in section 3 of the Library
Services and Technology Act.
(11) Technology.--The term ``technology'' means
state-of-the-art technology products and services, such
as closed circuit television systems, educational
television and radio programs and services, cable
television, satellite, copper and fiber optic
transmission, computer hardware and software, video and
audio laser and CD-ROM discs, video and audio tapes,
web-based learning resources including online classes,
interactive tutorials, and interactive tools and
virtual environments for problem solving, hand-held
devices, wireless technologies, voice recognition
systems, and high quality digital video, distance
learning networks, visualization, modeling and
simulation software and learning focused digital
libraries and information retrieval systems.
SEC. 5113. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to
be appropriated $815,000,000 for fiscal year 2001 and such sums
as may be necessary for each of the 4 succeeding fiscal years
to carry out subparts 1, 2, and 3, of which--
(1) with respect to subparts 1 and 3--
(A) $5,000,000 shall be available to carry
out subpart 1 (National Programs for Technology
in Education) for fiscal year 2001;
(B) $10,000,000 shall be available to carry
out subpart 3 (Regional Technical Support and
Professional Development) for fiscal year 2001;
and
(C) for each of fiscal years 2002 through
2005, not to exceed 2.5 percent of the total
amount appropriated under this subsection for
each such fiscal year shall be available to
carry out such subparts; and
(2) of any funds remaining for a fiscal year after
amounts are made available under paragraph (1)--
(A) except as provided in subsection (b), 70
percent of such funds shall be available for
carrying out section 5132; and
(B) 30 percent of such funds shall be
available for carrying out national activities
including section 5136.
(b) Special Rule.--The amount made available under subsection
(a)(2)(A) for a fiscal year shall in no case be less than the
amount made available to carry out section 5132 in fiscal year
2000.
SEC. 5114. LIMITATION ON COSTS.
Not more than 5 percent of the funds under this part that are
made available to a recipient of funds under this part for any
fiscal year may be used by such recipient for administrative
costs or technical assistance.
Subpart 1--National Programs for Technology in Education
SEC. 5121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
(a) In General.--The Secretary shall update, publish, and
broadly disseminate not later than 12 months after the date of
the enactment of this title, and update when the Secretary
determines appropriate, the national long-range plan that
supports the overall national technology policy and carries out
the purposes of this part.
(b) Plan Requirements.--The Secretary shall--
(1) update the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners and
policymakers including teachers, principals and
superintendents, experts in technology and the
applications of technology to education,
representatives of distance learning consortia,
representatives of telecommunications partnerships
receiving assistance under the Star Schools Act, and
providers of technology services and products;
(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
(3) publish such plan in a form that is readily
accessible to the public.
(c) Contents of the Plan.--The updated national long-range
plan shall describe the Secretary's activities to promote the
purposes of this title, including--
(1) how the Secretary will encourage the effective
use of technology to provide all students the
opportunity to achieve challenging State content
standards and State student performance standards,
especially through programs administered by the
Department;
(2) joint activities in support of the overall
national technology policy with other Federal
departments or agencies, such as the Office of Science
and Technology Policy, the National Endowment for the
Humanities, the National Endowment for the Arts, the
National Institute for Literacy, the National
Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs, and
the Departments of Commerce, Energy, Health and Human
Services, and Labor--
(A) to promote the use of technology in
education, training, and lifelong learning,
including plans for the educational uses of a
national information infrastructure; and
(B) to ensure that the policies and programs
of such departments or agencies facilitate the
use of technology for educational purposes, to
the extent feasible;
(3) how the Secretary will work with educators, State
and local educational agencies, and appropriate
representatives of the private sector to facilitate the
effective use of technology in education;
(4) how the Secretary will promote--
(A) higher achievement of all students
through the integration of technology into the
curriculum;
(B) increased access to the benefits of
technology for teaching and learning for
schools with a high number or percentage of
children from low-income families;
(C) the use of technology to assist in the
implementation of State systemic reform
strategies;
(D) the application of technological advances
to use in education;
(E) increased access to high quality adult
and family education services through the use
of technology for instruction and professional
development;
(F) increased opportunities for the
professional development of teachers and other
school leaders in the use of new technologies;
(G) increasing the use of educational
technology to provide professional development
opportunities for teachers and school leaders;
and
(H) increased parental involvement in schools
through the use of technology;
(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations,
industries, and agencies, the feasibility and
desirability of establishing guidelines to facilitate
an easy exchange of data and effective use of
technology in education;
(6) how the Secretary will promote the exchange of
information among States, local educational agencies,
schools, consortia, and other entities concerning the
effective use of technology in education;
(7) how the Secretary will promote the full
integration of technology into learning, including the
creation of new instructional opportunities through
access to challenging courses and information that
would otherwise not have been available, and
independent learning opportunities for students through
technology;
(8) how the Secretary will encourage the creation of
opportunities for teachers to develop through the use
of technology, their own networks and resources for
sustained and intensive, high quality professional
development;
(9) how the Secretary will utilize the outcomes of
the evaluation undertaken pursuant to section 5123 to
promote the purposes of this part; and
(10) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
SEC. 5122. FEDERAL LEADERSHIP.
(a) Program Authorized.--In order to provide Federal
leadership in promoting the use of technology in education, the
Secretary, in consultation with the National Science
Foundation, the Department of Commerce, the White House Office
of Science and Technology, and other appropriate Federal
agencies, may carry out activities designed to achieve the
purposes of this part directly or by awarding grants or
contracts competitively and pursuant to a peer review process
to, or entering into contracts with, State educational
agencies, local educational agencies, institutions of higher
education, or other public and private nonprofit or for-profit
agencies and organizations.
(b) Assistance.--
(1) In general.--The Secretary shall provide
assistance to the States to enable such States to plan
effectively for the use of technology in all schools
throughout the State.
(2) Other federal agencies.--For the purpose of
carrying out coordinated or joint activities consistent
with the purposes of this part, the Secretary may
accept funds from, and transfer funds to, other Federal
agencies.
(c) Uses of Funds.--The Secretary shall use funds made
available to carry out this section for activities designed to
carry out the purpose of this part, to include 1 or more of the
following activities--
(1) providing assistance to technical assistance
providers to enable such providers to improve
substantially the services such providers offer to
educators, including principals and superintendents,
regarding the uses of technology for education,
including professional development;
(2) providing development grants to technical
assistance providers, to enable such providers to
improve substantially the services such providers offer
to educators, including principals and superintendents,
on the educational uses of technology, including
professional development;
(3) consulting with representatives of industry,
elementary and secondary education, higher education,
adult and family education, and appropriate experts in
technology and educational applications of technology
in carrying out activities under this subpart;
(4) research on, and the development of, applications
for education of the most advanced and newly emerging
technologies, including high quality video, voice
recognition devices, modeling and simulation software
(particularly web-based software and intelligent
tutoring), hand held devices, and wireless
technologies, which research shall be coordinated, when
appropriate, with the Office of Educational Research
and Improvement, and other Federal agencies;
(5) the development, demonstration, and evaluation of
the educational aspects of high performance computing
and communications technologies and of the national
information infrastructure, in providing professional
development for teachers, school librarians, school
media specialists, other educators, and other
appropriate school personnel; enriching academic
curricula for elementary and secondary schools;
facilitating communications among schools, local
educational agencies, libraries, parents, and local
communities and in other such areas as the Secretary
deems appropriate;
(6) the development, demonstration, and evaluation of
applications of technology and innovative tools in
preschool education, elementary and secondary
education, training and lifelong learning, and
professional development of educational personnel;
(7) increasing and improving opportunities for
professional development for teachers, principals,
superintendents and pupil service personnel through
technology;
(8) the evaluation of software and other products,
including multimedia television programming, that
incorporate advances in technology and helpachieve
America's Education Goals, State content standards and State student
performance standards;
(9) the development, demonstration, and evaluation of
model strategies for preparing teachers and other
personnel to use technology effectively to improve
teaching and learning;
(10) the development of model programs that
demonstrate the educational effectiveness of technology
in urban and rural areas and economically distressed
communities;
(11) research on, and the evaluation of, the
effectiveness and benefits of technology in education
by making available such research and the results of
such evaluation in a national repository as providing
for its use for sustained and intensive high quality
professional development;
(12) a biennial assessment of, and report to the
public regarding, the availability of uses of
technology in elementary and secondary education
throughout the United States upon which private
businesses and Federal, State, tribal, and local
governments may rely for decisionmaking about the need
for, and provision of, appropriate technologies in
schools, which assessment and report shall use, to the
extent possible, existing information and resources;
(13) conferences on, and dissemination of information
regarding, the uses of technology in education;
(14) the development of model strategies to promote
gender equity concerning access to, and the use of,
technology in the classroom;
(15) encouraging collaboration between the Department
and other Federal agencies in the development,
implementation, evaluation and funding of applications
of technology for education, as appropriate;
(16) the development of model programs, mentoring, or
other programs that may include partnerships with a
business, an industry, or an institution of higher
education, that encourages students, including young
women, to pursue demanding careers and higher education
degrees in mathematics, science, engineering and
technology;
(17) the conduct of long-term controlled studies on
the effectiveness of the use of educational technology
and the conduct of evaluations and applied reach
studies that examine how students learn using
technology and the characteristics of classrooms and
other educational settings that use education
technology effectively;
(18) the development, demonstration, and evaluation
of model technology programs designed to improve
parental involvement; and
(19) such other activities as the Secretary
determines will meet the purposes of this subpart.
(d) Non-Federal Share.--
(1) In general.--Subject to paragraphs (2) and (3),
the Secretary may require any recipient of a grant or
contract under this section to share in the cost of the
activities assisted under such grant or contract, which
non-Federal share shall be announced through a notice
in the Federal Register and may be in the form of cash
or in-kind contributions, fairly valued.
(2) Increase.--The Secretary may increase the non-
Federal share that is required of a recipient of a
grant or contract under this section after the first
year such recipient receives funds under such grant or
contract.
(3) Maximum.--The non-Federal share required under
this section shall not exceed 50 percent of the cost of
the activities assisted pursuant to a grant or contract
under this section.
Subpart 2--State and Local Programs for School Technology Resources
SEC. 5131. ALLOTMENT AND REALLOTMENT.
(a) Allotment.--
(1) In general.--Except as provided in paragraph (2),
each State educational agency shall be eligible to
receive a grant under this subpart for a fiscal year in
an amount which bears the same relationship to the
amount made available under section 5113(a)(3)(A) for
such year as the amount such State received under part
A of title I for such year bears to the amount received
for such year under such part by all States.
(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any
fiscal year in an amount which is less than one-half of
1 percent of the amount made available under section
5113(a)(3)(A) for such year.
(3) Outlying areas.--The Secretary shall reserve an
amount equal to one-half of 1 percent of the amount
made available to carry out section 5132 for each
fiscal year to provide grants to outlying areas in
amounts that are based on the relative needs of such
areas as determined by the Secretary in accordance with
the purposes of section 5132.
(b) Reallotment of Unused Funds.--
(1) In general.--The amount of any State educational
agency's allotment under subsection (a) for any fiscal
year which the State educational agency determines will
not be required for such fiscal year to carry out this
subpart shall be available for reallotment from time to
time, on such dates during such year as the Secretary
may determine, to other State educational agencies in
proportion to the original allotments to such State
educational agencies under subsection (a) for such
year.
(2) Other reallotments.--The total of reductions
under paragraph (1) shall be similarly reallotted among
the State educational agencies whose proportionate
amounts were not so reduced. Any amounts reallotted to
a State educational agency under this subsection during
a year shall be deemed a subpart of such agencies
allotment under subsection (a) for such year.
SEC. 5132. TECHNOLOGY LITERACY FUND.
(a) Grants to States.--
(1) In general.--From amounts made available under
section 5131, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 5133.
(2) Use of grants.--
(A) In general.--Each State educational
agency receiving a grant under paragraph (1)
shall use such grant funds to award grants, on
a competitive basis, to local educational
agencies to enable such local educational
agencies to carry out the activities described
in section 5134.
(B) Size, scope and duration.--In awarding
grants under subparagraph (A), each State
educational agency shall ensure that each such
grant is of sufficient duration, and of
sufficient size, scope, and quality, to carry
out the purposes of this part effectively.
(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
(1) identify the local educational agencies served by
the State educational agency that--
(A) have the highest number or percentage of
children in poverty; and
(B) demonstrate to such State educational
agency the greatest need for technical
assistance in developing the application under
section 5133; and
(2) offer such technical assistance to such local
educational agencies.
SEC. 5133. STATE APPLICATION.
To receive funds under this subpart, each State educational
agency shall submit a statewide educational technology plan
which may include plans submitted under statewide technology
plans which meet the requirements of this section. Such
application shall be submitted to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require. Each such application shall
contain a systemic statewide plan that--
(1) outlines long-term strategies for financing
technology education in the State and describes how
business, industry, and other public and private
agencies, including libraries, library literacy
programs, and institutions of higher education, can
participate in the implementation, ongoing planning,
and support of the plan;
(2) meets such other criteria as the Secretary may
establish in order to enable such agency to provide
assistance to local educational agencies that have the
highest numbers or percentages of children in poverty
and demonstrate the greatest need for technology, in
order to enable such local educational agencies, for
the benefit of school sites served by such local
educational agencies, to carry out activities such as--
(A) purchasing quality technology resources;
(B) installing various linkages necessary to
acquire connectivity;
(C) integrating technology into the
curriculum in order to improve student learning
and achievement;
(D) providing teachers, library media
personnel, principals and superintendents with
training or access to training;
(E) providing administrative and technical
support and services that improve student
learning through enriched technology-enhanced
resources, including library media resources;
(F) promoting in individual schools the
sharing, distribution, and application of
educational technologies with demonstrated
effectiveness;
(G) assisting schools in promoting parent
involvement;
(H) assisting the community in providing
literacy-related services;
(I) establishing partnerships with private or
public educational providers or other entities
to serve the needs of children in poverty; and
(J) providing assurances that financial
assistance provided under this part shall
supplement, not supplant, State and local
funds;
(3) the State educational agency's specific goals for
using advanced technologies to improve student
achievement and student performance to challenging
State academic content and performance standards by--
(A) using web-based resources and
telecommunications networks to provide
challenging content and improve classroom
instruction;
(B) using research-based teaching practices
and models of effective uses of advanced
technology to promote basic skills in core
academic areas and higher-order thinking skills
in all students; and
(C) promoting sustained and intensive high-
quality professional development that increases
teacher capacity to enable students to learn
challenging State content and performance
standards and develop higher-order thinking
skills through the integration of technology
into instruction; and
(4) the State educational agency's strategy for
disseminating information.
SEC. 5134. LOCAL USES OF FUNDS.
Each local educational agency, to the extent possible, shall
use the funds made available under section 5132(a)(2) for--
(1) adapting or expanding existing and new
applications of technology to enable teachers to help
students to achieve to challenging State academic
content and student performance standards through the
use of research-based teaching practices and advanced
technologies;
(2) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative
support;
(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and
software, for use by teachers, students and school
library media personnel in the classroom or in school
library media centers, in order to improve student
learning by supporting the instructional program
offered by such agency to ensure that studentsin
schools will have meaningful access on a regular basis to such
linkages, resources and services;
(4) providing sustained and intensive, high-quality
professional development in the integration of advanced
technologies into curriculum and in using those
technologies to create new learning environments,
including training in the use of technology to access
data and resources to develop curricula and
instructional materials that are aligned to the
challenging State academic content standards in core
academic subjects;
(5) acquiring connectivity with wide area networks
for purposes of accessing information and educational
programming sources, particularly with institutions of
higher education and public libraries;
(6) providing educational services for adults and
families;
(7) carrying out programs that prepare prospective
teachers to use advanced technology to foster learning
environments conducive to preparing all students to
achieve challenging State and local content and student
performance standards through the use of a variety of
models including school-based professional development;
(8) supporting in-school and school-community
collaboration to make more effective and efficient use
of existing investments in technology;
(9) utilizing technology to develop or expand efforts
to connect schools and teachers with parents to promote
meaningful parental involvement and foster increased
communication about curriculum, assignments and
assessments;
(10) providing support to help parents understand the
technology being applied in their children's education
so that parents will be able to reinforce their
children's learning;
(11) using web-based learning resources, including
those that provide access to challenging courses; and
(12) providing education technology for advanced
placement instruction.
SEC. 5135. LOCAL APPLICATIONS.
Each local educational agency desiring assistance from a
State educational agency under section 5132(a)(2) shall submit
an application, consistent with the objectives of the systemic
statewide plan, to the State educational agency at such time,
in such manner and accompanied by such information as the State
educational agency may reasonably require. Such application, at
a minimum, shall--
(1) include a strategic, long-range (3- to 5-year),
plan that includes--
(A) a description of the type of technologies
to be acquired, including specific provisions
for interoperability among components of such
technologies and, to the extent practicable,
with existing technologies;
(B) an explanation of how the acquired
technologies will be integrated into the
curriculum to help the local educational agency
enhance teaching, training, and student
achievement;
(C) an explanation of how programs will be
developed in collaboration with existing adult
literacy services providers to maximize the use
of such technologies;
(D)(i) a description of how the local
educational agency will ensure ongoing,
sustained professional development for
teachers, principals, superintendents,
appropriate school personnel, and school
library media personnel served by the local
educational agency to further the use of
technology in the classroom or library media
center;
(ii) a list of the source or sources of
ongoing training and technical assistance
available to schools, teachers, principals,
superintendents, other appropriate school
personnel and library media personnel served by
the local educational agency, such as State
technology offices, intermediate educational
support units, regional educational
laboratories or institutions of higher
education; and
(iii) a description of how parents will be
informed of the use of technologies so that the
parents will be able to reinforce at home the
instruction their children receive at school;
(E) a description of the supporting
resources, such as services, software and print
resources, which will be acquired to ensure
successful and effective use of technologies
acquired under this section;
(F) the projected timetable for implementing
such plan in schools;
(G) the projected cost of technologies to be
acquired and related expenses needed to
implement such plan; and
(H) a description of how the local
educational agency will coordinate the
technology provided pursuant to this subpart
with other grant funds available for technology
from other Federal, State and local sources;
(2) describe how the local educational agency will
involve parents, public libraries, business leaders and
community leaders in the development of such plan;
(3) describe how the acquired instructionally based
technologies will help the local educational agency--
(A) promote equity in education in order to
support State content standards and State
student performance standards that may be
developed;
(B) provide access for teachers, other
appropriate school personnel, parents and
students to the best teaching practices and
curriculum resources through technology; and
(C) improve parental involvement in schools;
(4) describe a process for the ongoing evaluation of
how technologies acquired under this section--
(A) will be integrated into the school
curriculum; and
(B) will affect student achievement and
progress toward meeting America's Education
Goals and any challenging State content
standards and State student performance
standards that may be developed;
(5) describe how the consortia will develop or
redesign teacher preparation programs to enable
prospective teachers to use technology effectively in
their classroom, if applicable to the consortia; and
(6) describe how the local educational agency will
effectively use technology to promote parental
involvement and increase communication with parents.
(d) Formation of Consortia.--A local educational agency for
any fiscal year may apply for financial assistance as part of a
consortium with other local educational agencies, institutions
of higher education, intermediate educational units, libraries,
or other educational entities appropriate to provide local
programs. The State educational agency may assist in the
formation of consortia among local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities to
provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance
under this section has developed a comprehensive education
improvement plan, in conjunction with requirements under this
Act, the State educational agency may approve such plan, or a
component of such plan, notwithstanding the requirements of
subsection (d) if the State educational agency determines that
such approval would further the purposes of this subpart.
SEC. 5136. NATIONAL TECHNOLOGY INNOVATION GRANTS.
(a) Grants Authorized.--
(1) In general.--From amounts made available under
section 5113(a)(3)(B) for any fiscal year the Secretary
is authorized to award grants, on a competitive basis,
to consortia having applications approved under
subsection (d), which consortia shall include at least
1 local educational agency with a high percentage or
number of children living below the poverty line and
may include other local educational agencies, State
educational agencies, institutions of higher education,
businesses, academic content experts, software
designers, museums, libraries, or other appropriate
entities.
(2) Duration.--Grants under this section shall be
awarded for a period of 5 years.
(3) Continuation grants.--The Secretary may award
continuation grants under this section, where
applicable, to entities receiving grants under the
Preparing Tomorrows Teachers to Use Technology Program.
(b) Use of Grants.--Grants awarded under subsection (a) shall
be used for activities described in section 5134.
(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate in
the application submitted under subsection (d) that--
(1) the project for which assistance is sought is
designed to serve areas with a high number or
percentage of disadvantaged students or the greatest
need for educational technology;
(2) the project will directly benefit students by,
for example, integrating the acquired technologies into
curriculum to help the local educational agency enhance
teaching, training, and student achievement;
(3) the project will ensure ongoing, sustained
professional development for teachers, principals,
superintendents, other appropriate school personnel,
and school library media personnel served by the local
educational agency to further the use of technology in
the classroom or library media center including the
preservice education of prospective teachers in the use
of educational technology if 1 of the members of the
consortia is an institution of higher education that
prepares teachers for their initial entry into
teaching;
(4) the project will ensure successful, effective,
and sustainable use of technologies acquired under this
subsection;
(5) members of the consortia or other appropriate
entities will contribute substantial financial and
other resources to achieve the goals of the project;
(6) the project will enhance parental involvement by
providing parents the information needed to more fully
participate in their child's learning; and
(7) the project will use education technology for
advanced placement instruction.
(d) Application.--
(1) In general.--Each consortium desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably
require.
(2) Fiscal agents.--Any member of a consortium may
serve as the fiscal agent of the consortium for
purposes of this subpart, so long as the lead local
educational agency agrees to permit such member to
serve as the fiscal agent.
SEC. 5137. FEDERAL ADMINISTRATION.
(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs
under this subpart.
(b) Specific Evaluations.--The Secretary shall submit to the
Congress by not later than 3 years after the date of enactment
of this title an evaluation of State and local outcomes of the
technology literacy challenge funds program and of the
technology innovations challenge grant program.
(c) Evaluation Summary.--The Secretary shall submit to the
Congress by not later than 2 years after the date of enactment
of this title a summary of the State evaluations of programs
under this subpart in accordance with the provisions of section
10201.
Subpart 3--Regional Technical Support and Professional Development
SEC. 5141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.
(a) Grants Authorized.--
(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance
with the provisions of this section, to regional
entities such as the Eisenhower Mathematics and Science
Regional Consortia, the regional education
laboratories, the comprehensive regional assistance
centers, or such other regional entities as may be
designated or established by the Secretary. In awarding
grants under this section, the Secretary shall ensure
that each geographic region of the United States shall
be served by such a consortium.
(2) Requirements.--Each consortium receiving a grant
under this section shall--
(A) be composed of State educational
agencies, institutions of higher education,
nonprofit organizations, or a combination
thereof;
(B) in cooperation with State and local
educational agencies, develop a regional
program that addresses professional
development, technical assistance, and
information resource dissemination, with
special emphasis on meeting the documented
needs of educators and learners in the region;
and
(C) foster regional cooperation and resource
and coursework sharing.
(b) Functions.--
(1) Technical assistance.--Each consortium receiving
a grant under this section shall, to the extent
practicable--
(A) collaborate with State educational
agencies and local educational agencies
requesting collaboration, particularly in the
development of strategies for assisting those
schools with the highest numbers or percentages
of disadvantaged students with little or no
access to technology in the classroom;
(B) provide information, in coordination with
information available from the Secretary, to
State educational agencies, local educational
agencies, schools and adult education programs,
on the types and features of various
educational technology equipment and software
available, evaluate and make recommendations on
equipment and software that support America's
Education Goals and are suited for a school's
particular needs, and compile and share
information regarding creative and effective
applications of technology in the classroom and
school library media centers in order to
support the purposes of this part;
(C) collaborate with such State educational
agencies, local educational agencies, or
schools requesting to participate in the
tailoring of software programs and other
supporting materials to meet challenging State
content standards or challenging State student
performance standards that may be developed;
and
(D) provide technical assistance to
facilitate use of the electronic dissemination
networks by State and local educational
agencies and schools throughout the region.
(2) Professional development.--Each consortium
receiving a grant under this section shall, to the
extent practicable--
(A) develop and implement, in collaboration
with State educational agencies and
institutions of higher education, technology-
specific, ongoing professional development,
such as--
(i) intensive school year and summer
workshops that use teachers, school
librarians, and school library
personnel to train other teachers,
school librarians, and other school
library media personnel; and
(ii) distance professional
development, including--
(I) interactive training
telecourses using researchers,
educators, and
telecommunications personnel
who have experience in
developing, implementing, or
operating educational and
instructional technology as a
learning tool;
(II) onsite courses teaching
teachers to use educational and
instructional technology and to
develop their own instructional
materials for effectively
incorporating technology and
programming in their own
classrooms;
(III) methods for successful
integration of instructional
technology into the curriculum
in order to improve student
learning and achievement;
(IV) video conferences and
seminars which offer
professional development
through peer interaction with
experts as well as other
teachers using technologies in
their classrooms; and
(V) mobile education
technology and training
resources;
(B) develop training resources that--
(i) are relevant to the needs of the
region and schools within the region;
(ii) are relevant to the needs of
adult literacy staff and volunteers,
including onsite courses on how to--
(I) use instructional
technology; and
(II) develop instructional
materials for adult learning;
and
(iii) are aligned with the needs of
teachers and administrators in the
region;
(C) establish a repository of professional
development and technical assistance resources;
(D) identify and link technical assistance
providers to State and local educational
agencies, as needed;
(E) ensure that training, professional
development, and technical assistance meet the
needs of educators, parents, and students
served by the region;
(F) assist colleges and universities within
the region to develop and implement preservice
training programs for students enrolled in
teacher education programs; and
(G) assist local educational agencies and
schools in working with community members and
parents to develop support from communities and
parents for educational technology programs and
projects.
(3) Information and resource dissemination.--Each
consortium receiving a grant under this section shall,
to the extent practicable--
(A) assist State and local educational
agencies in the identification and procurement
of financial, technological and human resources
needed to implement technology plans;
(B) provide outreach and, at the request of a
State or local educational agency, work with
such agency to assist in the development and
validation of instructionally based technology
education resources; and
(C) coordinate activities and establish
partnerships with organizations and
institutions of higher education that represent
the interests of the region as such interests
pertain to the application of technology in
teaching, learning, instructional management,
dissemination, collection and distribution of
educational statistics, and the transfer of
student information.
(4) Coordination.--Each consortium receiving a grant
under this section shall work collaboratively, and
coordinate the services the consortium provides, with
appropriate regional and other entities assisted in
whole or in part by the Department.
(c) Reports on Current Grantees.--Not later than 3 months
after the date of enactment of this title, entities receiving
grants under section 3141 of this Act (as such section existed
1 day prior to the date of enactment of this title) shall
prepare and submit to the Secretary a report concerning
activities undertaken with amounts received under such grants.
* * * * * * *
PART B--STAR SCHOOLS PROGRAM
SEC. 5201. SHORT TITLE.
This part may be cited as the ``Star Schools Act''.
SEC. 5202. PURPOSE.
It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages and
challenging and advanced courses as well as other subjects,
such as literacy skills and vocational education, and to serve
underserved populations, including the disadvantaged,
illiterate, limited-English proficient, and individuals with
disabilities, through a star schools program under which grants
are made to eligible telecommunication partnerships to enable
such partnerships to--
(1) develop, construct, acquire, maintain and operate
telecommunications facilities and equipment;
(2) develop and acquire educational and instructional
programming; and
(3) obtain technical assistance for the use of such
facilities and instructional programming.
SEC. 5203. GRANTS AUTHORIZED.
(a) Authority.--The Secretary, through the Office of
Educational Technology, is authorized to make grants, in
accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of--
(1) the development, construction, acquisition,
maintenance and operation of telecommunications
facilities and equipment;
(2) the development and acquisition of interactive
instructional programming;
(3) the development and acquisition of preservice and
inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, effective skill transfer, and ongoing, in-
class instruction;
(4) the establishment of web-based resources or
teleconferencing facilities and resources for making
interactive training available to teachers;
(5) obtaining technical assistance; and
(6) the coordination of the design and connectivity
of broadband and other telecommunications networks to
reach the greatest number of schools.
(b) Duration.--
(1) In general.--The Secretary shall award grants
pursuant to subsection (a) for a period of 5 years.
(2) Renewal.--Grants awarded pursuant to subsection
(a) may be renewed for 1 additional 3-year period.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated $50,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
(2) Availability.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available
until expended.
(d) Limitations.--
(1) In general.--A grant under this section shall not
exceed--
(A) five years in duration; and
(B) $10,000,000 in any 1 fiscal year.
(2) Instructional programming.--Not less than 25
percent of the funds available to the Secretary in any
fiscal year under this part shall be used for the cost
of instructional programming.
(3) Special rule.--Not less than 50 percent of the
funds available in any fiscal year under this part
shall be used for the cost of facilities, equipment,
teacher training or retraining, technical assistance,
or programming, for local educational agencies which
are eligible to receive assistance under part A of
title I.
(e) Federal Share.--
(1) In general.--The Federal share of the cost of
projects funded under this section shall not exceed--
(A) 75 percent for the first and second years
for which an eligible telecommunications
partnership receives a grant under this part;
(B) 60 percent for the third and fourth such
years; and
(C) 50 percent for the fifth such year.
(2) Reduction or waiver.--The Secretary may reduce or
waive the requirement of the non-Federal share under
paragraph (1) upon a showing of financial hardship.
(f) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other Federal
departments or agencies to carry out the purposes of this
section, including funds for the purchase of equipment.
(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency operating
a telecommunications network for educational purposes, shall
coordinate the activities assisted under this part with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
(1) closed captioning of the verbal content of such
program, where appropriate, to be broadcast by way of
line 21 of the vertical blanking interval, or by way of
comparable successor technologies; and
(2) descriptive video of the visual content of such
program, as appropriate.
(i) Advanced Placement Instruction.--Each eligible entity
receiving funds under this part is encouraged to deliver
advanced placement instruction to underserved communities.
SEC. 5204. ELIGIBLE ENTITIES.
(a) Eligible Entities.--
(1) Required participation.--The Secretary may make a
grant under section 5203 to any eligible entity, if at
least 1 local educational agency is participating in
the proposed project.
(2) Eligible entity.--For the purpose of this part,
the term ``eligible entity'' may include--
(A) a public agency or corporation
established for the purpose of developing and
operating telecommunications networks to
enhance educational opportunities provided by
educational institutions, teacher training
centers, and other entities, except that any
such agency or corporation shall represent the
interests of elementary and secondary schools
that are eligible to participate in the program
under part A of title I; or
(B) a partnership that will provide
telecommunications services and which includes
3 or more of the following entities, at least 1
of which shall be an agency described in clause
(i) or (ii):
(i) a local educational agency that
serves a significant number of
elementary and secondary schools that
are eligible for assistance under part
A of title I, or elementary and
secondary schools operated or funded
for Indian children by the Department
of the Interior eligible under section
1121(b)(2);
(ii) a State educational agency;
(iii) adult and family education
programs;
(iv) an institution of higher
education or a State higher education
agency;
(v) a teacher training center or
academy that--
(I) provides teacher pre-
service and in-service
training; and
(II) receives Federal
financial assistance or has
been approved by a State
agency;
(vi)(I) a public or private entity
with experience and expertise in the
planning and operation of a
telecommunications network, including
entities involved in telecommunications
through the Internet, satellite, cable,
telephone, or computer; or
(II) a public broadcasting entity
with such experience; or
(vii) a public or private elementary
or secondary school.
(b) Special Rule.--An eligible entity receiving assistance
under this part shall be organized on a statewide or multistate
basis.
SEC. 5205. APPLICATIONS.
(a) Applications Required.--Each eligible entity which
desires to receive a grant under section 5203 shall submit an
application to the Secretary, at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
(b) Star School Award Applications.--Each application
submitted pursuant to subsection (a) shall--
(1) describe how the proposed project will assist in
achieving America's Education Goals, how such project
will assist all students to have an opportunity to
learn to challenging State and local standards, how
such project will assist State and local educational
reform efforts, and how such project will contribute to
creating a high quality system of lifelong learning;
(2) describe the telecommunications facilities and
equipment and technical assistance for which assistance
is sought, which may include--
(A) the design, development, construction,
acquisition, maintenance and operation of State
or multistate educational telecommunications
networks and technology resource centers;
(B) microwave, fiber optics, cable, and
satellite transmission equipment or any
combination thereof;
(C) reception facilities and equipment;
(D) satellite time and other transmissions;
(E) production facilities and equipment;
(F) other Internet education portals and
telecommunications equipment capable of serving
a wide geographic area;
(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought,
including training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
(H) the development of educational and
related programming for use on a
telecommunications network;
(3) in the case of an application for assistance for
instructional programming, describe the types of
programming which will be developed to enhance
instruction and training and provide assurances that
such programming will be designed in consultation with
professionals (including classroom teachers) who are
experts in the applicable subject matter and grade
level;
(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served
to ensure that the services offered by the eligible
entity will increase the availability of courses of
instruction in English, mathematics, science, foreign
languages, arts, history, geography, or other
disciplines;
(5) describe the professional development policies
for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for which
assistance is sought;
(6) describe the manner in which historically
underserved students (such as students from low-income
families, limited English proficient students, students
with disabilities, or students who have low literacy
skills) and their families, will participate in the
benefits of the telecommunications facilities,
equipment, technical assistance, and programming
assisted under this part;
(7) describe how existing telecommunications
equipment, facilities, and services, where available,
will be used;
(8) provide assurances that the financial interest of
the United States in the telecommunications facilities
and equipment will be protected for the useful life of
such facilities and equipment;
(9) provide assurances that a significant portion of
any facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary and secondary schools will be made available
to schools or local educational agencies that have a
high number or percentage of children eligible to be
counted under part A of title I;
(10) provide assurances that the applicant will use
the funds provided under this part to supplement and
not supplant funds otherwise available for the purposes
of this part;
(11) if any member of the consortia receives
assistance under subpart 3 of part A, describe how
funds received under this part will be coordinated with
funds received for educational technology in the
classroom under such section;
(12) describe the activities or services for which
assistance is sought, such as--
(A) providing facilities, equipment, training
services, and technical assistance;
(B) making programs accessible to students
with disabilities through mechanisms such as
closed captioning and descriptive video
services;
(C) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum
areas;
(E) providing teacher and student support
services including classroom and training
support materials which permit student and
teacher involvement in the live interactive
distance learning telecasts;
(F) incorporating community resources such as
libraries and museums into instructional
programs;
(G) providing professional development for
teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family
educators;
(H) providing programs for adults to maximize
the use of telecommunications facilities and
equipment;
(I) providing teacher training on proposed or
established voluntary national content
standards in mathematics and science and other
disciplines as such standards are developed;
and
(J) providing parent education programs
during and after the regular school day which
reinforce a student's course of study and
actively involve parents in the learning
process;
(13) describe how the proposed project as a whole
will be financed and how arrangements for future
financing will be developed before the project expires;
(14) provide an assurance that a significant portion
of any facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary and secondary schools will be made available
to schools in local educational agencies that have a
high percentage of children counted for the purpose of
part A of title I;
(15) provide an assurance that the applicant will
provide such information and cooperate in anyevaluation
that the Secretary may conduct under this part; and
(16) include such additional assurances as the
Secretary may reasonably require.
(c) Priorities.--The Secretary, in approving applications for
grants authorized under section 5203, shall give priority to
applications describing projects that--
(1) propose high-quality plans to assist in achieving
1 or more of America's Education Goals, will provide
instruction consistent with State content standards, or
will otherwise provide significant and specific
assistance to States and local educational agencies
undertaking systemic education reform;
(2) will provide services to programs serving adults,
especially parents, with low levels of literacy;
(3) will serve schools with significant numbers of
children counted for the purposes of part A of title I;
(4) ensure that the eligible entity will--
(A) serve the broadest range of institutions,
programs providing instruction outside of the
school setting, programs serving adults,
especially parents, with low levels of
literacy, institutions of higher education,
teacher training centers, research institutes,
and private industry;
(B) have substantial academic and teaching
capabilities, including the capability of
training, retraining, and inservice upgrading
of teaching skills and the capability to
provide professional development;
(C) provide a comprehensive range of courses
for educators to teach instructional strategies
for students with different skill levels;
(D) provide training to participating
educators in ways to integrate
telecommunications courses into existing school
curriculum;
(E) provide instruction for students,
teachers, and parents;
(F) serve a multistate area; and
(G) give priority to the provision of
equipment and linkages to isolated areas; and
(5) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or
private television stations) participating in the
eligible entity and donating equipment or in-kind
services for telecommunications linkages.
(d) Geographic Distribution.--In approving applications for
grants authorized under section 5203, the Secretary shall, to
the extent feasible, ensure an equitable geographic
distribution of services provided under this part.
SEC. 5206. DEFINITIONS.
In this part:
(1) Educational institution.--The term ``educational
institution'' means an institution of higher education,
a local educational agency, or a State educational
agency.
(2) Instructional programming.--The term
``instructional programming'' means courses of
instruction and training courses for elementary and
secondary students, teachers, and others, and materials
for use in such instruction and training that have been
prepared in audio and visual form on either analog or
digital format and are presented by means of
telecommunications devices.
(3) Term public broadcasting entity.--The term
``public broadcasting entity'' has the same meaning
given such term in section 397 of the Communications
Act of 1934.
SEC. 5207. ADMINISTRATIVE PROVISIONS.
(a) Continuing Eligibility.--
(1) In general.--In order to be eligible to receive a
grant under section 5203 for a second 3-year grant
period an eligible entity shall demonstrate in the
application submitted pursuant to section 5205 that
such partnership shall--
(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this part for the
previous 5-year grant period; and
(B) use all grant funds received under this
part for the second 3-year grant period to
provide expanded services by--
(i) increasing the number of
students, schools or school districts
served by the courses of instruction
assisted under this part in the
previous fiscal year;
(ii) providing new courses of
instruction; and
(iii) serving new populations of
underserved individuals, such as
children or adults who are
disadvantaged, have limited-English
proficiency, are individuals with
disabilities, are illiterate, or lack
secondary school diplomas or their
recognized equivalent.
(2) Special rule.--Grant funds received pursuant to
paragraph (1) shall be used to supplementand not
supplant services provided by the grant recipient under this part in
the previous fiscal year.
(b) Federal Activities.--The Secretary may assist grant
recipients under section 5203 in acquiring satellite time and
other transmissions technologies, where appropriate, as
economically as possible.
SEC. 5208. OTHER ASSISTANCE.
(a) Special Statewide Network.--
(1) In general.--The Secretary, through the Office of
Educational Technology, may provide assistance to a
statewide fiber optics telecommunications network under
this subsection if such network--
(A) provides 2-way full motion interactive
video and voice communications via Internet,
cable and other technologies;
(B) links together public colleges and
universities and schools throughout the State;
and
(C) includes such additional assurances as
the Secretary may reasonably require.
(2) State contribution.--A statewide
telecommunications network assisted under paragraph (1)
shall contribute, either directly or through private
contributions, non-Federal funds equal to not less than
50 percent of the cost of such network.
(b) Special Local Network.--
(1) In general.--The Secretary may provide
assistance, on a competitive basis, to a local
educational agency or consortium thereof to enable such
agency or consortium to establish a high technology
demonstration program.
(2) Program requirements.--A high technology
demonstration program assisted under paragraph (1)
shall--
(A) include 2-way full motion interactive
video, data and voice communications;
(B) link together elementary and secondary
schools, colleges, and universities;
(C) provide parent participation and family
programs;
(D) include a staff development program; and
(E) have a significant contribution and
participation from business and industry.
(3) Special rule.--Each high technology demonstration
program assisted under paragraph (1) shall be of
sufficient size and scope to have an effect on meeting
America's Education Goals.
(4) Matching requirement.--A local educational agency
or consortium receiving a grant under paragraph (1)
shall provide, either directly or through private
contributions, non-Federal matching funds equal to not
less than 50 percent of the amount of the grant.
(c) Telecommunications Programs for Continuing Education.--
(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
enable such partnerships to develop and operate 1 or
more programs which provide on-line access to
educational resources in support of continuing
education and curriculum requirements relevant to
achieving a secondary school diploma or its recognized
equivalent. The program authorized by this section
shall be designed to advance adult literacy, secondary
school completion and the acquisition of specified
competency by the end of the 12th grade.
(2) Application.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary. Each such application shall--
(A) demonstrate that the applicant will use
publicly funded or free public
telecommunications infrastructure to deliver
video, voice and data in an integrated service
to support and assist in the acquisition of a
secondary school diploma or its recognized
equivalent;
(B) assure that the content of the materials
to be delivered is consistent with the
accreditation requirements of the State for
which such materials are used;
(C) incorporate, to the extent feasible,
materials developed in the Federal departments
and agencies and under appropriate federally
funded projects and programs;
(D) assure that the applicant has the
technological and substantive experience to
carry out the program; and
(E) contain such additional assurances as the
Secretary may reasonably require.
[PART C--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
[SEC. 5301. [20 U.S.C. 7261] SHORT TITLE.
[This part may be cited as the ``School Dropout Assistance
Act''.
[SEC. 5302. [20 U.S.C. 7262] PURPOSE.
[The purpose of this part is to reduce the number of children
who do not complete their elementary and secondary education by
providing grants to local educational agencies to establish--
[(1) effective programs to identify potential student
dropouts, including pregnant and parenting teenagers,
and prevent such students from dropping out of school;
[(2) effective programs to identify and encourage
children who have already dropped out to reenter school
and complete their elementary and secondary education;
[(3) effective early intervention programs designed
to identify at-risk students in elementary and
secondary schools; and
[(4) model systems for collecting and reporting
information to local school officials on the number,
ages, sex, race or ethnicity, and grade levels of the
children not completing their elementary and secondary
education and the reasons why such children have
dropped out of school.
[SEC. 5303. [20 U.S.C. 7263] GRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Allotment to Categories of Local Educational Agencies.--
From the amount appropriated under section 5308 for any fiscal
year, the Secretary shall first reserve not more than
$2,000,000 for the purposes of evaluating programs carried out
with assistance under this part in accordance with section
14701. From the remaining amount, the Secretary shall allot the
following percentages to each of the following categories of
local educational agencies:
[(1) Local educational agencies administering schools
with a total enrollment of 100,000 or more elementary
and secondary school students shall be allotted 25
percent of such remaining amount.
[(2) Local educational agencies administering schools
with a total enrollment of at least 20,000 but less
than 100,000 elementary and secondary school students
shall be allotted 40 percent of such remaining amount.
[(3) Local educational agencies administering schools
with a total enrollment of less than 20,000 elementary
and secondary school students shall be allotted 30
percent of such remaining amount. Grants may be made
under this paragraph to educational service agencies
and consortia of not more than 5 local educational
agencies in any case in which the total enrollment of
the largest such local educational agency is less than
20,000 elementary and secondary students. Such agencies
and consortia may also apply for assistance under this
part in conjunction with the State educational agency.
Not less than 20 percent of funds available under this
paragraph shall be awarded to local educational
agencies administering schools with a total enrollment
of less than 2,000 elementary and secondary school
students.
[(4) Community-based organizations shall be allotted
5 percent of such remaining amount. Grants under this
paragraph shall be made after consultation between the
community-based organization and the local educational
agency that is to benefit from such a grant.
[(b) Special Consideration.--
[(1) In general.--The Secretary shall give special
consideration to awarding funds available for each
category described in paragraphs (1), (2), and (3) of
subsection (a) to local educational agencies
participating in an educational partnership.
[(2) Educational partnerships.--For the purpose of
this part the term ``educational partnerships'' means a
partnership between--
[(A) a local educational agency; and
[(B) a business concern or business
organization, community-based organization,
nonprofit private organization, institution of
higher education, State educational agency,
State or local public agency, private industry
council (established under the Job Training
Partnership Act), museum, library, or
educational television or broadcasting station.
[(c) Award of Grant.--
[(1) In general.--From the amount allotted for any
fiscal year to a category of local educational agencies
under subsection (a), the Secretary shall award as many
grants as practicable within each such category to
local educational agencies and educational partnerships
whose applications have been approved by the Secretary
for such fiscal year under section 5304 and whose
applications propose a program of sufficient size,
scope, and quality to be effective.
[(2) Additional funds.--Any local educational agency
or educational partnership that has received a grant
under this part shall be eligible for additional funds
as provided under subsection (d).
[(3) Terms and conditions.--Grants under this part
shall be made under such terms and conditions as the
Secretary shall prescribe.
[(d) Use of Funds When Not Fully Allotted to Categories Under
Subsection (a).--
[(1) In general.--Whenever the Secretary determines
that the full amount of the sums allotted under any
category set forth under subsection (a) will not be
required for applications of the local educational
agencies in the case of categories described in
paragraphs (1), (2), or (3) of subsection (a), the
Secretary shall make the amount not so required
available to another category under subsection (a). In
carrying out the provisions of this subsection, the
Secretary shall assure that the transfer of amounts
from one category to another is made to a category in
which there is the greatest need for funds.
[(2) Peer review.--In order to transfer funds under
this subsection, the Secretary shall use a peer review
process to determine that such excess funds are not
needed to fund projects in particular categories and
shall prepare a list of the categories in which funds
were not fully expended and the reasons therefor, and
make such list available to local educational agencies
and educational partnerships upon request. The
Secretary may use the peer review process to determine
grant recipients of funds transferred in accordance
with this subsection.
[(e) Federal Share.--
[(1) Federal share.--The Federal share of a grant
under this part may not exceed--
[(A) 90 percent of the total cost of a
project for the first year for which the
project receives assistance under this part;
and
[(B) 75 percent of such cost in each such
succeeding fiscal year.
[(2) Remaining costs.--The remaining cost of a
project that receives assistance under this part may be
paid from any source other than funds made available
under this part, except that not more than 10 percent
of the remaining cost in any fiscal year may be
provided from Federal sources other than this part.
[(3) Non-federal share.--The share of payments from
sources other than funds made available under this part
may be in cash or in kind fairly evaluated, including
plant, equipment or services.
[SEC. 5404. [20 U.S.C. 7264] APPLICATION.
[(a) Application Required.--
[(1) In general.--A grant under this part may be made
only to a local educational agency or an educational
partnership which submits an application to the
Secretary containing such information as may be
required by the Secretary by regulation.
[(2) Duration.--Each such application shall be for a
three-year period.
[(b) Contents.--Each such application shall--
[(1) provide documentation of--
[(A) the number of children who were enrolled
in the schools to be served by the applicant
for the five academic years prior to the date
application is made who have not completed
their elementary or secondary education and who
are classified as school dropouts; and
[(B) the percentage that such number of
children is of the total school-age population
in the applicant's schools;
[(2) include a plan for the development and
implementation of a school dropout information
collection and reporting system for documenting the
extent and nature of the dropout problem, which system
shall collect and cross tabulate data, where feasible,
by sex according to race or ethnicity and socioeconomic
status;
[(3) include a plan for coordinated activities
involving not less than one secondary school and its
feeder junior high or middle schools and elementary
schools for local educational agencies that have feeder
systems;
[(4) when applicable, describe how programs assisted
under this part will be coordinated with, and not
duplicate, programs assisted under title I;
[(5) include a description of how the program
assisted under this part is consistent with the second
National Education Goal, relating to school completion,
and other Federal programs as appropriate; and
[(6) contain such other information as the Secretary
considers necessary to determine the nature of the
local needs, the quality of the proposed project, and
the capability of the applicant to carry out the
project.
[(c) Priority.--The Secretary shall, in approving
applications under this section, give priority to applications
which--
[(1) demonstrate the replication of successful
programs conducted in other local educational agencies
or the expansion of successful programs within a local
educational agency; and
[(2) reflect very high numbers or very high
percentages of school dropouts in the schools of the
applicant in each category described in section
5303(a).
[(d) Special Consideration.--The Secretary shall give
additional special consideration to applications that include--
[(1) provisions which emphasize early intervention
services designed to identify at-risk students in
elementary or early secondary schools; and
[(2) provisions for significant parental involvement.
[(e) Grants for New Grantees.--In awarding grants under this
part the Secretary shall use only the priorities and special
considerations described in subsections (c) and (d).
[(f) Continuation of Assistance.--For the two fiscal years
beginning after the date of enactment of the Improving
America's Schools Act of 1994, the Secretary shall approve an
application under this section for a local educational agency
which received funding in fiscal year 1994 under the School
Dropout Demonstration Assistance Act of 1988 (20 U.S.C. 3241 et
seq.) and which--
[(1) satisfies the requirements of this section;
[(2) qualifies for special consideration or priority
under--
[(A) section 5303(b); and
[(B) subsections (c) and (d) of this section;
and
[(3) provides evidence that the program for which
such agency is seeking assistance is effective in--
[(A) providing early intervention services to
at-risk students in elementary and secondary
schools;
[(B) identifying potential student dropouts;
and
[(C) preventing students from dropping out of
school.
[SEC. 5305. [20 U.S.C. 7265] AUTHORIZED ACTIVITIES.
[Grants under this part shall be used to carry out activities
and services described in applications approved under section
5304. In addition, grants may be used for educational,
occupational, and basic skills testing services and activities,
including--
[(1) the establishment of systemwide or school-level
policies, procedures, and plans for dropout prevention
and school reentry;
[(2) the development and implementation of
activities, including extended day or summer programs,
designed to address poor achievement, basic skills
deficiencies, language deficiencies, or course
failures, in order to assist students at risk of
dropping out of school and students reentering school,
including youth returning to school from a correctional
or other facility operated for delinquent youth;
[(3) the establishment or expansion of work-study,
apprentice, or internship programs;
[(4) the use of resources of the community, including
contracting with public or private entities or
community-based organizations of demonstrated
performance, to provide services to the grant recipient
or the target population;
[(5) the evaluation and revision of program placement
of students at risk;
[(6) the evaluation of program effectiveness of
dropout programs;
[(7) the development and implementation of programs
for traditionally underserved groups of students;
[(8) the implementation of activities which will
improve student motivation and the school learning
environment;
[(9) the provision of training for school personnel
on strategies and techniques designed to--
[(A) identify children at risk of dropping
out of school;
[(B) intervene in the instructional program
for such children with support and remedial
services;
[(C) develop realistic expectations for
student performance; and
[(D) improve student-staff interactions;
[(10) the study of the relationship between drugs and
school dropouts and between youth gangs and school
dropouts, and the coordination of dropout prevention
and reentry programs with appropriate drug prevention
and community organizations for the prevention of youth
gangs;
[(11) the study of the relationship between disabling
conditions and student dropouts;
[(12) the study of the relationship between the
dropout rate for gifted and talented students compared
to the dropout rate for the general student enrollment;
[(13) the use of educational telecommunications and
broadcasting technologies and educational materials
designed to extend, motivate, and reinforce school,
community, and home dropout prevention and reentry
activities;
[(14) the development and implementation of efforts
to identify and address factors in a student's decision
to drop out of school that are related to gender and
family roles, including activities and services
designed to meet the needs of pregnant and parenting
teenagers;
[(15) the provision of other educational,
occupational and testing services and activities which
directly relate to the purpose of this part;
[(16) activities which offer jobs and college
admissions for successful completion of the program for
which assistance is sought;
[(17) summer employment programs;
[(18) occupational training programs;
[(19) career opportunity and skills counseling;
[(20) job placement services;
[(21) the development of skill employment competency
testing programs;
[(22) special school staff training projects; and
[(23) mentoring programs.
[SEC. 5306. [20 U.S.C. 7266] DISTRIBUTION OF ASSISTANCE; LIMITATION ON
COSTS.
[(a) Distribution of Assistance.--The Secretary shall ensure
that, to the extent practicable, in approving grant
applications under this part--
[(1) grants are equitably distributed on a geographic
basis within each category set forth in section
5303(a);
[(2) the amount of a grant to a local educational
agency or an educational partnership for a fiscal year
is proportionate to the extent and severity of the
local school dropout problem;
[(3) not less than 30 percent of the amount available
for grants in each fiscal year is used for activities
relating to school dropout prevention; and
[(4) not less than 30 percent of the amount available
for grants in each fiscal year is used for activities
relating to persuading school dropouts to return to
school and assisting former school dropouts with
specialized services once school dropouts return to
school.
[(b) Administrative Costs.--Not more than five percent of any
grant made under this part may be used for administrative
costs.
[SEC. 5307. [20 U.S.C. 7267] REPORTS.
[(a) Annual Reports.--The Secretary shall submit to the
Congress a report by January 1 of each year, beginning on
January 1, 1995, which sets forth the progress of the
Commissioner of Education Statistics, established under section
403(b) of the National Education Statistics Act of 1994, to
implement a definition and data collection process for school
dropouts in elementary and secondary schools, including
statistical information for the number and percentage of
elementary and secondary school students by gender, race, and
ethnic origin who drop out of school each year, including
dropouts--
[(1) throughout the Nation by rural and urban
location as defined by the Secretary; and
[(2) in each of the individual States and the
District of Columbia.
[(b) Recommendations.--The report under subsection (a) shall
also contain recommendations on ways in which the Federal
Government, States and localities can further support the
implementation of an effective methodology to accurately
measure school dropout and retention rates on the national,
State, and local levels.
[SEC. 5308. [20 U.S.C. 7268] AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $50,000,000 for
fiscal year 1995, and such sums as may be necessary for each of
the 4 succeeding fiscal years, to carry out this part.]
PART C--MAGNET SCHOOLS ASSISTANCE
SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Magnet schools are a significant part of our
Nation's effort to achieve voluntary desegregation of
our Nation's schools.
(2) It is in the national interest to continue the
Federal Government's support of school districts that
are implementing court-ordered desegregation plans and
school districts that are voluntarily seeking to foster
meaningful interaction among students of different
racial and ethnic backgrounds.
(3) Desegregation can help ensure that all students
have equitable access to high-quality education that
will prepare them to function well in a technologically
oriented and highly competitive society comprised of
people from many different racial and ethnic
backgrounds.
(4) It is in the national interest to desegregate and
diversify those schools in our Nation that are
racially, economically, linguistically, or ethnically
segregated. Such segregation exists between minority
and non-minority students as well as among students of
different minority groups.
(b) Statement of Purpose.--The purpose of this part is to
assist in the desegregation of schools served by local
educational agencies by providing financial assistance to
eligible local educational agencies for--
(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students which shall assist in the efforts of
the United States to achieve voluntary desegregation in
public schools;
(2) the development and implementation of magnet
school projects that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
and local content standards and challenging State and
local student performance standards;
(3) the development and design of innovative
educational methods and practices;
(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable
vocational, technological and career skills of students
attending such schools;
(5) improving the capacity of local educational
agencies, including through professional development,
to continue operating magnet schools at a high
performance level after Federal funding is terminated;
and
(6) ensuring that all students enrolled in the magnet
school program have equitable access to high quality
education that will enable the students to succeed
academically and continue with post secondary education
or productive employment.
SEC. 5302. PROGRAM AUTHORIZED.
The Secretary, in accordance with this part, is authorized to
make grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this part for magnet schools that are--
(1) part of an approved desegregation plan; and
(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
SEC. 5303. DEFINITION.
For the purpose of this part, the term ``magnet school''
means a public elementary school or secondary school or a
public elementary or secondary education center that offers a
special curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
SEC. 5304. ELIGIBILITY.
A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive assistance under this
part to carry out the purposes of this part if such agency or
consortium--
(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary schools and secondary schools
of such agency; or
(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt and
implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
SEC. 5305. APPLICATIONS AND REQUIREMENTS.
(a) Applications.--An eligible local educational agency or
consortium of such agencies desiring to receive assistance
under this part shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
(b) Information and Assurances.--Each such application shall
include--
(1) a description of--
(A) how assistance made available under this
part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among
students of different social, economic, ethnic,
and racial backgrounds;
(B) the manner and extent to which the magnet
school project will increase student
achievement in the instructional area or areas
offered by the school;
(C) how an applicant will continue the magnet
school project after assistance under this part
is no longer available, including, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with funds under this part cannot be
continued without the use of funds under this
part;
(D) how funds under this part will be used to
implement services and activities that are
consistent with other programs under this Act,
and other Acts, as appropriate, in accordance
with the provisions of section 6506; and
(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
(2) assurances that the applicant will--
(A) use funds under this part for the
purposes specified in section 5301(b);
(B) employ State certified or licensed
teachers in the courses of instruction assisted
under this part to teach or supervise others
who are teaching the subject matter of the
courses of instruction;
(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
(i) the hiring, promotion, or
assignment of employees of the agency
or other personnel for whom the agency
has any administrative responsibility;
(ii) the assignment of students to
schools, or to courses of instruction
within the school, of such agency,
except to carry out the approved plan;
and
(iii) designing or operating
extracurricular activities for
students;
(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
(E) give students residing in the local
attendance area of the proposed magnet school
project equitable consideration for placement
in the project, consistent with desegregation
guidelines and the capacity of the project to
accommodate these students.
(c) Special Rule.--No application may be approved under this
section unless the Assistant Secretary of Education for Civil
Rights determines that the assurances described in subsection
(b)(2)(C) will be met.
SEC. 5306. PRIORITY.
In approving applications under this part, the Secretary
shall give priority to applicants that--
(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
(2) propose to carry out new magnet school projects,
or significantly revise existing magnet school
projects;
(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination;
(4) propose to implement innovative educational
approaches that are consistent with the State and local
content and student performance standards; and
(5) propose activities, which may include
professional development, that will build local
capacity to operate the magnet school program once
Federal assistance has terminated.
SEC. 5307. USE OF FUNDS.
(a) In General.--Grant funds made available under this part
may be used by an eligible local educational agency or
consortium of such agencies--
(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of
programs in magnet schools;
(3) for the payment, or subsidization of the
compensation, of elementary school and secondary school
teachers who are certified or licensed by the State,
and instructional staff where applicable, who are
necessary for the conduct of programs in magnet
schools;
(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
(A) are designed to make available the
special curriculum that is offered by the
magnet school project to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
(B) further the purposes of this part;
(5) to include professional development, which
professional development shall build the agency's or
consortium's capacity to operate the magnet school once
Federal assistance has terminated;
(6) to enable the local educational agency or
consortium to have more flexibility in the
administration of a magnet school program in order to
serve students attending a school who are not enrolled
in a magnet school program; and
(7) to enable the local educational agency or
consortium to have flexibility in designing magnet
schools for students at all grades.
(b) Special Rule.--Grant funds under this part may be used in
accordance with paragraphs (2) and (3) of subsection (a) only
if the activities described in such paragraphs are directly
related to improving the students' reading skills or knowledge
of mathematics, science, history, geography, English, foreign
languages, art, or music, or to improving vocational,
technological and career skills.
SEC. 5308. PROHIBITION.
Grants under this part may not be used for transportation or
any activity that does not augment academic improvement.
SEC. 5309. LIMITATIONS.
(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed three fiscal years.
(b) Limitation on Planning Funds.--A local educational agency
may expend for planning (professional development shall not be
considered as planning for purposes of this subsection) not
more than 50 percent of the funds received under this part for
the first year of the project, 25 percent of such funds for the
second such year, and 15 percent of such funds for the third
such year.
(c) Amount.--No local educational agency or consortium
awarded a grant under this part shall receive more than
$4,000,000 under this part in any one fiscal year.
(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
June 1 of the applicable fiscal year.
SEC. 5310. INNOVATIVE PROGRAMS.
(a) In General.--From amounts reserved under subsection (d)
for each fiscal year, the Secretary shall award grants to local
educational agencies or consortia of such agencies described in
section 5304 to enable such agencies or consortia to conduct
innovative programs that--
(1) involve innovative strategies other than magnet
schools, such as neighborhood or community model
schools, to support desegregation of schools and to
reduce achievement gaps;
(2) assist in achieving systemic reforms and
providing all students the opportunity to meet
challenging State and local content standards and
challenging State and local student performance
standards; and
(3) include innovative educational methods and
practices that--
(A) are organized around a special emphasis,
theme, or concept; and
(B) involve extensive parent and community
involvement.
(b) Applicability.--Sections 5301(b), 5302, 5305, 5306, and
5307, shall not apply to grants awarded under subsection (a).
(c) Applications.--Each local educational agency or consortia
of such agencies desiring a grant under this section shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may reasonably require.
(d) Innovative Programs.--The Secretary shall reserve not
more than 5 percent of the funds appropriated under section
5312(a) for each fiscal year to award grants under this
section.
SEC. 5311. EVALUATIONS.
(a) Reservation.--The Secretary may reserve not more than two
percent of the funds appropriated under section 5312(a) for any
fiscal year to carry out evaluations of projects assisted under
this part and to provide technical assistance for grant
recipients under this part.
(b) Contents.--Each evaluation described in subsection (a),
at a minimum, shall address--
(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
(2) the extent to which magnet school programs
enhance student access to quality education;
(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students;
(4) the extent to which magnet school programs differ
from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs; and
(5) the extent to which magnet school programs
continue once grant assistance under this part is
terminated.
(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
SEC. 5312. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $125,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority to using such amounts in
excess of $75,000,000 to award grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.
PART [C]D--PUBLIC CHARTER SCHOOLS
SEC. [10301.] 5401. [20 U.S.C. 8061] FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) enhancement of parent and student choices among
public schools can assist in promoting comprehensive
educational reform and give more students the
opportunity to learn to challenging State content
standards and challenging State student performance
standards, if sufficiently diverse and high-quality
choices, and genuine opportunities to take advantage of
such choices, are available to all students;
[(2) useful examples of such choices can come from
States and communities that experiment with methods of
offering teachers and other educators, parents, and
other members of the public the opportunity to design
and implement new public schools and to transform
existing public schools;
[(3) charter schools are a mechanism for testing a
variety of educational approaches and should,
therefore, be exempted from restrictive rules and
regulations if the leadership of such schools commits
to attaining specific and ambitious educational results
for educationally disadvantaged students consistent
with challenging State content standards and
challenging State student performance standards for all
students;
[(4) charter schools, as such schools have been
implemented in a few States, can embody the necessary
mixture of enhanced choice, exemption from restrictive
regulations, and a focus on learning gains;
[(5) charter schools, including charter schools that
are schools-within-schools, can help reduce school
size, which reduction can have a significant effect on
student achievement;
[(6) the Federal Government should test, evaluate,
and disseminate information on a variety of charter
school models in order to help demonstrate the benefits
of this promising educational reform; and
[(7) there is a strong documented need for cash-flow
assistance to charter schools that are starting up,
because State and local operating revenue streams are
not immediately available.
[(b) Purpose.--]It is the purpose of this part to increase
national understanding of the charter schools model by--
(1) providing financial assistance for the planning,
program design and initial implementation of charter
schools;
(2) evaluating the effects of such schools, including
the effects on students, student achievement, staff,
and parents; and
(3) expanding the number of high-quality charter
schools available to students across the Nation.
SEC. [10302.] 5402. [20 U.S.C. 8062] PROGRAM AUTHORIZED.
(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section [10303] 5413 to enable such agencies to conduct a
charter school grant program in accordance with this part.
(b) Special Rule.--If a State educational agency elects not
to participate in the program authorized by this part or does
not have an application approved under section [10303], 5413
the Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section [10303] 5413(c).
(c) Program Periods.--
(1) Grants to states.--Grants awarded to State
educational agencies under this part shall be awarded
for a period of not more than 3 years.
(2) Grants to eligible applicants.--Grants awarded by
the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this part shall be awarded for a
period of not more than 3 years, of which the eligible
applicant may use--
(A) not more than 18 months for planning and
program design;
(B) not more than 2 years for the initial
implementation of a charter school; and
(C) not more than 2 years to carry out
dissemination activities described in section
[10304] 5404(f)(6)(B).
(d) Limitation.--A charter school may not receive--
(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
(e) Priority Treatment.--
(1) In general.--
(A) Fiscal years 1999, 2000, and 2001.--In
awarding grants under this part for any of the
fiscal years 1999, 2000, and 2001 from funds
appropriated under section [10311] 5411 that
are in excess of $51,000,000 for the fiscal
year, the Secretary shall give priority to
States to the extent that the States meet the
criteria described in paragraph (2) and one or
more of the criteria described in subparagraph
(A), (B), or (C) of paragraph (3).
(B) Succeeding fiscal years.--In awarding
grants under this part for fiscal year 2002 or
any succeeding fiscalyear from any funds
appropriated under section 10311, the Secretary shall give priority to
States to the extent that the States meet the criteria described in
paragraph (2) and one or more of the criteria described in subparagraph
(A), (B), or (C) of paragraph (3).
(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) is that the State
provides for periodic review and evaluation by the
authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the school's
charter, and is meeting or exceeding the academic
performance requirements and goals for charter schools
as set forth under State law or the school's charter.
(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
(A) The State has demonstrated progress, in
increasing the number of high quality charter
schools that are held accountable in the terms
of the schools' charters for meeting clear and
measurable objectives for the educational
progress of the students attending the schools,
in the period prior to the period for which a
State educational agency or eligible applicant
applies for a grant under this part.
(B) The State--
(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
(ii) in the case of a State in which
local educational agencies are the only
authorized public chartering agencies,
allows for an appeals process for the
denial of an application for a charter
school.
(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
(f) Amount Criteria.--In determining the amount of a grant
to be awarded under this part to a State educational agency,
the Secretary shall take into consideration the number of
charter schools that are operating, or are approved to open, in
the State.
SEC. [10303.] 5403. [20 U.S.C. 8063] APPLICATIONS.
(a) Applications From State Agencies.-- Each State
educational agency desiring a grant from the Secretary under
this part shall submit to the Secretary an application at such
time, in such manner, and containing or accompanied by such
information as the Secretary may require.
(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
(1) describe the objectives of the State educational
agency's charter school grant program and a description
of how such objectives will be fulfilled, including
steps taken by the State educational agency to inform
teachers, parents, and communities of the State
educational agency's charter school grant program; and
(2) describe how the State educational agency--
(A) will inform each charter school in the
State regarding--
(i) Federal funds that the charter
school is eligible to receive; and
(ii) Federal programs in which the
charter school may participate;
(B) will ensure that each charter school in
the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
(A) a description of the educational program
to be implemented by the proposed charter
school including--
(i) how the program will enable all
students to meet challenging State
student performance standards;
(ii) the grade levels or ages of
children to be served; and
(iii) the curriculum and
instructional practices to be used;
(B) a description of how the charter school
will be managed;
(C) a description of--
(i) the objectives of the charter
school; and
(ii) the methods by which the charter
school will determine its progress
toward achieving those objectives;
(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
(E) a description of now parents and other
members of the community will be involved in
the planning, program design and implementing
of the charter school;
(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
(G) a request and justification for waivers
of any Federal statutory or regulatory
provisions that the applicant believes are
necessary for the successful operation of the
charter school, and a description of any State
or localrules, generally applicable to public
schools, that will be waived for, or otherwise not apply to, the
school;
(H) a description of how the subgrant funds
or grant funds, as appropriate, will be used,
including a description of how such funds will
be used in conjunction with other Federal
programs administered by the Secretary;
(I) a description of how students in the
community will be--
(i) informed about the charter
school; and
(ii) given an equal opportunity to
attend the charter school;
(J) an assurance that the eligible applicant
will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in
subparagraph (C)(i);
(K) an assurance that the applicant will
cooperate with the Secretary and the State
educational agency in evaluating the program
assisted under this part;
(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
(M) If the eligible applicant desires to use
subgrant funds for dissemination activities
under section [10302]5402(c)(2)(C), a
description of those activities and how those
activities will involve charter schools and
other public schools, local educational
agencies, developers, and potential developers;
and
(N) such other information and assurances as
the Secretary and the State educational agency
may require.
(c) Contents of Eligible Applicant Application.--Each
eligible applicant desiring a grant pursuant to section
[10302]5402(b) shall submit an application to the State
educational agency or Secretary, respectively, at such time, in
such manner, and accompanied by such information as the State
educational agency or Secretary, respectively, may reasonably
require.
(d) Contents of Application.--Each application submitted
pursuant to subsection (c) shall contain--
(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears; and
(2) assurances that the State educational agency--
(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
(B) will assist each subgrantee in the State
in receiving a waiver under section
[10304]5404(e).
SEC. [10304.] 5404. [20 U.S.C. 8064] ADMINISTRATION.
(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies
under this part on the basis of the quality of the applications
submitted under section [10303]5403(b), after taking into
consideration such factors as--
(1) the contribution that the charter schools grant
program will make to assisting educationally
disadvantaged and other students to achieving State
content standards and State student performance
standards and, in general, a State's education
improvement plan;
(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
(3) the ambitiousness of the objectives for the State
charter school grant program;
(4) the quality of the strategy for assessing
achievement of those objectives;
(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
(6) the number of high quality charter schools
created under this part in the State; and
(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under section [10302]5402(c)(2)(C), the
quality of those activities and the likelihood that
those activities will improve student achievement.
(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
part on the basis of the quality of the applications submitted
under section [10303]5403(c), after taking into consideration
such factors as--
(1) the quality of the proposed curriculum and
instructional practices;
(2) the degree of flexibility afforded by the State
educational agency and if applicable, the local
educational agency to the charter school;
(3) the extent of community support for the
application;
(4) the ambitiousness of the objectives for the
charter school;
(5) the quality of the strategy for assessing
achievement of those objectives;
(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under section [10302]5402(c)(2)(C), the
quality of those activities and the likelihood that
those activities will improve student achievement.
(c) Peer Review.--The Secretary, and each State educational
agency receiving a grant under this part, shall use a peer
review process to review applications for assistance under this
part.
(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall
awardsubgrants under this part in a manner that, to the extent
possible, ensures that such grants and subgrants--
(1) are distributed throughout different areas of the
Nation and each State, including urban and rural areas;
and
(2) will assist charter schools representing a
variety of education approaches, such as approaches
designed to reduce school size.
(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
[10310]5410(1), if--
(1) the waiver is requested in an approved
application under this part; and
(2) the Secretary determines that granting such a
waiver will promote the purpose of this part.
(f) Use of Funds.--
(1) State educational agencies.--Each State
educational agency receiving a grant under this part
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this part, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this part.
(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this part may use
the grant or subgrant funds only for--
(A) post-award planning and design of the
educational program, which may include--
(i) refinement of the desired
educational results and of the methods
for measuring progress toward achieving
those results; and
(ii) professional development of
teachers and other staff who will work
in the charter school; and
(B) initial implementation of the charter
school, which may include--
(i) informing the community about the
school;
(ii) acquiring necessary equipment
and educational materials and supplies;
(iii) acquiring or developing
curriculum materials; and
(iv) other initial operational costs
that cannot be met from State or local
sources.
(4) Administrative expenses.--Each State educational
agency receiving a grant pursuant to this part may
reserve not more than 5 percent of such grant funds for
administrative expenses associated with the charter
school grant program assisted under this part.
(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this part may
reserve not more than 10 percent of the grant amount
for the establishment of a revolving loan fund. Such
fund may be used to make loans to eligible applicants
that have received a subgrant under this part, under
such terms as may be determined by the State
educational agency, for the initial operation of
charter school grant program of such recipient until
such time as the recipient begins receiving ongoing
operational support from State or local financing
sources.
(6) Dissemination.--
(A) In general.--A charter school may supply
for funds under this part, whether or not the
charter school has applied for or received
funds under this part for planning, program
design, or implementation, to carry out the
activities described in subparagraph (B) if the
charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
(i) substantial progress in improving
student achievement;
(ii) high levels of parent
satisfaction; and
(iii) the management and leadership
necessary to overcome initial start-up
problems and establish a thriving,
financially viable charter school.
(B) Activities.--A charter school described
in subparagraph (A) may use funds reserved
under paragraph (1) to assist other schools in
adapting the charter school's program (or
certain aspects of the charter school's
program), or to disseminate information about
the charter school, through such activities
as--
(i) assisting other individuals with
the planning and start-up of one or
more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
performance in each of the schools
participating in the partnership;
(iii) developing curriculum
materials, assessments, and other
materials that promote increased
student achievement and are based on
successful practices within the
assisting charter school; and
(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student performance in other
schools.
(g) Tribally controlled schools.--Each State that receives
a grant under this part and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
(2) the amount of such aid.
SEC. [10305.] 5405. [20 U.S.C. 8065] NATIONAL ACTIVITIES.
(a) In General.--The Secretary shall reserve for each
fiscal year the greater of 5 percent or $5,000,000 of the
amount appropriate to carry out this part, except that in no
fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
(1) To provide charter schools, either directly or
through State educational agencies, with--
(A) information regarding--
(i) Federal funds that charter
schools are eligible to receive; and
(ii) other Federal programs in which
charter schools may participate; and
(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
(2) To provide for the completion of the 4-year
national study (which began in 1995) of charter
schools.
(3) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools
on student achievement, including information
regarding--
(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
(4) To provide--
(A) information to applicants for assistance
under this part;
(B) assistance to applicants for assistance
under this part with the preparation of
applications under section [10303] 5403;
(C) assistance in the planning and startup of
charter schools;
(D) training and technical assistance to
existing charter schools; and
(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
(5) To provide (including through the use of one or
more contracts that use a competitive bidding process)
for the collection of information regarding the
financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
(b) Construction.--Nothing in this section shall be
construed to require charter schools to collect any data
described in subsection (a).
SEC. [10306.] 5406. [20 U.S.C. 8065A] FEDERAL FORMULA ALLOCATION DURING
FIRST YEAR AND FOR SUCCESSIVE ENROLLMENT
EXPANSIONS.
(a) In General.--For purposes of the allocation to schools
by the States or their agencies of funds under part A of title
I, and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State
educational agency shall take such measures not later than 6
months after the date of the enactment of the Charter School
Expansion Act of 1998 as are necessary to ensure that every
charter school receives the Federal funding for which the
charter school is eligible not later than 5 months after the
charter school first opens, notwithstanding the fact that the
identity and characteristics of the students enrolling in that
charter school are not fully and completely determined until
that charter school actually opens. The measures similarly
shall ensure that every charter school expanding its enrollment
in any subsequent year of operation receives the Federal
funding for which the charter school is eligible not later than
5 months after such expansion.
(b) Adjustment and Late Openings.--
(1) In general.--The measures described in subsection
(a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where
payments made to a charter school on the basis of
estimated or projected enrollment date exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
(2) Rule.--For charter school that first open after
November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary and
applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such academic
year have a full and fair opportunity to receive those
funds during the charter schools' first year of
operation.
SEC. [10307.] 5407. [20 U.S.C. 8065B] SOLICITATION OF INPUT FROM
CHARTER SCHOOL OPERATORS.
To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this part as well as in the development of any rules
or regulations relevant to charter schools that are required to
implement part A of title I, the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), or any other program
administered by the Secretary that provides education funds to
charter schools or regulates the activities of charter schools.
SEC. [10308.] 5408. [20 U.S.C. 8065C] RECORDS TRANSFER.
State educational agencies and local educational agencies,
to the extent practicable, shall ensure that a student's
records and, if applicable, a student's individualized
education program as defined in section 602(11) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(11)), are transferred to a charter school upon the
transfer of the student to the charter school, and to
anotherpublic school upon the transfer of the student from a charter
school to another public school, in accordance with applicable State
law.
SEC. [10309.] 5409. [20 U.S.C. 8065D] PAPERWORK REDUCTION.
To the extent practicable, the Secretary and each
authorized public chartering agency shall ensure that
implementation of this part results in a minimum of paperwork
for any eligible applicant or charter school.
SEC. [10310.] 5410. [20 U.S.C. 8066] DEFINITIONS.
As used in this part:
(1) The term ``charter school'' means a public school
that--
(A) in accordance with a specific State
statute authorizing the granting of charters to
schools\1\, is exempted from significant State
or local rules that inhibit the flexible
operation and management of public schools, but
not from any rules relating to the other
requirements of this paragraph;
(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
(D) provides a program of elementary or
secondary education, or both;
(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
(F) does not charge tuition;
(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;
(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary and secondary schools in the State,
unless such requirements are specifically
waived for the purpose of this program;
(J) meets all applicable Federal, State, and
local health and safety requirements;
(K) operates in accordance with State law;
and
(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school.
(2) The term ``developer'' means an individual or
group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a charter
school project will be carried out.
(3) The term ``eligible applicant'' means an
authorized public chartering agency participating in a
partnership with a developer to establish a charter
school in accordance with this part.
(4) The term ``authorized public chartering agency''
means a State educational agency, local educational
agency, or other public entity that has the authority
pursuant to State law and approved by the Secretary to
authorize or approve a charter school.
SEC. [10311.] 5411. [20 U.S.C. 8067] AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated [$100,000,000 for fiscal year
1999] $175,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.
PART [B] E--WOMEN'S EDUCATIONAL EQUITY
[SEC. 5201. [20 U.S.C. 7231] SHORT TITLE; FINDINGS.
[(a) Short Title.--This part may be cited as the ``Women's
Educational Equity Act of 1994''.
[(b) Findings.--The Congress finds that--
[(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides
in educational achievement and in their ability to
avail themselves of educational opportunities;
[(2) because of funding provided under the Women's
Educational Equity Act, more curricula, training, and
other educational materials concerning educational
equity for women and girls are available for national
dissemination;
[(3) teaching and learning practices in the United
States are frequently inequitable as such practices
relate to women and girls, for example--
[(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
schools to provide a safe and equitable
learning or workplace environment;
[(B) classroom textbooks and other
educational materials do not sufficiently
reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
[(C) girls do not take as many mathematics
and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences; and
[(D) pregnant and parenting teenagers are at
high risk for dropping out of school and
existing dropout prevention programs do not
adequately address the needs of such teenagers;
[(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women and
girls;
[(5) Federal support should address not only research
and development of innovative model curricula and
teaching and learning strategies to promote gender
equity, but should also assist schools and local
communities implement gender equitable practices;
[(6) Federal assistance for gender equity must be
tied to systemic reform, involve collaborative efforts
to implement effective gender practices at the local
level, and encourage parental participation; and
[(7) excellence in education, high educational
achievements and standards, and the full participation
of women and girls in American society, cannot be
achieved without educational equity for women and
girls.]
SEC. [5201.] 5501. SHORT TITLE.
This part may be cited as the ``Women's Educational Equity
Act of 1999''.
SEC. [5202.] 5502. [20 U.S.C. 7232] STATEMENT OF PURPOSES.
It is the purpose of this part--
(1) to promote gender equity in education in the
United States;
(2) to provide financial assistance to enable
educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments
of 1972; and
(3) to promote equity in education for women and
girls who suffer from multiple forms of discrimination
based on [sex] sex and race, ethnic origin, limited-
English proficiency, [disability,] socioeconomic
status, or age.
SEC. [5203.] 5503. [20 U.S.C. 7233] PROGRAMS AUTHORIZED.
(a) In General.--* * *
* * * * * * *
(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to make
grants to, and enter into contracts and cooperative
agreements with, public agencies, private nonprofit
agencies, organizations, institutions, student groups,
community groups, and individuals, for a period not to
exceed four [years, to] years--
(A) [provide grants] to develop model equity
programs; and
(B) [provide funds] for the implementation of
equity programs in schools throughout the
Nation.
(2) Support and technical assistance.--To achieve the
purposes of this part, the Secretary is authorized to
provide support and technical assistance--
(A) to implement effective gender-equity
policies and programs at all educational
levels, including--
(i) * * *
* * * * * * *
(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of
discrimination, based on sex [and on
race] and race, ethnic origin, limited
English proficiency, disability,
socioeconomic status, or age;
* * * * * * *
(xii) planning, development and
initial implementation of--
(I) comprehensive
[institution] institutional or
districtwide evaluation to
assess the presence or absence
of gender equity in educational
settings;
(II) comprehensive plans for
implementation [of equity] of
gender equity programs in State
and local educational agencies
and institutions of higher
[education;] education,
including community colleges;
and
(III) innovative approaches
to school-community
partnerships for educational
equity[.] for women and girls;
and
(B) * * *
* * * * * * *
(i) * * *
* * * * * * *
(viii) the development and
improvement of programs and activities
to increase opportunity for women,
including continuing educational
activities, vocational education, and
programs for low-income women,
including underemployment [and
unemployed] women, unemployed women,
and women receiving assistance under
the State program funded under part A
of title IV of the Social Security Act;
and
* * * * * * *
SEC. [5204.] 5504. [20 U.S.C. 7234] APPLICATIONS.
[An application under this part shall--] Each entity
desiring assistance under this part shall submit to the
Secretary an application at such time, in such manner, and
accompanied by such information as the Secretary may require.
Each application shall--
(1) * * *
* * * * * * *
(2) where appropriate, demonstrate how funds received
under this part will be used to promote the attainment
of one or more of [the National Education Goals];
America's Education Goals;
* * * * * * *
[(4) where appropriate, describe how funds under this
part will be used in a manner that is consistent with
programs under the School-to-Work Opportunities Act of
1994;]
[(5)] (4) for applications for assistance under
section [5203(b)(1)] 5503(b)(1), demonstrate how the
applicant will foster partnerships and, where
applicable, share resources with State educational
agencies, local education agencies, institutions of
higher education, community-based organizations
(including organizations serving women), parent,
teacher, and student groups, businesses or other
recipients of Federal educational funding which may
include State literacy resource centers;
[(6)] (5) for applications for assistance under
section [5203(b)(1)] 5503(b)(1), demonstrate how
parental involvement in the project will be encouraged;
and
[(7)] (6) for applications for assistance under
section [5203(b)(1)] 5503(b)(1), describe plans for
continuation of the activities assisted under this part
with local support following completion of the grant
period and termination of Federal support under this
part.
SEC. [5205.]5505 [20 U.S.C. 7235] CRITERIA AND PRIORITIES.
(a) [Criteria and Priorities.--
[(1) In general.--The] Criteria and Priorities.--The
Secretary shall establish separate criteria and
priorities for awards under paragraphs (1) and (2) of
section [5203(b)] 5503(b) to ensure that funds under
this part are used for programs that most effectively
will achieve the purposes of this part.
[(2)] (b) Criteria.--The criteria described in subsection
(a) may include the extent to which the activities assisted
under this part--
[(A)] (1) address the needs of women and
girls of color and women and girls with
disabilities;
[(B)] (2) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
[(C)] (3) are a significant component of a
comprehensive plan for educational equity and
compliance with title IX of the Education
Amendments of 1972 in the particular school
district, institution of higher education,
vocational-technical institution, or other
educational agency of institution; and
[(D)] (4) implement an institutional change
strategy with long-term impact that will
continue as a central activity of the applicant
after the grant under this part has terminated.
[(b)] (c) Priorities.--In approving applications under this
part, the Secretary may give [special consideration] priority
to applications--
(1) submitted by applicants that have not received
assistance under this part or under part C of title IX
of this Act (as such part was in effect on October 1,
1998);
(2) for projects that will contribute significantly
to directly improving teaching and learning practices
in the local community; and
(3) for projects that will--
(A) provide for a comprehensive approach to
enhancing gender equity in educational
institutions and agencies;
(B) draw on a variety of resources, including
the resources of local educational agencies,
community-based organizations, institutions of
higher education, and private organizations;
(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this
part has terminated;
(D) address issues of national significance
that can be duplicated; and
[(E) address the educational needs of women
and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic
origin, disability, or age.]
(E) address the educational needs of women
and girls who suffer multiple forms of
discrimination on the basis of sex and on race,
ethnic origin, limited English proficiency,
disability, socioeconomic status, or age.
[(c)] (d) Special Rule.--To the extent feasible, the
Secretary shall ensure that grants awarded under this part for
each fiscal year address--
(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
(2) all regions of the United States; and
(3) urban, rural, and suburban educational
institutions.
[(d)] (e) Coordination.--Research activities supported
under this part--
(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities
supported [by the Office] by such office; and
(2) may include collaborative research activities
which are jointly funded and carried out with the
Office of Educational Research and Improvement.
[(e)] (f) Limitation.--Nothing in this part shall be
construed as prohibiting men and boys from participating in any
programs or activities assisted with funds under this part.
SEC. [5206] 5506. [20 U.S.C. 7236] REPORT.
The Secretary, not later than January 1, [1999] 2004, shall
submit to the President and the Congress a report on the status
of educational equity for girls and women in the Nation.
SEC. [5207.] 5507. [20 U.S.C. 7237] ADMINISTRATION.
[(A) Evaluation and Dissemination.--The Secretary shall
evaluate in accordance with section 14701, and disseminate,
materials and programs developed under this part and shall
report to the Congress regarding such evaluation materials and
programs not later than January 1, 1998.]
(a) Evaluation and Dissemination.--The Secretary shall--
(1) evaluate in accordance with section 10201,
materials and programs developed under this part;
(2) disseminate materials and programs developed
under this part; and
(3) report to the Congress regarding such evaluation
materials and programs not later than January 1, 2004.
SEC. [5208.] 5508. [20 U.S.C. 7238] AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out his part, there are
authorized to be appropriated $5,000,000 for fiscal year [1995]
2001 and such sums as may be necessary for each of the four
succeeding fiscal years[, of which not less than two-thirds of
the amount appropriated under this section for each fiscal year
shall be available to carry out the activities described in
section 5203(b)(1)].
PART F--CIVIC EDUCATION
SEC. 5601. SHORT TITLE.
This part may be cited as the ``Education for Democracy
Act''.
SEC. 5602. THE STUDY OF THE DECLARATION OF INDEPENDENCE, UNITED STATES
CONSTITUTION, AND THE FEDERALIST PAPERS.
It is the sense of Congress that--
(1) State and local governments and local educational
agencies are encouraged to dedicate at least 1 day of
learning to the study and understanding of the
significance of the Declaration of Independence, the
United States Constitution, and the Federalist Papers;
and
(2) State and local governments and local educational
agencies are encouraged to include a requirement that,
before receiving a certificate or diploma of graduation
from secondary school, students be tested on their
competency in understanding the Declaration of
Independence, the United States Constitution, and the
Federalist Papers.
SEC. 5603. PURPOSE.
It is the purpose of this part--
(1) to improve the quality of civics and government
education, and to enhance the attainment of the third
and sixth America's Education Goals, by educating
students about the history and principles of the
Constitution of the United States, including the Bill
of Rights;
(2) to foster civic competence and responsibility;
and
(3) to improve the quality of civic education and
economic education through cooperative civic education
and economic education exchange programs with other
democratic nations.
SEC. 5604. GENERAL AUTHORITY.
The Secretary is authorized to award grants to or enter into
contracts with the Center for Civic Education, the National
Council on Economic Education, or other nonprofit educational
organizations to carry out this part.
SEC. 5605. WE THE PEOPLE PROGRAM.
(a) The Citizen and the Constitution.--
(1) Education activities.--The Secretary shall award
a grant or enter into a contract for the Citizen and
the Constitution program that--
(A) shall continue and expand the educational
activities of the ``We the People . . . The
Citizen and the Constitution'' program
administered by the Center for Civic Education;
and
(B) shall enhance student attainment of
challenging content standards in civics and
government.
(2) Program content.--The education program
authorized by this section shall provide--
(A) a course of instruction on the basic
principles of our Nation's constitutional
democracy and the history of the Constitution
of the United States and the Bill of Rights;
(B) at the request of a participating school,
school and community simulated congressional
hearings following the course of study;
(C) an annual national competition of
simulated congressional hearings for secondary
school students who wish to participate in such
a program;
(D) advanced training of teachers about the
Constitution of the United States and the
political system the United States created;
(E) materials and methods of instruction,
including teacher training, that utilize the
latest advancements in educational technology;
and
(F) civic education materials and services
such as service learning to address specific
problems such as the prevention of school
violence and the abuse of drugs and alcohol.
(3) Availability of program.--The education program
authorized under this subsection shall be made
available to public and private elementary schools and
secondary schools, including Bureau funded schools, in
the 435 congressional districts, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(b) Project Citizen.--
(1) Educational activities.--The Secretary shall
award a grant or enter into a contract for the Project
Citizen program that--
(A) shall continue and expand the educational
activities of the ``We the People . . . Project
Citizen'' program administered by the Center
for Civic Education; and
(B) shall enhance student attainment of
challenging content standards in civics and
government.
(2) Program content.--The education program
authorized by this subsection shall provide--
(A) a course of instruction at the middle
school level on the roles of State and local
governments in the Federal system established
by the Constitution of the United States;
(B) optional school and community simulated
State legislative hearings;
(C) an annual national showcase or
competition;
(D) advanced training of teachers on the
roles of State and local governments in the
Federal system established by the Constitution;
(E) materials and methods of instruction,
including teacher training, that utilize the
latest advancements in educational technology;
and
(F) civic education materials and services to
address specific problems such as the
prevention of school violence and the abuse of
drugs and alcohol.
(3) Availability of program.--The education program
authorized under this subsection shall be made
available to public and private middle schools,
including Bureau funded schools, in the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands,Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(c) Definition of Bureau Funded School.--In this section the
term ``Bureau funded school'' has the meaning given the term in
section 1146 of the Education Amendments of 1978.
SEC. 5606. CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS.
(a) Cooperative Education Exchange Programs.--The Secretary,
in consultation with the Secretary of State, shall carry out
Cooperative Education Exchange programs in accordance with this
section.
(b) Purpose.--The purpose of the programs provided under this
section shall be to--
(1) make available to educators from eligible
countries exemplary curriculum and teacher training
programs in civics and government education, and
economics education, developed in the United States;
(2) assist eligible countries in the adaptation,
implementation, and institutionalization of such
programs;
(3) create and implement civics and government
education, and economic education, programs for United
States students that draw upon the experiences of the
participating eligible countries;
(4) provide a means for the exchange of ideas and
experiences in civics and government education and
economic education, among political, educational,
governmental, and private sector leaders of
participating eligible countries; and
(5) provide support for--
(A) research and evaluation to determine the
effects of educational programs on students'
development of the knowledge, skills, and
traits of character essential for the
preservation and improvement of constitutional
democracy; and
(B) effective participation in and the
preservation and improvement of an efficient
market economy.
(c) Avoidance of Duplication.--The Secretary shall consult
with the Secretary of State to ensure that activities under
this section are not duplicative of other efforts in the
eligible countries and that partner institutions in the
eligible countries are creditable.
(d) Activities.--The Cooperative Education Exchange programs
shall--
(1) provide eligible countries with--
(A) seminars on the basic principles of
United States constitutional democracy and
economics, including seminars on the major
governmental and economic institutions and
systems in the United States, and visits to
such institutions;
(B) visits to school systems, institutions of
higher education, and nonprofit organizations
conducting exemplary programs in civics and
government education, and economic education,
in the United States;
(C) translations and adaptations regarding
United States civic and government education,
and economic education, curricular programs for
students and teachers, and in the case of
training programs for teachers translations and
adaptations into forms useful in schools in
eligible countries, and joint research projects
in such areas;
(D) research and evaluation assistance to
determine--
(i) the effects of the Cooperative
Education Exchange programs on
students' development of the
knowledge,skills, and traits of character essential for the
preservation and improvement of constitutional democracy; and
(ii) effective participation in and
the preservation and improvement of an
efficient market economy; and
(2) provide United States participants with--
(A) seminars on the histories, economies, and
systems of government of eligible countries;
(B) visits to school systems, institutions of
higher education, and organizations conducting
exemplary programs in civics and government
education, and economic education, located in
eligible countries;
(C) assistance from educators and scholars in
eligible countries in the development of
curricular materials on the history,
government, and economy of such countries that
are useful in United States classrooms;
(D) opportunities to provide onsite
demonstrations of United States curricula and
pedagogy for educational leaders in eligible
countries; and
(E) research and evaluation assistance to
determine--
(i) the effects of the Cooperative
Education Exchange programs on
students' development of the knowledge,
skills, and traits of character
essential for the preservation and
improvement of constitutional
democracy; and
(ii) effective participation in and
improvement of an efficient market
economy; and
(3) assist participants from eligible countries and
the United States to participate in international
conferences on civics and government education, and
economic education, for educational leaders, teacher
trainers, scholars in related disciplines, and
educational policymakers.
(e) Participants.--The primary participants in the
Cooperative Education Exchange programs assisted under this
section shall be educational leaders in the areas of civics and
government education, and economic education, including
curriculum and teacher training specialists, scholars in
relevant disciplines, and educational policymakers, and
government and private sector leaders from the United States
and eligible countries.
(f) Definition.--For the purpose of this section, the term
``eligible country'' means a country with a democratic form of
government that--
(1) is a Central European country, an Eastern
European country, Lithuania, Latvia, Estonia, Georgia,
or one of the independent states of the former Soviet
Union as defined in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801); and
(2) may include the Republic of Ireland, the province
of Northern Ireland in the United Kingdom, and any
developing country as defined in section 209(d) of the
Education for the Deaf Act.
SEC. 5607. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 5605.--There are authorized to be appropriated to
carry out section 5605, $10,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
(b) Section 5606.--There are authorized to be appropriated to
carry out section 5606, $10,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
PART G--FUND FOR THE IMPROVEMENT OF EDUCATION
SEC. 5701. FUND FOR THE IMPROVEMENT OF EDUCATION.
(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of elementary and secondary education. The Secretary is
authorized to carry out such programs and projects directly or
through grants to, or contracts with, State and local
educational agencies, institutions of higher education, and
other public and private agencies, organizations, and
institutions.
(b) Uses of Funds.--Funds under this section may be used
for--
(1) programs under section 5702;
(2) programs under section 5703;
(3) programs under section 5704;
(4) programs under section 5705;
(5) programs under section 5706;
(6) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools; and
(7) the development and evaluation of model
strategies for professional development for teachers
and administrators.
(c) Awards.--
(1) In general.--The Secretary may make awards under
this section on the basis of competitions announced by
the Secretary.
(2) Special rule.--The Secretary shall ensure that
programs, projects, and activities supported under this
section are designed so that the effectiveness of such
programs, projects, and activities is readily
ascertainable.
(3) Peer review.--The Secretary shall use a peer
review process in reviewing applications for assistance
under this section and may use funds appropriated under
subsection (d) for the cost of such peer review.
(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $100,000,000
for fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
SEC. 5702. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
(a) Program Authorized.--
(1) In general.--The Secretary is authorized to award
grants to eligible entities for the design and
implementation of character education programs that
incorporate the elements of character described in
subsection (d), as well as other character elements
identified by the eligible entities.
(2) Eligible entity.--The term ``eligible entity''
means--
(A) a State educational agency in partnership
with 1 or more local educational agencies;
(B) a State educational agency in partnership
with--
(i) 1 or more local educational
agencies; and
(ii) 1 or more nonprofit
organizations or entities, including
institutions of higher education;
(C) a local educational agency or consortium
of local educational agencies; or
(D) a local educational agency in partnership
with another nonprofit organization or entity,
including institutions of higher education.
(3) Duration.--Each grant under this section shall be
awarded for a period not to exceed 3 years, of which
the eligible entity shall not use more than 1 year for
planning and program design.
(b) Applications.--
(1) Requirement.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time and in such manner as the
Secretary may require.
(2) Contents of application.--Each application
submitted under this section shall include--
(A) a description of any partnerships or
collaborative efforts among the organizations
and entities of the eligible entity;
(B) a description of the goals and objectives
of the program proposed by the eligible entity;
(C) a description of activities that will be
pursued and how those activities will
contribute to meeting the goals and objectives
described in subparagraph (B), including--
(i) how parents, students, and other
members of the community, including
members of private and nonprofit
organizations, will be involved in the
design and implementation of the
program and how the eligible entity
will work with the larger community to
increase the reach and promise of the
program;
(ii) curriculum and instructional
practices that will be used or
developed;
(iii) methods of teacher training and
parent education that will be used or
developed; and
(iv) how the program will be linked
to other efforts in the schools to
improve student performance;
(D) in the case of an eligible entity that is
a State educational agency--
(i) a description of how the State
educational agency will provide
technical and professional assistance
to its local educational agency
partners in the development and
implementation of character education
programs; and
(ii) a description of how the State
educational agency will assist other
interested local educational agencies
that are not members of the original
partnership in designing and
establishing character education
programs;
(E) a description of how the eligible entity
will evaluate the success of its program--
(i) based on the goals and objectives
described in subparagraph (B); and
(ii) in cooperation with the national
evaluation conducted pursuant to
subsection (c)(2)(B)(iii);
(F) an assurance that the eligible entity
annually will provide to the Secretary such
information as may be required to determine the
effectiveness of the program; and
(G) any other information that the Secretary
may require.
(c) Evaluation and Program Development.--
(1) Evaluation and reporting.--
(A) State and local reporting and
evaluation.--Each eligible entity receiving a
grant under this section shall submit to the
Secretary a comprehensive evaluation of the
program assisted under this section, including
the impact on students, teachers,
administrators, parents, and others--
(i) by the second year of the
program; and
(ii) not later than 1 year after
completion of the grant period.
(B) Contracts for evaluation.--Each eligible
entity receiving a grant under this section may
contract with outside sources, including
institutions of higher education, and private
and nonprofit organizations, for purposes of
evaluating its program and measuring the
success of the program toward fostering in
students the elements of character described in
subsection (d).
(2) National research, dissemination, and
evaluation.--
(A) In general.--The Secretary is authorized
to make grants to, or enter into contracts or
cooperative agreements with, State or local
educational agencies, institutions of higher
education, tribal organizations, or other
public or private agencies or organizations to
carry out research, development, dissemination,
technical assistance, and evaluation activities
that support or inform State and local
character education programs. The Secretary
shall reserve not more than 5 percent of the
funds made available under this section to
carry out this paragraph.
(B) Uses.--Funds made available under
subparagraph (A) may be used--
(i) to conduct research and
development activities that focus on
matters such as--
(I) the effectiveness of
instructional models for all
students;
(II) materials and curricula
that can be used by programs in
character education;
(III) models of professional
development in character
education; and
(IV) the development of
measures of effectiveness for
character education programs
which may include the factors
described in paragraph (3);
(ii) to provide technical assistance
to State and local programs,
particularly on matters of program
evaluation;
(iii) to conduct a national
evaluation of State and local programs
receiving funding under this section;
and
(iv) to compile and disseminate,
through various approaches (such as a
national clearinghouse)--
(I) information on model
character education programs;
(II) character education
materials and curricula;
(III) research findings in
the area of character education
and character development; and
(IV) any other information
that will be useful to
character education program
participants, educators,
parents, administrators, and
others nationwide.
(C) Priority.--In carrying out national
activities under this paragraph related to
development, dissemination, and technical
assistance, the Secretary shall seek to enter
into partnerships with national, nonprofit
character education organizations with
expertise and successful experience in
implementing local character education programs
that have had an effective impact on schools,
students, including students with disabilities,
and teachers.
(3) Factors.--Factors which may be considered in
evaluating the success of programs funded under this
section may include--
(A) discipline issues;
(B) student performance;
(C) participation in extracurricular
activities;
(D) parental and community involvement;
(E) faculty and administration involvement;
(F) student and staff morale; and
(G) overall improvements in school climate
for all students.
(d) Elements of Character.--
(1) In general.--Each eligible entity desiring
funding under this section shall develop character
education programs that incorporate the following
elements of character:
(A) Caring.
(B) Civic virtue and citizenship.
(C) Justice and fairness.
(D) Respect.
(E) Responsibility.
(F) Trustworthiness.
(G) Any other elements deemed appropriate by
the members of the eligible entity.
(2) Additional elements of character.--An eligible
entity participating under this section may, after
consultation with schools and communities served by the
eligible entity, define additional elements of
character that the eligible entity determines to be
important to the schools and communities served by the
eligible entity.
(e) Use of Funds by State Educational Agency Recipients.--Of
the total funds received in any fiscal year under this section
by an eligible entity that is a State educational agency--
(1) not more than 10 percent of such funds may be
used for administrative purposes; and
(2) the remainder of such funds may be used for--
(A) collaborative initiatives with and
between local educational agencies and schools;
(B) the preparation or purchase of materials,
and teacher training;
(C) grants to local educational agencies or
schools; and
(D) technical assistance and evaluation.
(f) Selection of Grantees.--
(1) Criteria.--The Secretary shall select, through
peer review, eligible entities to receive grants under
this section on the basis of the quality of the
applications submitted under subsection (b), taking
into consideration such factors as--
(A) the quality of the activities proposed to
be conducted;
(B) the extent to which the program fosters
in students the elements of character described
in subsection (d) and the potential for
improved student performance;
(C) the extent and ongoing nature of
parental, student, and community involvement;
(D) the quality of the plan for measuring and
assessing success; and
(E) the likelihood that the goals of the
program will be realistically achieved.
(2) Diversity of projects.--The Secretary shall
approve applications under this section in a manner
that ensures, to the extent practicable, that programs
assisted under this section--
(A) serve different areas of the Nation,
including urban, suburban, and rural areas; and
(B) serve schools that serve minorities,
Native Americans, students of limited-English
proficiency, disadvantaged students, and
students with disabilities.
(g) Participation by Private School Children and Teachers.--
Grantees under this section shall provide, to the extent
feasible and appropriate, for the participation of students and
teachers in private elementary and secondary schools in
programs and activities under this section.
SEC. 5703. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
(a) In General.--The Secretary is authorized to award a grant
to a nonprofit organization to reimbursesuch organization for
the costs of conducting scholar-athlete games.
(b) Priority.--In awarding the grant under subsection (a),
the Secretary shall give priority to a nonprofit organization
that--
(1) is described in section 501(c)(3) of, and exempt
from taxation under section 501(a) of, the Internal
Revenue Code of 1986, and is affiliated with a
university capable of hosting a large educational,
cultural, and athletic event that will serve as a
national model;
(2) has the capability and experience in
administering federally funded scholar-athlete games;
(3) has the ability to provide matching funds, on a
dollar-for-dollar basis, from foundations and the
private sector for the purpose of conducting a scholar-
athlete program;
(4) has the organizational structure and capability
to administer a model scholar-athlete program; and
(5) has the organizational structure and expertise to
replicate the scholar-athlete program in various venues
throughout the United States internationally.
SEC. 5704. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.
(a) Counseling Demonstration.--
(1) In general.--The Secretary may award grants under
this section to establish or expand elementary school
counseling programs.
(2) Priority.--In awarding grants under this section,
the Secretary shall give special consideration to
applications describing programs that--
(A) demonstrate the greatest need for new or
additional counseling services among the
children in the elementary schools served by
the applicant;
(B) propose the most promising and innovative
approaches for initiating or expanding
elementary school counseling; and
(C) show the greatest potential for
replication and dissemination.
(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
(5) Maximum grant.--A grant under this section shall
not exceed $400,000 for any fiscal year.
(b) Applications.--
(1) In general.--Each local educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require.
(2) Contents.--Each application for a grant under
this section shall--
(A) describe the elementary school population
to be targeted by the program, the particular
personal, social, emotional, educational, and
career development needs of such population,
and the current school counseling resources
available for meeting such needs;
(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
(D) describe the collaborative efforts to be
undertaken with institutions of higher
education, businesses, labor organizations,
community groups, social service agencies, and
other public or private entities to enhance the
program and promote school-linked services
integration;
(E) describe collaborative efforts with
institutions of higher education which
specifically seek to enhance or improve
graduate programs specializing in the
preparation of elementary school counselors,
school psychologists, and school social
workers;
(F) document that the applicant has the
personnel qualified to develop, implement, and
administer the program;
(G) describe how any diverse cultural
populations, if applicable, would be served
through the program;
(H) assure that the funds made available
under this section for any fiscal year will be
used to supplement and, to the extent
practicable, increase the level of funds that
would otherwise be available from non-Federal
sources for the program described in the
application, and in no case supplant such funds
from non-Federal sources; and
(I) assure that the applicant will appoint an
advisory board composed of parents, school
counselors, school psychologists, school social
workers, other pupil services personnel,
teachers, school administrators, and community
leaders to advise the local educational agency
on the design and implementation of the
program.
(c) Use of Funds.--
(1) In general.--Grant funds under this section shall
be used to initiate or expand elementary school
counseling programs that comply with the requirements
in paragraph (2).
(2) Program requirements.--Each program assisted
under this section shall--
(A) be comprehensive in addressing the
personal, social, emotional, and educational
needs of all students;
(B) use a developmental, preventive approach
to counseling;
(C) increase the range, availability,
quantity, and quality of counseling services in
the elementary schools of the local educational
agency;
(D) expand counseling services only through
qualified school counselors, school
psychologists, and school social workers;
(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking,
academic and career planning, or to improve
social functioning;
(F) provide counseling services that are
well-balanced among classroom group and small
group counseling, individual counseling, and
consultation with parents, teachers,
administrators, and other pupil services
personnel;
(G) include inservice training for school
counselors, school social workers, school
psychologists, other pupil services personnel,
teachers, and instructional staff;
(H) involve parents of participating students
in the design, implementation, and evaluation
of a counseling program;
(I) involve collaborative efforts with
institutions of higher education, businesses,
labor organizations, community groups, social
service agencies, or other public or private
entities to enhance the program and promote
school-linked services integration; and
(J) evaluate annually the effectiveness and
outcomes of the counseling services and
activities assisted under this section.
(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant
under this subsection at the end of each grant period
in accordance with section 10201.
(4) Dissemination.--The Secretary shall make the
programs assisted under this section available for
dissemination, either through the National Diffusion
Network or other appropriate means.
(5) Limit on administration.--Not more than five
percent of the amounts made available under this
section in any fiscal year shall be used for
administrative costs to carry out this section.
(d) Definitions.--For purposes of this section:
(1) School counselor.--The term ``school counselor''
means an individual who has documented competence in
counseling children and adolescents in a school setting
and who--
(A) possesses State licensure or
certification granted by an independent
professional regulatory authority;
(B) in the absence of such State licensure or
certification, possesses national certification
in school counseling or a specialty of
counseling granted by an independent
professional organization; or
(C) holds a minimum of a master's degree in
school counseling from a program accredited by
the Council for Accreditation of Counseling and
Related Educational Programs or the equivalent.
(2) School psychologist.--The term ``school
psychologist'' means an individual who--
(A) possesses a minimum of 60 graduate
semester hours in school psychology from an
institution of higher education and has
completed 1,200 clock hours in a supervised
school psychology internship, of which 600
hours shall be in the school setting;
(B) possesses State licensure or
certification in school psychology in the State
in which the individual works; or
(C) in the absence of such State licensure or
certification, possesses national certification
by the National School Psychology Certification
Board.
(3) School social worker.--The term ``school social
worker'' means an individual who--
(A)(i) holds a master's degree in social work
from a program accredited by the Council on
Social Work Education; and
(ii) is licensed or certified by the State in
which services are provided; or
(B) in the absence of such State licensure or
certification, possesses national certification
as a school social work specialist granted by
an independent professional organization.
(4) Supervisor.--The term ``supervisor'' means an
individual who has the equivalent number of years of
professional experience in such individual's respective
discipline as is required of teaching experience for
the supervisor or administrative credential in the
State of such individual.
SEC. 5705. SMALLER LEARNING COMMUNITIES.
(a) Program Authorized.--
(1) In general.--The Secretary may award grants to
eligible entities to support the development of smaller
learning communities.
(2) Eligible entities.--In this section, the term
``eligible entity'' means--
(A) a local educational agency;
(B) an elementary or secondary school;
(C) a Bureau funded school; or
(D) any of the entities described in
subparagraph (A), (B), or (C) in partnership
with other public agencies or private nonprofit
organizations.
(b) Applications.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information
as the Secretary may require. Each such application shall
describe--
(1) strategies and methods the applicant will use to
create the smaller learning community;
(2) curriculum and instructional practices, including
any particular themes or emphases, to be used in the
learning environment;
(3) the extent of involvement of teachers and other
school personnel in investigating, designing,
implementing and sustaining the smaller learning
community;
(4) the process to be used for involving students,
parents and other stakeholders in the development and
implementation of the smaller learning community;
(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to
develop or implement a plan to create the smaller
learning community;
(6) the training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this section;
(7) the goals and objectives of the activities
assisted under this section, including a description of
how such activities will better enable all students to
reach challenging State content standards and State
student performance standards;
(8) the methods by which the applicant will assess
progress in meeting such goals and objectives;
(9) if the smaller learning community exists as a
school-within-a-school, the relationship, including
governance and administration, of the smaller learning
community to the rest of the school;
(10) a description of the administrative and
managerial relationship between the applicant and the
smaller learning community, including how such
applicant will demonstrate a commitment to the
continuity of the smaller learning community, including
the continuity of student and teacher assignment to a
particular learning community;
(11) how the applicant will coordinate or use funds
provided under this section with other funds provided
under this Act or other Federal laws;
(12) grade levels or ages of students who will
participate in the smaller learning community; and
(13) the method of placing students in the smaller
learning community, such that students are not placed
according to ability, performance or any other measure,
so that students are placed at random or by their own
choice, not pursuant to testing or other judgments.
(c) Authorized Activities.--Funds under this section may be
used--
(1) to study the feasibility of creating the smaller
learning community as well as effective and innovative
organizational and instructional strategies that will
be used in the smaller learning community;
(2) to research, develop and implement strategies for
creating the smaller learning community, as well as
effective and innovative changes in curriculum and
instruction, geared to high State content standards and
State student performance standards;
(3) to provide professional development for school
staff in innovative teaching methods that challenge and
engage students and will be used in the smaller
learning community; and
(4) to develop and implement strategies to include
parents, business representatives, local institutions
of higher education, community-based organizations, and
other community members in the smaller learning
communities, as facilitators of activities that enable
teachers to participate in professional development
activities, as well as to provide links between
students and their community.
(d) Evaluation and Report.--A recipient of a grant under this
section shall provide the Secretary with an annual report that
contains a description of--
(1) the specific uses of grants funds received under
this section; and
(2) evidence of the impact of the grant on student
performance and school safety.
SEC. 5706. NATIONAL STUDENT AND PARENT MOCK ELECTION.
(a) In General.--The Secretary is authorized to award grants
to national nonprofit, nonpartisan organizations that work to
promote voter participation in American elections to enable
such organizations to carry out voter education activities for
students and their parents. Such activities shall--
(1) be limited to simulated national elections that
permit participation by students and parents from all
50 States in the United States and territories,
including Department of Defense Dependent schools and
other international locales where United States
citizens are based; and
(2) consist of--
(A) school forums and local cable call-in
shows on the national issues to be voted upon
in an ``issue forum'';
(B) speeches and debates before students and
parents by local candidates or stand-ins for
such candidates;
(C) quiz team competitions, mock press
conferences and speechwriting competitions;
(D) weekly meetings to follow the course of
the campaign; or
(E) school and neighborhood campaigns to
increase voter turnout, including newsletters,
posters, telephone chains, and transportation.
(b) Requirements.--Each organization receiving a grant under
this section shall--
(1) present awards to outstanding student and parent
mock election projects; and
(2) record all votes at least 5 days prior to the
date of the general election.
PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
SEC. 5801. PURPOSE.
It is the purpose of this part to provide fellowships to
students of limited economic means, recent immigrants, students
of migrant parents, the teachers who work with such students,
and older Americans, so that such students, teachers, and older
Americans may participate in the programs supported by the
Close Up Foundation in the name of Allen J. Ellender, a Senator
from Louisiana and the President pro tempore of the Senate,
whose distinguished career in public service was characterized
by extraordinary energy and real concern for young people.
Subpart 1--Program for Middle and Secondary School Students
SEC. 5811. ESTABLISHMENT.
(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the
Close Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs of
increasing understanding of the Federal Government among middle
and secondary school students.
(b) Use of Funds.--Grants under this subpart shall be used
only to provide financial assistance to economically
disadvantaged students who participate in the programs
described in subsection (a). Financial assistance received
pursuant to this subpart by such students shall be known as
Allen J. Ellender fellowships.
SEC. 5812. APPLICATIONS.
(a) Application Required.--No grant under this subpart may be
made except upon an application at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(b) Contents of Application.--Each such application shall
contain provisions to assure--
(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
(2) that every effort will be made to ensure the
participation of students from rural and small town
areas, as well as from urban areas, and that in
awarding fellowships to economically disadvantaged
students, special consideration will be given to the
participation of students with special educational
needs, including students with disabilities, ethnic
minority students, and gifted and talented students;
and
(3) the proper disbursement of the funds received
under this subpart.
Subpart 2--Program for Middle and Secondary School Teachers
SEC. 5821. ESTABLISHMENT.
(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the
Close Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs of
teaching skills enhancement for middle and secondary school
teachers.
(b) Use of Funds.--Grants under this subpart shall be used
only for financial assistance to teachers who participate in
the programs described in subsection (a). Financial assistance
received pursuant to this subpart by such individuals shall be
known as Allen J. Ellender fellowships.
SEC. 5822. APPLICATIONS.
(a) Application Required.--No grant under this subpart may be
made except upon an application at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(b) Contents of Application.--Each such application shall
contain provisions to assure--
(1) that fellowship grants are made only to teachers
who have worked with at least one student from such
teacher's school who participates in the programs
described in section 5811(a);
(2) that not more than one teacher in each school
participating in the programs described in section
5811(a) may receive a fellowship in any fiscal year;
and
(3) the proper disbursement of the funds received
under this subpart.
Subpart 3--Programs for Recent Immigrants, Students of Migrant Parents
and Older Americans
SEC. 5831. ESTABLISHMENT.
(a) General Authority.--
(1) In general.--The Secretary is authorized to make
grants in accordance with the provisions of this
subpart to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of increasing
understanding of the Federal Government among
economically disadvantaged older Americans, recent
immigrants and students of migrant parents.
(2) Definition.--For the purpose of this subpart, the
term ``older American'' means an individual who has
attained 55 years of age.
(b) Use of Funds.--Grants under this subpart shall be used
for financial assistance to economically disadvantaged older
Americans, recent immigrants and students of migrant parents
who participate in the programs described in subsection (a).
Financial assistance received pursuant to this subpart by such
individuals shall be known as Allen J. Ellender fellowships.
SEC. 5832. APPLICATIONS.
(a) Application Required.--No grant under this subpart may be
made except upon application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
(b) Contents of Application.--Except such application shall
contain provisions to assure--
(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and
students of migrant parents;
(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from ruraland small town
areas, as well as from urban areas, and that in awarding fellowships,
special consideration will be given to the participation of older
Americans, recent immigrants and students of migrant parents with
special needs, including individuals with disabilities, ethnic
minorities, and gifted and talented students;
(3) that activities permitted by subsection (a) are
fully described; and
(4) the proper disbursement of the funds received
under this subpart.
Subpart 4--General Provisions
SEC. 5841. ADMINISTRATIVE PROVISIONS.
(a) General Rule.--Payments under this part may be made in
installments, in advance, or by way of reimbursement, with
necessary adjustments on account of underpayment or
overpayment.
(b) Audit Rule.--The Comptroller General of the United States
or any of the Comptroller General's duly authorized
representatives shall have access for the purpose of audit and
examination to any books, documents, papers, and records that
are pertinent to any grant under this part.
SEC. 5842. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out subparts 1, 2, and 3, $1,500,000 for fiscal year 2001
and such sums as may be necessary of each of the 4 succeeding
fiscal years.
(b) Special Rule.--Of the funds appropriated pursuant to
subsection (a), not more than 30 percent may be used for
teachers associated with students participating in the programs
described in section 5811(a).
PART I--READY-TO-LEARN TELEVISION
SEC. 5901. READY-TO-LEARN.
(a) In General.--The Secretary is authorized to award grants
to, or enter into contracts or cooperative agreements with,
eligible entities described in section 5902(b) to develop,
produce, and distribute educational and instructional video
programming for preschool and elementary school children and
their parents in order to facilitate the achievement of
America's Education Goals.
(b) Availability.--In making such grants, contracts, or
cooperative agreements under subsection (a), the Secretary
shall ensure that eligible entities make programming widely
available, with support materials as appropriate, to young
children, their parents, childcare workers, and Head Start
providers to increase the effective use of such programming.
SEC. 5901. EDUCATIONAL PROGRAMMING.
(a) Awards.--The Secretary shall award grants, contracts, or
cooperative agreements under section 5901 to eligible entities
to--
(1) facilitate the development directly, or through
contracts with producers of children and family
educational television programming, of--
(A) educational programming for preschool and
elementary school children; and
(B) accompanying support materials and
services that promote the effective use of such
programming;
(2) facilitate the development of programming and
digital content especially designed for nationwide
distribution over public television stations' digital
broadcasting channels and the Internet, containing
Ready to Learn-based children's programming and
resources for parents and caregivers; and
(3) enable eligible entities to contract with
entities (such as public telecommunications entities
and those funded under the Star Schools Act) so that
programs developed under this section are disseminated
and distributed--
(A) to the widest possible audience
appropriate to be served by the programming;
and
(B) by the most appropriate distribution
technologies.
(b) Eligible Entities.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an
entity shall be--
(1) a public telecommunications entity that is able
to demonstrate a capacity for the development and
national distribution of educational and instructional
television programming of high quality for preschool
and elementary school children; and
(2) able to demonstrate a capacity to contract with
the producers of children's television programming for
the purpose of developing educational television
programming of high quality for preschool and
elementary school children.
(c) Cultural Experiences.--Programming developed under this
section shall reflect the recognition of diverse cultural
experiences and the needs and experiences of both boys and
girls in engaging and preparing young children for schooling.
SEC. 5903. DUTIES OF SECRETARY.
In carrying out this part, the Secretary may--
(1) award grants, contracts, or cooperative
agreements to eligible entities described in section
5902(b), local public television stations, or such
public television stations that are part of a
consortium with 1 or more State educational agencies,
local educational agencies, local schools, institutions
of higher education, or community-based organizations
of demonstrated effectiveness, for the purpose of--
(A) addressing the learning needs of young
children in limited English proficient
households, and developing appropriate
educational and instructional television
programming to foster the school readiness of
such children;
(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching
their children and utilizing educational
television programming to promote school
readiness; and
(C) identifying, supporting, and enhancing
the effective use and outreach of innovative
programs that promote school readiness; and
(D) developing and disseminating training
materials, including--
(i) interactive programs and programs
adaptable to distance learning
technologies that are designed to
enhanceknowledge of children's social
and cognitive skill development and positive adult-child interactions;
and
(ii) support materials to promote the
effective use of materials developed
under subparagraph (B) among parents,
Head Start providers, in-home and
center-based daycare providers, early
childhood development personnel,
elementary school teachers, public
libraries, and after-school program
personnel caring for preschool and
elementary school children;
(2) establish within the Department a clearinghouse
to compile and provide information, referrals, and
model program materials and programming obtained or
developed under this part to parents, child care
providers, and other appropriate individuals or
entities to assist such individuals and entities in
accessing programs and projects under this part; and
(3) coordinate activities assisted under this part
with the Secretary of Health and Human Services in
order to--
(A) maximize the utilization of quality
educational programming by preschool and
elementary school children, and make such
programming widely available to federally
funded programs serving such populations; and
(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood
development, including programs under the Head
Start Act and Even Start, and State training
activities funded under the Child Care and
Development Block Grant Act of 1990, regarding
the availability and utilization of materials
developed under paragraph (1)(D) to enhance
parent and child care provider skills in early
childhood development and education.
SEC. 5904. APPLICATIONS.
Each entity desiring a grant, contract, or cooperative
agreement under section 5901 or 5903 shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
SEC. 5905. REPORTS AND EVALUATION.
(a) Annual Report to the Secretary.--An eligible entity
receiving funds under a grant, contract or cooperative
agreement under section 5901 shall prepare and submit to the
Secretary an annual report that contains such information as
the Secretary may require. At a minimum, the report shall
describe the program activities undertaken with funds received
under such grant, contract or cooperative agreement,
including--
(1) the programming that has been developed directly
or indirectly by the eligible entity, and the target
population of the programs developed;
(2) the support materials that have been developed to
accompany the programming, and the method by which such
materials are distributed to consumers and users of the
programming;
(3) the means by which programming developed under
this section has been distributed, including the
distance learning technologies that have been utilized
to make programming available and the geographic
distribution achieved through such technologies; and
(4) the initiatives undertaken by the eligible entity
to develop public-private partnerships to secure non-
Federal support for the development, distribution and
broadcast of educational and instructional programming.
(b) Report to Congress.--The Secretary shall prepare and
submit to the relevant committees of Congress a biannual report
that shall include--
(1) a summary of activities assisted under section
5902(a); and
(2) a description of the training materials made
available under section 5903(1)(D), the manner in which
outreach has been conducted to inform parents and
childcare providers of the availability of such
materials, and the manner in which such materials have
been distributed in accordance with such section.
SEC. 5906. ADMINISTRATIVE COSTS.
With respect to the implementation of section 5902, eligible
entities receiving a grant, contract, or cooperative agreement
from the Secretary may use not more than 5 percent of the
amounts received under such grant, contract, or cooperative
agreement for the normal and customary expenses of
administering the grant, contract, or cooperative agreement.
SEC. 5907. DEFINITION.
For the purposes of this part, the term ``distance learning''
means the transmission of educational or instructional
programming to geographically dispersed individuals and groups
via telecommunications.
SEC. 5908. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this part, $50,000,000 for fiscalyear 2001, and such
sums as may be necessary for each of the 4 succeeding fiscal years.
(b) Funding Rule.--Not less than 60 percent of the amounts
appropriated under subsection (a) for each fiscal year shall be
used to carry out section 5902.
PART J--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
SEC. 5951. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
(a) Authorization.--The Secretary is authorized to enter into
a contract with Reading Is Fundamental (RIF) (hereafter in this
section referred to as ``the contractor'') to support and
promote programs, which include the distribution of inexpensive
books to students, that motivate children to read.
(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the
distribution of books, by gift, to the extent feasible,
or loan, to children from birth through secondary
school age, including those in family literacy
programs;
(2) provide that funds made available to
subcontractors will be used only to pay the Federal
share of the cost of such programs;
(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
programs that will serve a substantial number or
percentage of children with special needs, such as--
(A) low-income children, particularly in
high-poverty areas;
(B) children at risk of school failure;
(C) children with disabilities;
(D) foster children;
(E) homeless children;
(F) migrant children;
(G) children without access to libraries;
(H) institutionalized or incarcerated
children; and
(I) children whose parents are
institutionalized or incarcerated;
(4) provide that the contractor will provide such
technical assistance to subcontractors as may be
necessary to carry out the purpose of this section;
(5) provide that the contractor will annually report
to the Secretary the number of, and describe, programs
funded under paragraph (3); and
(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section unless
the Secretary determines that the contractor or subcontractor,
as the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such
publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
(d) Definition of ``Federal Share''.--For the purpose of this
section, the term ``Federal share'' means, with respect to the
cost to a subcontractor of purchasing books to be paid under
this section, 75 percent of such costs to the subcontractor,
except that the Federal share for programs serving children of
migrant or seasonal farmworkers shall be 100 percent of such
costs to the subcontractor.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $25,000,000 for fiscal year 2001 and such sums as
may be necessary for each of the four succeeding fiscal years.
[TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
[SEC. 6001. [20 U.S.C. 7301] 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. [20 U.S.C. 7302] 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. [20 U.S.C. 7303] 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. [20 U.S.C. 7311] 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. [20 U.S.C. 7312] 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
concentrations of low-income families;
[(2) children from low-income families; and
[(3) children living in sparsely populated areas.
[(b) Calculation of Enrollments.--
[(1) In general.--The calculation of relative
enrollments under subsection (a) shall be on the basis
of the total of--
[(A) the number of children enrolled in
public schools; and
[(B) the number of children enrolled in
private nonprofit schools that desire that
their children participate in programs or
projects assisted under this 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 providehigher 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. [20 U.S.C. 7331] 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. [20 U.S.C. 7332] 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. [20 U.S.C. 7351] 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. [20 U.S.C. 7352] 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. [20 U.S.C. 7353] 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. [20 U.S.C. 7371] 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 fiscalyear 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. [20 U.S.C. 7372] 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), theSecretary 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. [20 U.S.C. 7373] 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
PART A--INNOVATIVE EDUCATION PROGRAM STRATEGIES
SEC. 6101. PURPOSE; STATE AND LOCAL RESPONSIBILITY.
(a) Purpose.--The purpose of this part is--
(1) to support local education reform efforts that
are consistent with and support statewide education
reform efforts;
(2) to support State and local efforts to accomplish
America's Education Goals;
(3) to provide funding to enable State and local
educational agencies to implement promising educational
reform strategies;
(4) to provide a continuing source of innovation and
educational improvement, including support for library
services and instructional and media materials; and
(5) to develop and implement education programs to
improve school, student, and teacher performance,
including professional development activities and class
size reduction programs.
(b) State and Local Responsibility.--The basic responsibility
for the administration of funds made available under this part
is within the State educational agencies, but it is the intent
of Congress that the responsibility be carried out with a
minimum of paperwork and that the responsibility for the design
and implementation of programs assisted under this part will be
mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because such agencies and individuals
have the most direct contact with students and are most likely
to be able to design programs to meet the educational needs of
students in their own school districts.
SEC. 6102. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
(a) Authorization.--To carry out the purposes of this part,
there are authorized to be appropriated $850,000,000 for fiscal
year 2001 and such sums as may be necessary for each of the
four succeeding fiscal years.
(b) Duration of Assistance.--During the period beginning
October 1, 2001, and ending September 30, 2006, the Secretary
shall, in accordance with the provisions of this part, make
payments to State educational agencies for the purpose of this
part.
SEC. 6103. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.
In this part the term ``effective schools program'' means a
school-based program that--
(1) may encompass preschool through secondary school
levels; and
(2) has the objectives of--
(A) promoting school-level planning,
instructional improvement, and staff
development for all personnel;
(B) increasing the academic performance
levels of all children and particularly
educationally disadvantaged children; and
(C) achieving as an ongoing condition in the
school the following factors identified through
effective schools research:
(i) Strong and effective
administrative and instructional
leadership.
(ii) A safe and orderly school
environment that enables teachers and
students to focus on academic
performance.
(iii) Continuous assessment of
students and initiatives to evaluate
instructional techniques.
Subpart 1--State and Local Programs
SEC. 6111. ALLOTMENT TO STATES.
(a) Reservations.--From the sums appropriated to carry out
this part in any fiscal year, the Secretary shall reserve not
more than one percent for payments to outlying areas to be
allotted in accordance with their respective needs.
(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of one percent of such remainder.
(c) Definitions.--In this subpart:
(1) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
(2) State.--The term ``State'' includes the 50 States
of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
SEC. 6112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
(a) Formula.--From the sums made available each year to carry
out this part, the State educational agency shall distribute
not less than 85 percent to local educational agencies within
such State according to the relative enrollments in public and
private elementary schools and secondary schools within the
school districts of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher per pupil
allocations to local educational agencies serving the greatest
numbers or percentages of children whose education imposes a
higher than average cost per child, such as--
(1) children living in areas with high concentrations
of low-income families;
(2) children from low-income families; and
(3) children living in sparsely populated areas.
(b) Calculation of Enrollments.--
(1) In general.--The calculation of relative
enrollments under subsection (a) shall be on the basis
of the total of--
(A) the number of children enrolled in public
schools; and
(B) the number of children enrolled in
private nonprofit schools that desire that
their children participate in programs or
projects assisted under this part, for the
fiscal year preceding the fiscal year for which
the determination is made.
(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational
agencies to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children
participate in programs assisted under this part.
(3) Adjustments.--
(A) In general.--Relative enrollments under
subsection (a) shall be adjusted, in accordance
with criteria approved by the Secretary under
subparagraph (B), to provide higher per pupil
allocations only to local educational agencies
which serve the greatest numbers or percentages
of--
(i) children living in areas with
high concentrations of low-income
families;
(ii) children from low-income
families; or
(iii) children living in sparsely
populated areas.
(B) Criteria.--The Secretary shall review
criteria submitted by a State educational
agency for adjusting allocations under
subparagraph (A) and shall approve such
criteria only if the Secretary determines that
such criteria are reasonably calculated to
produce an adjusted allocation that reflects
the relative needs within the State's local
educational agencies based on the factors set
forth in subparagraph (A).
(c) Payment of Allocations.--
(1) Distribution.--From the funds paid to a State
educational agency pursuant to section 6111 for a
fiscal year, a State educational agency shall
distribute to each eligible local educational agency
which has submitted an application as required in
section 6133 the amount of such local educational
agency's allocation as determined under subsection (a).
(2) Additional funds.--
(A) In general.--Additional funds resulting
from higher per pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a), may, at the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public and private nonprofit
schools in direct proportion to the number of
children described in subsection (a) and
enrolled in such schools within the local
educational agency.
(B) Requirement.--In any fiscal year, any
local educational agency that elects to
allocate such additional funds in the manner
described in subparagraph (A) shall allocate
all additional funds to schools within the
local educational agency in such manner.
(C) Construction.--The provisions of
subparagraphs (A) and (B) may not be construed
to require any school to limit the use of such
additional funds to the provision of services
to specific students or categories of students.
Subpart 2--State Programs
SEC. 6121. STATE USES OF FUNDS.
(a) Authorized Activities.--A State educational agency may
use funds made available for State use under this part only
for--
(1) State administration of programs under this part
including--
(A) supervision of the allocation of funds to
local educational agencies;
(B) planning, supervision, and processing of
State funds; and
(C) monitoring and evaluation of programs and
activities under this part;
(2) support for planning, designing, and initial
implementation of charter schools as described in part
D of title V;
(3) support for designing and implementation of high-
quality yearly student assessments;
(4) support for implementation of State and local
standards; and
(5) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which
assist local educational agencies to provide targeted
assistance.
(b) Limitations and Requirements.--Not more than 15 percent
of funds available for State programs under this part in any
fiscal year may be used for State administration under
subsection (a)(1).
SEC. 6122. STATE APPLICATIONS.
(a) Application Requirements.--Any State which desires to
receive assistance under this part shall submit to the
Secretary an application which--
(1) designates the State educational agency as the
State agency responsible for administration and
supervision of programs assisted under this part;
(2) provides for a biennial submission of data on the
use of funds, the types of services furnished, and the
students served under this part;
(3) sets forth the allocation of such funds required
to implement section 6142;
(4) provides that the State educational agency will
keep such records and provide such information to the
Secretary as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section);
(5) provides assurances that, apart from technical
and advisory assistance and monitoring compliance with
this part, the State educational agency has not
exercised and will not exercise any influence in the
decisionmaking processes of local educational agencies
as to the expenditure made pursuant to an application
under section 6133;
(6) contains assurances that there is compliance with
the specific requirements of this part; and
(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
(b) Period of Application.--An application filed by the State
under subsection (a) shall be for a period not to exceed three
years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
(c) Audit Rule.--A local educational agency that receives
less than an average of $10,000 under this part for 3 fiscal
years shall not be audited more frequently than once every 5
years.
Subpart 3--Local Innovative Education Programs
SEC. 6131. TARGETED USE OF FUNDS.
(a) General Rule.--Funds made available to local educational
agencies under section 6112 shall be used for innovative
assistance described in subsection (b).
(b) Innovative Assistance.--
(1) In general.--The innovative assistance programs
referred to in subsection (a) include--
(A) programs for the acquisition and use of
instructional and educational materials,
including library services and materials
(including media materials), assessments, and
other curricular materials that--
(B) programs to improve teaching and
learning, including professional development
activities, that are consistent with
comprehensive State and local systemic
education reform efforts;
(C) activities that encourage and expand
improvements throughout the local educational
agency that are designed to advance student
performance;
(D) initiatives to generate, maintain, and
strengthen parental and community involvement,
including initiatives creating activities for
school-age children and activities to meet the
educational needs of children aged birth
through 5;
(E) programs to recruit, hire, and train
certified teachers (including teachers
certified through State and local alternative
routes) in order to reduce class size;
(F) programs to improve the academic
performance of educationally disadvantaged
elementary school and secondary school
students, including activities to prevent
students from dropping out of school;
(G) programs and activities that expand
learning opportunities through best practice
models designed to improve classroom learning
and teaching;
(H) programs to combat both student and
parental illiteracy;
(I) technology activities related to the
implementation of school-based reform efforts,
including professional development to assist
teachers and other school personnel (including
school library media personnel) regarding how
to effectively use technology in the classrooms
and the school library media centers involved;
(J) school improvement programs or activities
under section 1116 or 1117;
(K) programs to provide for the educational
needs of gifted and talented children;
(L) programs to provide same gender schools
and classrooms, if equal educational
opportunities are made available to students of
both sexes, consistent with the Constitution of
the United States of America;
(M) service learning activities; and
(N) school safety programs.
(2) Requirements.--The innovative assistance programs
referred to in subsection (a) shall be--
(A) tied to promoting high academic
standards;
(B) used to improve student performance; and
(C) part of an overall education reform
strategy.
SEC. 6132. ADMINISTRATIVE AUTHORITY.
In order to conduct the activities authorized by this part,
each State or local educational agency may use funds made
available under this part to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
SEC. 6133. LOCAL APPLICATIONS.
(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds
under this part for any year for which an application is
submitted to the State educational agency and such application
is certified to meet the requirements of this section. The
State educational agency shall certify any such application if
such application--
(1)(A) sets forth the planned allocation of funds
among innovative assistance programs described in
section 6131 and describes the programs, projects, and
activities designed to carry out such innovative
assistance which the local educational agency intends
to support, together with the reasons for the selection
of such programs, projects, and activities; and
(B) sets forth the allocation of such funds required
to implement section 6142;
(2) describes how assistance under this part will
contribute to meeting America's Education Goals and
improving student achievement or improving the quality
of education for students;
(3) provides assurances of compliance with the
provisions of this part, including the participation of
children enrolled in private, nonprofit schools in
accordance with section 6142;
(4) agrees to keep such records, and provide such
information to the State educational agency as
reasonably may be required for fiscal audit and program
evaluation, consistent with the responsibilities of the
State educational agency under this part; and
(5) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning, and implementation of such programs, for
systematic consultation with parents of children
attending elementary schools and secondary schools in
the area served by the local educational agency, with
teachers and administrative personnel in such schools,
and with other groups involved in the implementation of
this part (such as librarians, school counselors, and
other pupil services personnel) as may be considered
appropriate by the local educational agency.
(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period
not to exceed three fiscal years, may provide for the
allocation of funds to programs for a period of three years,
and may be amended annually as may be necessary to reflect
changes without filing a new application.
(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this part, a local educational
agency shall have complete discretion in determining how funds
under this subpart shall be divided among the areas of targeted
assistance. In exercising such discretion, a local educational
agency shall ensurethat expenditures under this subpart carry
out the purposes of this part and are used to meet the educational
needs within the schools of such local educational agency.
Subpart 4--General Administrative Provisions
SEC. 6141. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
(a) Maintenance of Effort.--
(1) In general.--Except as provided in paragraph (2),
a State is entitled to receive its full allocation of
funds under this part for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this part
in any fiscal year in the exact proportion to which the
State fails to meet the requirements of paragraph (1)
by falling below 90 percent of both the fiscal effort
per student and aggregate expenditures (using the
measure most favorable to the State), and no such
lesser amount shall be used for computing the effort
required under paragraph (1) for subsequent years.
(3) Waivers.--The Secretary may waive, for one fiscal
year only, the requirements of this section if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
SEC. 6142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) Participation on Equitable Basis.--
(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this part or which serves the area in which a
program or project assisted under this part is located
who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
use, such agency, after consultation with appropriate
private school officials, shall provide for the benefit
of such children in such schools secular, neutral, and
nonideological services, materials, and equipment,
including the participation of the teachers of such
children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may
be necessary for their provision (consistent with
subsection (c) of this section), or, if such services,
materials, and equipment are not feasible or necessary
in one or more such private schools as determined by
the local educational agency after consultation with
the appropriate private school officials, shall provide
such other arrangements as will assure equitable
participation of such children in the purposes and
benefits of this part.
(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State educational agency shall make arrangements, such
as through contracts with nonprofit agencies or
organizations, under which children in private schools
in such district are provided with services and
materials to the extent that would have occurred if the
local educational agency had received funds under this
part.
(3) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children
shall apply to programs and projects carried out under
this part by a State or local educational agency,
whether directly or through grants to or contracts with
other public or private agencies, institutions, or
organizations.
(b) Equal Expenditures.--Expenditures for programs pursuant
to subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under this
part for children enrolled in the public schools of the local
educational agency, taking into account the needs of the
individual children and other factors which relate to such
expenditures, and when funds available to a local educational
agency under this part are used to concentrate programs or
projects on a particular group, attendance area, or grade or
age level, children enrolled in private schools who are
included within the group, attendance area, or grade or age
level selected for such concentration shall, after consultation
with the appropriate private school officials, be assured
equitable participation in the purposes and benefits of such
programs or projects.
(c) Funds.--
(1) Administration of funds and property.--The
control of funds provided under this part, and title to
materials, equipment, and property repaired, remodeled,
or constructed with such funds, shall be in a public
agency for the uses and purposes provided in this part,
and a public agency shall administer such funds and
property.
(2) Provision of services.--The provision of services
pursuant to this part shall be provided by employees of
a public agency or through contract by such public
agency with a person, an association, agency, or
corporation who or which, in the provision of such
services, is independent of such private school and of
any religious organizations, and such employment or
contract shall be under the controland supervision of
such public agency, and the funds provided under this part shall not be
commingled with State or local funds.
(d) State Prohibition Waiver.--If by reason of any provision
of law a State or local educational agency is prohibited from
providing for the participation in programs of children
enrolled in private elementary schools and secondary schools,
as required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
(e) Waiver and Provision of Services.--
(1) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary schools and secondary
schools as required by this section, the Secretary may
waive such requirements and shall arrange for the
provision of services to such children through
arrangements which shall be subject to the requirements
of this section.
(2) Withholding of allocation.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection or
subsection (d), the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
(f) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines that there will no longer be any failure or
inability on the part of the State or local educational agency
to meet the requirements of subsections (a) and (b).
(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
(h) Review.--
(1) Written objections.--The Secretary shall not take
any final action under this section until the State
educational agency and the local educational agency
affected by such action have had an opportunity, for
not less than 45 days after receiving written notice
thereof, to submit written objections and to appear
before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall
be conclusive; but the court, for good cause shown, may
remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if
supported by substantial evidence.
(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of part I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this part,
apply to programs under this part.
SEC. 6143. FEDERAL ADMINISTRATION.
(a) Technical Assistance.--The Secretary, upon request, shall
provide technical assistance to State and local educational
agencies under this part.
(b) Rulemaking.--The Secretary shall issue regulations under
this part to the extent that such regulations are necessary to
ensure that there is compliance with the specific requirements
and assurances required by this part.
(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this part shall become available for
obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.
PART B--RURAL EDUCATION INITIATIVE
SEC. 6201. SHORT TITLE.
This part may be cited as the ``Rural Education Achievement
Program''.
SEC. 6202. FINDINGS.
Congress makes the following findings:
(1) Under Federal law there is no consistent definition of
rural schools.
(2) Rural school districts do not benefit as much as the
school districts could from Federal education funding because
the unique needs of rural school districts do not necessarily
fit the categorical Federal formula programs.
(3) Rural schools often cannot compete for Federal funding
distributed by competitive grants because the schools lack the
personnel needed toprepare grant applications and the resources
to hire specialists in the writing of Federal grant proposals.
(4) Small school districts with fewer than 600 students often
cannot use Federal grant funds distributed by formula because
the formula allocation does not provide enough revenue to carry
out the program the grant is intended to fund.
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part--
(1) $125,000,000 for fiscal year 2001, of which
$62,500,000 shall be made available to carry out
subpart 1; and
(2) such sums as may be necessary for each of the 5
succeeding fiscal years.
Subpart 1--Small, Rural School Achievement Program
SEC. 6211. FORMULA GRANT PROGRAM AUTHORIZED.
(a) Alternative Uses.--
(1) In general.--Notwithstanding any other provision
of law, an eligible local educational agency may use
the applicable funding, that the agency is eligible to
receive from the State educational agency for a fiscal
year, to carry out innovative assistance activities
described in section 6131(b).
(2) Notification.--An eligible local educational
agency shall notify the State educational agency of the
local educational agency's intention to use the
applicable funding in accordance with paragraph (1) not
later than a date that is established by the State
educational agency for the notification.
(b) Eligibility.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
(1) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
(2) all of the schools served by the local
educational agency are designated with a School Locale
Code of 7, as determined by the Secretary of Education.
(c) Applicable Funding.--In this section, the term
``applicable funding'' means funds provided under each of
titles II, IV, and VI.
(d) Disbursal.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the
applicable funding to local educational agencies for
alternative uses under this section for the fiscal year at the
same time that the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other
Federal, State, or local education funds.
(f) Special Rule.--References in Federal law to funds for the
provisions of law set forth in subsection (c) may be considered
to be references to funds for this section.
(g) Construction.--Nothing in this subpart shall be construed
to prohibit a local educational agency that enters into
cooperative arrangements with other local educational agencies
for the provision of special, compensatory, or other education
services pursuant to State law or a written agreement from
entering into similar arrangements for the use or the
coordination of the use of the funds made available under this
section.
SEC. 6212. COMPETITIVE GRANT PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants
to eligible local educational agencies to enable the local
educational agencies to carry out innovative assistance
activities described in section 6131(b).
(b) Eligibility.--A local educational agency shall be
eligible to receive a grant under this section if--
(1) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is less than 600; and
(2) all of the schools served by the local
educational agency are designated with a School Locale
Code of 7, as determined by the Secretary of Education.
(c) Amount.--
(1) In general.--The Secretary shall award a grant to
a local educational agency under this section for a
fiscal year in an amount equal to the amount determined
under paragraph (2) for the fiscal year minus the total
amount received under the provisions of law described
under section 6211(c) for the fiscal year.
(2) Determination.--The amount referred to in
paragraph (1) is equal to $100 multiplied by the total
number of students in excess of 50 students that are in
average daily attendance at the schools served by the
local educational agency, plus $20,000, except that the
amount may not exceed $60,000.
(3) Census determination.--
(A) In general.--Each local educational
agency desiring a grant under this section
shall conduct a census not later than December
1 of each year to determine the number of
kindergarten through grade 12 students in
average daily attendance at the schools served
by the local educational agency.
(B) Submission.--Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
(4) Penalty.--If the Secretary determines that a
local educational agency has knowingly submitted false
information under paragraph (3) for the purpose of
gaining additional funds under this section, then the
local educational agency shall be fined an amount equal
to twice the difference between the amount the local
educational agency received under this section, and the
correct amount the local educational agency would have
received under this section if the agency had submitted
accurate information under paragraph (3).
(d) Disbursal.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that year.
(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplementand not supplant any other
Federal, State, or local education funds.
(f) Construction.--Nothing in this subpart shall be construed
to prohibit a local educational agency that enters into
cooperative arrangements with other local educational agencies
for the provision of special, compensatory, or other education
services pursuant to State law or a written agreement from
entering into similar arrangements for the use or the
coordination of the use of the funds made available under this
section.
SEC. 6213. ACCOUNTABILITY.
(a) Academic Achievement.--
(1) In general.--Each local educational agency that
uses or receives funds under section 6211 or 6212 for a
fiscal year shall--
(A) administer an assessment that is used
statewide and is consistent with the assessment
described in section 1111(b), to assess the
academic achievement of students in the schools
served by the local educational agency; or
(B) in the case of a local educational agency
for which there is no statewide assessment
described in subparagraph (A), administer a
test, that is selected by the local educational
agency, to assess the academic achievement of
students in the schools served by the local
educational agency.
(2) Special rule.--Each local educational agency that
uses or receives funds under section 6211 or 6212 shall
use the same assessment or test described in paragraph
(1) for each year of participation in the program
carried out under such section.
(b) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives funding under the provisions of law described in
section 6211(c) shall--
(1) after the fifth year that a local educational
agency in the State participates in a program
authorized under section 6211 or 6212 and on the basis
of the results of the assessments or tests described in
subsection (a), determine whether the students served
by the local educational agency participating in the
program performed better on the assessments or tests
after the fifth year of the participation than the
students performed on the assessments or tests after
the first year of the participation;
(2) permit only the local educational agencies that
participated in the program and served students that
performed better on the assessments or tests, as
described in paragraph (1), to continue to participate
in the program for an additional period of 5 years; and
(3) prohibit the local educational agencies that
participated in the program and served students that
did not perform better on the assessments or tests, as
described in paragraph (1), from participating in the
program, for a period of 5 years from the date of the
determination.
SEC. 6214. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.
(a) In General.--If the amount appropriated for any fiscal
year and made available for grants under this subpart is
insufficient to pay the full amount for which all agencies are
eligible under this subpart, the Secretary shall ratably reduce
each such amount.
(b) Additional Amounts.--If additional funds become available
for making payments under paragraph (1) for such fiscal year,
payments that were reduced under subsection (a) shall be
increased on the same basis as such payments were reduced.
Subpart 2--Low-Income and Rural School Program
SEC. 6221. DEFINITIONS.
In this subpart:
(1) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(2) Specially qualified agency.--The term ``specially
qualified agency'' means an eligible local educational
agency, located in a State that does not participate in
a program carried out under this subpart for a fiscal
year, which may apply directly to the Secretary for a
grant for such year in accordance with section 6222(b).
SEC. 6222. PROGRAM AUTHORIZED.
(a) Grants to States.--
(1) In general.--From the sum appropriated under
section 6203 for a fiscal year and made available to
carry out this subpart, the Secretary shall award
grants, from allotments made under paragraph (2), to
State educational agencies that have applications
approved under section 6224 to enable the State
educational agencies to award grants to eligible local
educational agencies for innovative assistance
activities described in section 6131(b).
(2) Allotment.--From the sum appropriated under
section 6203 for a fiscal year and made available to
carry out this subpart, the Secretary shall allot to
each State educational agency an amount that bears the
same ratio to the sum as the number of students in
average daily attendance at the schools served by
eligible local educational agencies in the State for
that fiscal year bears to the number of all such
students at the schools served by eligible local
educational agencies in all States for that fiscal
year.
(b) Direct Grants to Specially Qualified Agencies.--
(1) Nonparticipating state.--If a State educational
agency elects not to participate in the program carried
out under this subpart or does not have an application
approved under section 6224, a specially qualified
agency in such State desiring a grant under this
subpart shall apply directly to the Secretary under
section 6224 to receive a grant under this subpart.
(2) Direct awards to specially qualified agencies.--
The Secretary may award, on a competitive basis, the
amount the State educationalagency is eligible to
receive under subsection (a)(2) directly to specially qualified
agencies in the State.
(c) Administrative Costs.--A State educational agency that
receives a grant under this subpart may not use more than 5
percent of the amount of the grant for State administrative
costs.
SEC. 6223. STATE DISTRIBUTION OF FUNDS.
(a) In General.--A State educational agency that receives a
grant under this subpart may use the funds made available
through the grant to award grants to eligible local educational
agencies to enable the local educational agencies to carry out
innovative assistance activities described in section 6131(b).
(b) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
(A) 20 percent or more of the children age 5
through 17 that are served by the local
educational agency are from families with
incomes below the poverty line; and
(B) all of the schools served by the agency
are located in a community with a Rural-Urban
Continuum Code of 6, 7, 8, or 9, as determined
by the Secretary of Agriculture.
(c) Award Basis.--The State educational agency shall award
the grants to eligible local educational agencies--
(1) on a competitive basis; or
(2) according to a formula based on the number of
students in average daily attendance at schools served
by the eligible local educational agencies.
SEC. 6224. APPLICATIONS.
(a) In General.--Each State educational agency and specially
qualified agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--At a minimum, such application shall include
information on specific measurable goals and objectives to be
achieved through the activities carried out through the grant,
which may include specific educational goals and objectives
relating to--
(1) increased student academic achievement;
(2) decreased student dropout rates; or
(3) such other factors as the State educational
agency or specially qualified agency may choose to
measure.
SEC. 6225. ACCOUNTABILITY.
(a) State Reports.--Each State educational agency that
receives a grant under this subpart shall prepare and submit to
the Secretary an annual report. The report shall describe--
(1) the method the State educational agency used to
award grants to eligible local educational agencies
under this subpart;
(2) how the local educational agencies used the funds
provided under this subpart; and
(3) the degree to which the State made progress
toward meeting the goals and objectives described in
the application submitted under section 6224.
(b) Specially Qualified Agency Report.--Each specially
qualified agency that receives a grant under this subpart shall
prepare and submit to the Secretary an annual report. The
report shall describe--
(1) how such agency used the funds provided under
this subpart; and
(2) the degree to which the agency made progress
toward meeting the goals and objectives described in
the application submitted under section 6224.
(c) Academic Achievement.--
(1) In general.--Each local educational agency that
receives a grant under this subpart for a fiscal year
shall--
(A) administer an assessment that is used
statewide and is consistent with the assessment
described in section 1111(b), to assess the
academic achievement of students in the schools
served by the local educational agency; or
(B) in the case of a local educational agency
for which there is no statewide assessment
described in subparagraph (A), administer a
test, that is selected by the local educational
agency, to assess the academic achievement of
students in the schools served by the local
educational agency.
(2) Special rule.--Each local educational agency that
receives a grant under this subpart shall use the same
assessment or test described in paragraph (1) for each
year of participation in the program carried out under
this subpart.
(d) State Educational Agency Determination Regarding
Continuing Participation.--Each State educational agency that
receives a grant under this subpart shall--
(1) after the fifth year that a local educational
agency in the State participates in the program
authorized under this subpart and on the basis of the
results of the assessments or tests described in
subsection (c), determine whether the students served
by the local educational agency participating in the
program performed better on the assessments or tests
after the fifth year of the participation than the
students performed on the assessments or tests after
the first year of the participation;
(2) permit only the local educational agencies that
participated in the program and served students that
performed better on the assessments or tests, as
described in paragraph (1), to continue to participate
in the program for an additional period of 5 years; and
(3) prohibit the local educational agencies that
participated in the program and served students that
did not perform better on the assessments or tests, as
described in paragraph (1), from participating in the
program for a period of 5 years from the date of the
determination.
SEC. 6226. SUPPLEMENT NOT SUPPLANT.
Funds made available under this subpart shall be used to
supplement and not supplant any other Federal, State, or local
education funds.
SEC. 6227. SPECIAL RULE.
No local educational agency may concurrently participate in
activities carried out under subpart 1 and activities carried
out under this subpart.
PART C--EDUCATION FLEXIBILITY PARTNERSHIPS
SEC. 6301. SHORT TITLE.
This part may be cited as the ``Education Flexibility
Partnership Act of 2000''.
SEC. 6302. DEFINITIONS.
In this part:
(1) Eligible school attendance area; school
attendance area.--The terms ``eligible school
attendance area'' and ``school attendance area'' have
the meanings given the terms in section 1113(a)(2).
(2) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and each
outlying area.
SEC. 6303. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) Educational Flexibility Program.--
(1) Program authorized.--
(A) In general.--The Secretary may carry out
an educational flexibility program under which
the Secretary authorizes a State educational
agency that serves an eligible State to waive
statutory or regulatory requirements applicable
to one or more programs described in subsection
(b), other than requirements described in
subsection (c), for any local educational
agency or school within the State.
(B) Designation.--Each eligible State
participating in the program described in
subparagraph (A) shall be known as an ``Ed-Flex
Partnership State''.
(2) Eligible state.--For the purpose of this section
the term ``eligible State'' means a State that--
(A) has--
(i) developed and implemented the
challenging State content standards,
challenging State student performance
standards, and aligned assessments
described in section 1111(b), and for
which local educational agencies in the
State are producing the individual
school performance profiles required by
section 1116(a)(3); or
(ii)(I) developed and implemented the
content standards described in clause
(i);
(II) developed and implemented
interim assessments; and
(III) made substantial progress (as
determined by the Secretary) toward
developing and implementing the
performance standards and final aligned
assessments described in clause (i),
and toward having local educational
agencies in the State produce the
profiles described in clause (i);
(B) holds local educational agencies and
schools accountable for meeting the educational
goals described in the local applications
submitted under paragraph (4), and for engaging
in technical assistance and corrective actions
consistent with section 1116, for the local
educational agencies and schools that do not
make adequate yearly progress as described in
section 1111(b)(2); and
(C) waives State statutory or regulatory
requirements relating to education while
holding local educational agencies or schools
within the State that are affected by such
waivers accountable for the performance of the
students who are affected by such waivers.
(3) State application.--
(A) In general.--Each State educational
agency desiring to participate in the
educational flexibility program under this
section shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require. Each such application
shall demonstrate that the eligible State has
adopted an educational flexibility plan for the
State that includes--
(i) a description of the process the
State educational agency will use to
evaluate applications from local
educational agencies or schools
requesting waivers of--
(I) Federal statutory or
regulatory requirements as
described in paragraph (1)(A);
and
(II) State statutory or
regulatory requirements
relating to education;
(ii) a detailed description of the
State statutory and regulatory
requirements relating to education that
the State educational agency will
waive;
(iii) a description of clear
educational objectives the State
intends to meet under the educational
flexibility plan;
(iv) a description of how the
educational flexibility plan is
consistent with and will assist in
implementing the State comprehensive
reform plan or, if a State does not
have a comprehensive reform plan, a
description of how the educational
flexibility plan is coordinated with
activities described in section
1111(b);
(v) a description of how the State
educational agency will evaluate,
consistent with the requirements of
title I, the performance of students in
the schools and local educational
agencies affected by the waivers; and
(vi) a description of how the State
educational agency will meet the
requirements of paragraph (8).
(B) Approval and considerations.--The
Secretary may approve an application described
in subparagraph (A) only if the Secretary
determines that such application demonstrates
substantial promise of assisting the State
educational agency and affected local
educational agencies and schools within the
State in carrying out comprehensive educational
reform, after considering--
(i) the eligibility of the State as
described in paragraph (2);
(ii) the comprehensiveness and
quality of the educational flexibility
plan described in subparagraph (A);
(iii) the ability of the educational
flexibility plan to ensure
accountability for the activities and
goals described in such plan;
(iv) the degree to which the State's
objectives described in subparagraph
(A)(iii)--
(I) are clear and have the
ability to be assessed; and
(II) take into account the
performance of local
educational agencies or
schools, and students,
particularly those affected by
waivers;
(v) the significance of the State
statutory or regulatory requirements
relating to education that will be
waived; and
(vi) the quality of the State
educational agency's process for
approving applications for waivers of
Federal statutory or regulatory
requirements as described in paragraph
(1)(A) and for monitoring and
evaluating the results of such waivers.
(4) Local application.--
(A) In general.--Each local educational
agency or school requesting a waiver of a
Federal statutory or regulatory requirement as
described in paragraph (1)(A) and any relevant
State statutory or regulatory requirement from
a State educational agency shall submit an
application to the State educational agency at
such time, in such manner, and containing such
information as the State educational agency may
reasonably require. Each such application
shall--
(i) indicate each Federal program
affected and each statutory or
regulatory requirement that will be
waived;
(ii) describe the purposes and
overall expected results of waiving
each such requirement;
(iii) describe, for each school year,
specific, measurable, educational goals
for each local educational agency or
school affected by the proposed waiver,
and for the students served by the
local educational agency or school who
are affected by the waiver;
(iv) explain why the waiver will
assist the local educational agency or
school in reaching such goals; and
(v) in the case of an application
from a local educational agency,
describe how the local educational
agency will meet the requirements of
paragraph (8).
(B) Evaluation of applications.--A State
educational agency shall evaluate an
application submitted under subparagraph (A) in
accordance with the State's educational
flexibility plan described in paragraph (3)(A).
(C) Approval.--A State educational agency
shall not approve an application for a waiver
under this paragraph unless--
(i) the local educational agency or
school requesting such waiver has
developed a local reform plan that is
applicable to such agency or school,
respectively;
(ii) the waiver of Federal statutory
or regulatory requirements as described
in paragraph (1)(A) will assist the
local educational agency or school in
reaching its educational goals,
particularly goals with respect to
school and student performance; and
(iii) the State educational agency is
satisfied that the underlying purposes
of the statutory requirements of each
program for which a waiver is granted
will continue to be met.
(D) Termination.--The State educational
agency shall annually review the performance of
any local educational agency or school granted
a waiver of Federal statutory or regulatory
requirements as described in paragraph (1)(A)
in accordance with the evaluation requirement
described in paragraph (3)(A)(v), and shall
terminate any waiver granted to the local
educational agency or school if the State
educational agency determines, after notice and
an opportunity for a hearing, that the local
educational agency or school's performance with
respect to meeting the accountability
requirement described in paragraph (2)(C) and
the goals described in paragraph (4)(A)(iii)--
(i) has been inadequate to justify
continuation of such waiver; or
(ii) has decreased for two
consecutive years, unless the State
educational agency determines that the
decrease in performance was justified
due to exceptional or uncontrollable
circumstances.
(5) Oversight and reporting.--
(A) Oversight.--Each State educational agency
participating in the educational flexibility
program under this section shall annually
monitor the activities of local educational
agencies and schools receiving waivers under
this section.
(B) State reports.--
(i) Annual reports.--The State
educational agency shall submit to the
Secretary an annual report on the
results of such oversight and the
impact of the waivers on school and
student performance.
(ii) Performance data.--Not later
than 2 years after the date a State is
designated an Ed-Flex Partnership
State, each such State shall include,
as part of the State's annual report
submitted under clause (i), data
demonstrating the degree to which
progress has been made toward meeting
the State's educational objectives. The
data, when applicable, shall include--
(I) information on the total
number of waivers granted for
Federal and State statutory and
regulatory requirements under
this section, including the
number of waivers granted for
each type of waiver;
(II) information describing
the effect of the waivers on
the implementation of State and
local educational reforms
pertaining to school and
student performance;
(III) information describing
the relationship of the waivers
to the performance of schools
and students affected by the
waivers; and
(IV) an assurance from State
program managers that the data
reported under this section are
reliable, complete, and
accurate, as defined by the
State, or a description of a
plan for improving the
reliability, completeness, and
accuracy of such data as
defined by the State.
(C) Secretary's reports.--The Secretary, not
later than 2 years after the date of enactment
of the Education Flexibility Partnership Act of
1999 and annually thereafter, shall--
(i) make each State report submitted
under subparagraph (B) available to
Congress and the public; and
(ii) submit to Congress a report that
summarizes the State reports and
describes the effects that the
educational flexibility program under
this section had on the implementation
of State and local educational reforms
and on the performance of students
affected by the waivers.
(6) Duration of federal waivers.--
(A) In general.--The Secretary shall not
approve the application of a State educational
agency under paragraph (3) for a period
exceeding 5 years, except that the Secretary
may extend such period if the Secretary
determines that such agency's authority to
grant waivers--
(i) has been effective in enabling
such State or affected local
educational agencies or schools to
carry out their State or local reform
plans and to continue to meet the
accountability requirement described in
paragraph (2)(C); and
(ii) has improved student
performance.
(B) Performance review.--Three years after
the date a State is designated an Ed-Flex
Partnership State, the Secretary shall review
the performance of the State educational agency
in granting waivers of Federal statutory or
regulatory requirements as described in
paragraph (1)(A) and shall terminate such
agency's authority to grant such waivers if the
Secretary determines, after notice and an
opportunity for a hearing, that such agency's
performance (including performance with respect
to meeting the objectives described in
paragraph (3)(A)(iii)) has been inadequate to
justify continuation of such authority.
(C) Renewal.--In deciding whether to extend a
request for a State educational agency's
authority to issue waivers under this section,
the Secretary shall review the progress of the
State educational agency to determine if the
State educational agency--
(i) has made progress toward
achieving the objectives described in
the application submitted pursuant to
paragraph (3)(A)(iii); and
(ii) demonstrates in the request that
local educational agencies or schools
affected by the waiver authority or
waivers have made progress toward
achieving the desired results described
in the application submitted pursuant
to paragraph (4)(A)(iii).
(7) Authority to issue waivers.--Notwithstanding any
other provision of law, the Secretary is authorized to
carry out the educational flexibility program under
this section for each of the fiscal years 1999 through
2004.
(8) Public notice and comment.--Each State
educational agency seeking waiver authority under this
section and each local educational agency seeking a
waiver under this section--
(A) shall provide the public with adequate
and efficient notice of the proposed waiver
authority or waiver, consisting of a
description of the agency's application for the
proposed waiver authority or waiver in a widely
read or distributed medium, including a
description of any improved student performance
that is expected to result from the waiver
authority or waiver;
(B) shall provide the opportunity for
parents, educators, and all other interested
members of the community to comment regarding
the proposed waiver authority or waiver;
(C) shall provide the opportunity described
in subparagraph (B) in accordance with any
applicable State law specifying how the
comments may be received, and how the comments
may be reviewed by any member of the public;
and
(D) shall submit the comments received with
the agency's application to the Secretary or
the State educational agency, as appropriate.
(b) Included Programs.--The statutory or regulatory
requirements referred to in subsection (a)(1)(A) are any such
requirements for programs carried out under the following
provisions:
(1) Title I (other than subsections (a) and (c) of
section 1116).
(2) Subparts 1, 2, and 3 of part A of title II.
(3) Subpart 2 of part A of title V (other than
section 5136).
(4) Part A of title IV.
(5) Part A of title VI.
(6) Part C of title VII.
(7) The Carl D. Perkins Vocational and Technical
Education Act of 1998.
(c) Waivers Not Authorized.--The Secretary and the State
educational agency may not waive under subsection (a)(1)(A) any
statutory or regulatory requirement--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement;
(E) distribution of funds to States or to
local educational agencies;
(F) serving eligible school attendance areas
in rank order under section 1113(a)(3);
(G) the selection of a school attendance area
or school under subsections (a) and (b) of
section 1113, except that a State educational
agency may grant a waiver to allow a school
attendance area or school to participate in
activities under part A of title I if the
percentage of children from low-income families
in the school attendance area of such school or
who attend such school is not less than 10
percentage points below the lowest percentage
of such children for any school attendance area
or school of the local educational agency that
meets the requirements of such subsections (a)
and (b);
(H) use of Federal funds to supplement, not
supplant, non-Federal funds; and
(I) applicable civil rights requirements; and
(2) unless the underlying purposes of the statutory
requirements of the program for which a waiver is
granted continue to be met to the satisfaction of the
Secretary.
(d) Treatment of Existing Ed-Flex Partnership States.--
(1) In general.--Except as provided in paragraphs (3)
and (4), this section shall not apply to a State
educational agency that has been granted waiver
authority under the provisions of law described in
paragraph (2) (as such provisions were in effect on the
day before the date of enactment of the Educational
Opportunities Act) for the duration of the waiver
authority.
(2) Applicable provisions.--The provisions of law
referred to in paragraph (1) are as follows:
(A) Section 311(e) of the Goals 2000: Educate
America Act (as such section was in effect on
the day before the date of enactment of the
Educational Opportunities Act).
(B) The proviso referring to such section
311(e) under the heading ``education reform''
in the Department of Education Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-
229).
(3) Special rule.--If a State educational agency
granted waiver authority pursuant to the provisions of
law described in subparagraph (A) or (B) of paragraph
(2) applies to the Secretary for waiver authority under
this section--
(A) the Secretary shall review the progress
of the State educational agency in achieving
the objectives set forth in the application
submitted pursuant to section 311(e) of the
Goals 2000: Educate America Act (as such
section was in effect on the day before the
date of enactment of the Educational
Opportunities Act); and
(B) the Secretary shall administer the waiver
authority granted under this section in
accordance with the requirements of this
section.
(4) Technology.--In the case of a State educational
agency granted waiver authority under the provisions of
law described in subparagraph (A) or (B) of paragraph
(2), the Secretary shall permit a State educational
agency to expand, on or after the date of the enactment
of the Educational Opportunities Act, the waiver
authority to include programs under subpart 2 of part A
of title V (other than section 5136).
(e) Publication.--A notice of the Secretary's decision to
authorize State educational agencies to issue waivers under
this section, including a description of the rationale the
Secretary used to approve applications under subsection
(a)(3)(B), shall be published in the Federal Register and the
Secretary shall provide for the dissemination of such notice to
State educational agencies, interested parties (including
educators, parents, students, and advocacy and civil rights
organizations), and the public.
PART D--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 6401. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
such agency for State administration under one or more
of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the
majority of such agency's resources come from non-
Federal sources.
(2) Applicability.--This section applies to programs
under title I, those covered programs described in
subparagraphs (C), (D), (E), and (F) of section 3(10).
(b) Use of Funds.--
(1) In general.--A State educational agency shall use
the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under the
programs included in the consolidation under subsection
(a), such as--
(A) the coordination of such programs with
other Federal and non-Federal programs;
(B) the establishment and operation of peer-
review mechanisms under this Act;
(C) the coordinated administration of such
programs;
(D) the dissemination of information
regarding model programs and practices; and
(E) technical assistance under programs
specified in subsection (a)(2).
(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of such administration.
(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards
and assessments, a State educational agency may consolidate the
amounts made available to such agency for such purposes under
title I of this Act.
SEC. 6402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
SEC. 6403. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
(a) General Authority.--In accordance with regulations of the
Secretary, a local educational agency, with the approval of its
State educational agency, may consolidate and use for the
administration of one or more covered programs for any fiscal
year not more than the percentage, established in each covered
program, of the total amount available to the local educational
agency under such covered programs.
(b) State Procedures.--Not later than one year after the date
of enactment of the Educational Opportunities Act, a State
educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a consolidated
basis.
(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year
shall not use any other funds under the programs included in
the consolidation for administration for that fiscal year.
(d) Uses of Administrative Funds.--A local educational agency
that consolidates administrative funds under this section may
use such consolidated funds for the administration of covered
programs and for the uses described in section 6401(b)(2).
(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual covered program, to
account for costs relating to the administration of covered
programs included in the consolidation.
SEC. 6404. ADMINISTRATIVE FUNDS EVALUATION.
(a) Federal Funds Evaluation.--
(1) In general.--The Secretary shall conduct an
evaluation of the use of funds under this Act for the
administration, by State and local educational
agencies, of all covered programs, including the
percentage of grant funds used for such purpose in all
covered programs. The evaluation shall examine--
(A) the methods employed by schools, local
educational agencies, and State educational
agencies to reduce administrative expenses and
maximize the use of funds for activities
directly affecting student learning; and
(B) the steps which may be taken to assist
schools, local educational agencies, and State
educational agencies to account for and reduce
administrative expenses.
(2) State data.--Beginning in fiscal year 2001 and
each succeeding fiscal year thereafter, each State
educational agency which receives funds under title I
shall submit to the Secretary a report on the use of
title I funds for the State administration of
activities assisted under title I. Such report shall
include the proportion of State administrative funds
provided under section 1603 that are expended for--
(A) basic program operation and compliance
monitoring;
(B) statewide program services such as
development of standards and assessments,
curriculum development, and program evaluation;
and
(C) technical assistance and other direct
support to local educational agencies and
schools.
(3) Federal funds evaluation report.--The Secretary
shall complete the evaluation conducted under this
section not later than July 1, 2004, and shall submit
to the President and the appropriate committees of
Congress a report regarding such evaluation within 30
days of the completion of such evaluation.
SEC. 6405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
(a) General Authority.--
(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title IX, and the education for
homeless children and youth program under subtitle B of
title VII of the Stewart B. McKinney Homeless
Assistance Act, the amounts allotted to the Department
of the Interior under those programs.
(2) Agreement.--
(A) In general.--The Secretary and the
Secretary of the Interior shall enter into an
agreement, consistent with the requirements of the programs specified
in paragraph (1), for the distribution and use of those program funds
under terms that the Secretary determines best meet the purposes of
those programs.
(B) Requirements.--The agreement shall--
(i) set forth the plans of the
Secretary of the Interior for the use
of the amount transferred, the steps to
be taken to achieve America's Education
Goals, and performance measures to
assess program effectiveness, including
measurable goals and objectives; and
(ii) be developed in consultation
with Indian tribes.
(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for such department's costs related to the
administration of the funds transferred under this section.
SEC. 6406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
(a) Unneeded Program Funds.--With the approval of its State
educational agency, a local educational agency that determines
for any fiscal year that funds under a covered program (other
than part A of title I) are not needed for the purpose of that
covered program, may use such funds, not to exceed five percent
of the total amount of such local educational agency's funds
under that covered program, for the purpose of another covered
program.
(b) Coordination of Services.--A local educational agency,
individual school, or consortium of schools may use a total of
not more than five percent of the funds such agency, school, or
consortium, respectively, receives under this part for the
establishment and implementation of a coordinated services
project.
PART E--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 6501. PURPOSE.
It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
SEC. 6502. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Simplification.--In order to simplify application
requirements and reduce the burden for State
educational agencies under this Act, the Secretary, in
accordance with subsection (b), shall establish
procedures and criteria under which a State educational
agency may submit a consolidated State plan or a
consolidated State application meeting the requirements
of this section for--
(A) each of the covered programs in which the
State participates; and
(B) the additional programs described in
paragraph (2).
(2) Additional programs.--A State educational agency
may also include in its consolidated State plan or
consolidated State application--
(A) the Even Start program under part B of
title I;
(B) the Prevention and Intervention Programs
for Youth Who Are Neglected, Delinquent, or At-
Risk of Dropping Out under part D of title I;
(C) programs under Public Law 103-239; and
(D) such other programs as the Secretary may
designate.
(3) Consolidated applications and plans.--A State
educational agency that submits a consolidated State
plan or a consolidated State application under this
section shall not be required to submit separate State
plans or applications under any of the programs to
which the consolidated State plan or consolidated State
application under this section applies.
(b) Collaboration.--
(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
(2) Contents.--Through the collaborative process
described in subsection (b)(1), the Secretary shall
establish, for each program under this Act to which
this section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the
consideration of the consolidated State plan or
consolidated State application.
SEC. 6503. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under
this Act, whether separately or under section 6502, shall have
on file with the Secretary a single set of assurances,
applicable to each program for which such plan or application
is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, in a nonprofit
private agency, institution, or organization, or in an
Indian tribe if the law authorizing the program
provides for assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent required by the
authorizing law;
(3) the State will adopt and use proper methods of
administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of such programs;
(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
(6) the State will--
(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
(7) before the plan or application was submitted to
the Secretary, the State has afforded a reasonable
opportunity for public comment on the plan or
application and has considered such comment.
(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to this part.
SEC. 6504. ADDITIONAL COORDINATION.
(a) Additional Coordination.--In order to explore ways for
State educational agencies to reduce administrative burdens and
promote the coordination of the education services of this Act
with other health and social service programs administered by
such agencies, the Secretary is directed to seek agreements
with other Federal agencies (including the Departments of
Health and Human Services, Justice, Labor and Agriculture) for
the purpose of establishing procedures and criteria under which
a State educational agency would submit a consolidated State
plan or consolidated State application that meets the
requirements of the covered programs.
(b) Report.--The Secretary shall report to the relevant
committees of Congress not later than 6 months after the date
of enactment of the Educational Opportunities Act.
SEC. 6505. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--A local educational agency receiving
funds under more than one covered program may submit plans or
applications to the State educational agency under such
programs on a consolidated basis.
(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a
consolidated State plan or application under section 6502 may
require local educational agencies in the State receiving funds
under more than one program included in the consolidated State
plan or consolidated State application to submit consolidated
local plans or applications under such programs.
(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the consolidated
State plans or consolidated State applications under this
section.
(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
SEC. 6506. OTHER GENERAL ASSURANCES.
(a) Assurances.--Any applicant other than a State educational
agency that submits a plan or application under this Act,
whether separately or pursuant to section 6504, shall have on
file with the State educational agency a single set of
assurances, applicable to each program for which a plan or
application is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing statutes;
(3) the applicant will adopt and use proper methods
of administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary or other
Federal officials;
(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to such applicant under each such program;
(6) the applicant will--
(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
(B) maintain such records, provide such
information, and afford access to the records
as the State educational agency or the
Secretary may find necessary to carry out the
State educational agency's or the Secretary's
duties; and
(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and has considered such
comment.
(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to this part.
SEC. 6507. RELATIONSHIP OF STATE AND LOCAL PLANS TO OTHER PLANS.
(a) State Plans.--Each State plan submitted under the
following programs shall be integrated with each other and the
State's improvement plan, if any, either approved or being
developed, under Public Law 103-239, and the Carl D. Perkins
Vocational and Technical Education Act of 1998:
(1) Part A of title I (helping disadvantaged children
meet high standards).
(2) Part C of title I (education of migratory
children).
(3) Title II (professional development).
(4) Title IV (safe and drug-free schools).
(5) Part A of title VI (innovative education program
strategies).
(6) Subpart 4 of part A of title IX (Indian
education).
(b) Local Plans.--
(1) In general.--Each local educational agency plan
submitted under the following programs shall be
integrated with each other:
(A) Part A of title I (helping disadvantaged
children meet high standards).
(B) Title II (professional development).
(C) Title IV (safe and drug-free schools).
(D) Part A of title VI (innovative education
program strategies).
(E) Subpart 1 of part A of title VII
(bilingual education).
(F) Part C of title VII (emergency immigrant
education).
(G) Subpart 4 of part A of title IX (Indian
education).
(2) Plan of operation.--Each plan of operation
included in an application submitted by an eligible
entity under part B of title I (Even Start) shall be
consistent with, and promote the goals of the State
plan under section 1111 and the local educational
agency plan under section 1112.
PART F--WAIVERS
SEC. 6601. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
(1) receives funds under a program authorized by this
Act; and
(2) requests a waiver under subsection (b).
(b) Request for Waiver.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a
waiver shall submit a waiver request to the Secretary
that--
(A) identifies the Federal programs affected
by such requested waiver;
(B) describes which Federal requirements are
to be waived and how the waiving of such
requirements will--
(i) increase the quality of
instruction for students; or
(ii) improve the academic performance
of students;
(C) if applicable, describes which similar
State and local requirements will be waived and
how the waiving of such requirements will
assist the local educational agencies, Indian
tribes or schools, as appropriate, to achieve
the objectives described in clauses (i) and
(ii) of subparagraph (B);
(D) describes specific, measurable
educational improvement goals and expected
outcomes for all affected students;
(E) describes the methods to be used to
measure progress in meeting such goals and
outcomes; and
(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are
requested.
(2) Additional information.--Such requests--
(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
(B) shall be developed and submitted--
(i)(I) by local educational agencies
(on behalf of such agencies and
schools) to State educational agencies;
and
(II) by State educational agencies
(on behalf of, and based upon the
requests of, local educational
agencies) to the Secretary; or
(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the
Secretary.
(3) General requirements.--
(A) State educational agencies.--In the case
of a waiver request submitted by a State
educational agency acting in its own behalf,
the State educational agency shall--
(i) provide all interested local
educational agencies in the State with
notice and a reasonable opportunity to
comment on the request;
(ii) submit the comments to the
Secretary; and
(iii) provide notice and information
to the public regarding the waiver
request in the manner that the applying
agency customarily provides similar
notices and information to the public.
(B) Local educational agencies.--In the case
of a waiver request submitted by a local
educational agency that receives funds under
this Act--
(i) such request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
such State educational agency; and
(ii) notice and information regarding
the waiver request shall be provided to
the public by the agency requesting the
waiver in the manner that such agency
customarily provides similar notices
and information to the public.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
(5) equitable participation of private school
students and teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school under part D
of title V;
(9) the prohibitions regarding--
(A) State aid in section 10102; or
(B) use of funds for religious worship or
instruction in section 10107; or
(10) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a
school attendance area or school to participate in
activities under part A of title I if the percentage of
children from low-income families in the school
attendance area of such school or who attend such
school is not less than 10 percentage points below the
lowest percentage of such children for any school
attendance area or school of the local educational
agency that meets the requirements of such subsections
(a) and (b).
(d) Duration and Extension of Waiver.--
(1) In general.--Except as provided in paragraph (2),
the duration of a waiver approved by the Secretary
under this section may be for a period not to exceed
three years.
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
(A) the waiver has been effective in enabling
the State or affected recipients to carry out
the activities for which the waiver was
requested and the waiver has contributed to
improved student performance; and
(B) such extension is in the public interest.
(e) Reports.--
(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end
of the second year for which a waiver is received under
this section, and each subsequent year, submit a report
to the State educational agency that--
(A) describes the uses of such waiver by such
agency or by schools;
(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
(C) evaluates the progress of such agency and
of schools in improving the quality of
instruction or the academic performance of
students.
(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on such reports and contains such information as the
Secretary may require.
(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
(A) describes the uses of such waiver by
schools operated by such tribe; and
(B) evaluates the progress of such schools in
improving the quality of instruction or the
academic performance of students.
(4) Report to congress.--Beginning in fiscal year
2001 and each subsequent year, the Secretary shall
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report--
(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
(B) describing whether such waivers--
(i) increased the quality of
instruction to students; or
(ii) improved the academic
performance of students.
(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the
waiver has been inadequate to justify a continuation of the
waiver or if the waiver is no longer necessary to achieve its
original purposes.
(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
PART G--EDUCATION PERFORMANCE PARTNERSHIPS
SEC. 6701. SHORT TITLE.
This part may be cited as the ``Education Performance
Partnerships Act''.
SEC. 6702. PURPOSE.
The purpose of this part is to create options for States and
communities--
(1) to improve the academic achievement of all
students, and to focus the resources of the Federal
Government on such achievement;
(2) to give States and communities maximum
flexibility in determining how to boost academic
achievement and implement education reforms;
(3) to hold States and communities accountable for
boosting the academic achievement of all students,
especially disadvantaged children;
(4) to narrow achievement gaps between the lowest and
highest performing groups of students so that no child
is left behind;
(5) to give States and local school districts maximum
flexibility to determine how to educate students in
return for standards of accountability that exceed the
requirements of existing Federal law.
SEC. 6703. PERFORMANCE PARTNERSHIP AGREEMENTS.
(a) Agreement Authorized.--A State may, at the option of the
State, execute a performance partnership agreement with the
Secretary under which the provisions of law described in
section 6704(a) shall not apply to such State except as
otherwise provided in this part.
(b) Determination of State Participation.--The Governor of a
State, in consultation with the individual or body responsible
for the education programs of the State under State law, shall
determine whether the State shall participate in a performance
partnership agreement.
(c) Approval of Performance Partnership Agreement.--
(1) In general.--A performance partnership agreement
submitted to the Secretary under this section shall be
approved by the Secretary unless the Secretary provides
a written notification, within 60 days after receiving
the performance partnership agreement, that identifies
areas of the agreement that do not comply with the
provisions of this part but that are subject to
negotiation under paragraph (2).
(2) Negotiations.--
(A) In general.--Not later than 4 months
after the date on which a notification is
provided to a State under paragraph (1), the
Secretary shall complete negotiations with the
State concerning the areas of noncompliance
identified in the notification.
(B) Peer review.--If the Secretary and the
State do not complete negotiations within the
4-month period described in subparagraph (A),
the proposed performance partnership agreement
involved shall be subject to peer review,
except that such 4-month period may be extended
for an additional 30 days if the Secretary and
the State agree to such a continuance.
(3) Resubmission.--A State may resubmit a performance
partnership agreement at any time after such agreement
is rejected by the Secretary. If the Secretary rejects
a performance partnership agreement, a State shall have
the opportunity to request peer review of the
rejection.
(4) Peer review.--
(A) Establishment of committee.--The
Secretary shall establish a peer review
committee to conduct a review of a performance
partnership agreement as provided for under
paragraph (2)(B) or (3).
(B) Reviewers.--The committee shall be
composed of 7 members, of which--
(i) 2 members shall be appointed by
the State submitting the agreement;
(ii) 2 members shall be appointed by
the Secretary; and
(iii) 3 members shall be appointed by
the National Academy of Sciences.
(C) Responsibilities.--The committee shall
review the agreement and, at the discretion of
the committee, conduct a site visit.
(D) Recommendations.--The committee shall
make advisory recommendations to the Secretary
and the State regarding the agreement, not
later than 60 days after receiving the
agreement.
(E) Decision.--
(i) In general.--Except as provided
in clause (ii), not later than 30 days
after receiving the recommendations,
the Secretary shall decide whether to
approve the agreement.
(ii) Continued negotiations.--
Negotiations on the agreement may
continue for as long as the Secretary
and the State agree.
(d) Terms of Performance Partnership.--Each performance
partnership agreement executed pursuant to this part shall meet
the following requirements:
(1) Term.--The agreement shall contain a statement
that the term of the performance partnership agreement
may be not more than 5 years.
(2) Application of program requirements.--The
agreement shall state that no program requirements of
any program included in the performance partnership
agreement shall apply to activities carried out with
the program funds, except as otherwise provided in this
part.
(3) List.--The agreement shall include a list,
provided by the State, of the programs that the State
wishes to include in the performance partnership
agreement.
(4) Use of funds to improve student achievement.--The
agreement shall contain a 5-year plan describing how
the State intends to combine and use the funds from
programs included in the performance partnership
agreement to advance the education priorities of the
State, improve student achievement, and narrow
achievement gaps between groups of students.
(5) Opportunity for public review and comment.--The
agreement shall include information that demonstrates
that the State has, as provided for under the laws of
the State, provided parents, teachers, and local
educational agencies with notice and an opportunity to
comment on a proposed performance partnership agreement
prior to the submission of such agreement to the
Secretary.
(6) Accountability system requirements.--If the State
includes any program under part A of title I in the
performance partnership agreement the State shall
include a certification that--
(A)(i) the State has developed and
implemented the challenging State content
standards, challenging State student
performance standards, and aligned assessments
described in section 1111(b); or
(ii) the State has developed and implemented
a system to measure the degree of change from 1
school year to the next in student performance
on such aligned assessments;
(B) the State has established a system under
which assessment information obtained through
an assessment or measurement described in
subparagraph (A) is disaggregated by race,
ethnicity, English proficiency status, and
socioeconomic status for the State, each local
educational agency, and each school, except
that such disaggregation shall not be required
in cases in which--
(i) the number of students in any
group that would result would be
insufficient to yield statistically
reliable information; or
(ii) the disaggregated information
would reveal the identity of an
individual student;
(C) the State has established specific,
measurable, student performance objectives for
determining adequate yearly progress (referred
to in this part as ``performance objectives''),
including--
(i) a definition of performance
considered to be adequate and
inadequate bythe State on the
assessment or measurement instruments described in subparagraph (A)
(and (B)), for all students; and
(ii) the objective of improving the
performance of all student groups and
narrowing gaps in achievement between
the lowest and highest performing
students; and
(D) the State has developed and implemented a
statewide system for holding local educational
agencies and schools in the State accountable
for student performance on the performance
objectives that includes--
(i) a procedure for identifying local
educational agencies and schools in
need of improvement;
(ii) a procedure for assisting and
building capacity in local educational
agencies and schools identified as
needing improvement, to improve
teaching and learning; and
(iii) a procedure for implementing
corrective actions if the provision of
assistance and capacity building
described in clause (ii) is not
effective.
(7) Performance goals.--
(A) Student achievement data.--Each State
shall establish, and include in the agreement,
student performance goals for the 5-year term
of the agreement that, at a minimum--
(i) establish a single high standard
of performance for all students;
(ii) take into account the progress
of students from every local
educational agency and school in the
State participating in a program
subject to the performance partnership
agreement;
(iii) measure changes in the
percentages of students at selected
grade levels meeting specified
proficiency levels of achievement
(established by the State) in each year
of the performance partnership
agreement, compared to such percentages
in the baseline year (as described in
subparagraph (C));
(iv) set annual goals for improving
the performance of each group specified
in paragraph (6)(B) and for narrowing
gaps in performance between the highest
and lowest performing students in
accordance with section 6710(b); and
(v) require all students served by a
local educational agency or school in
the State participating in a program
subject to the performance partnership
agreement to make substantial gains in
achievement.
(B) Additional performance indicators.--A
State may identify in the performance
partnership agreement any additional
performance indicator such as graduation,
dropout, or attendance rates.
(C) Baseline performance data.--To determine
the percentages of students at selected grade
levels meeting specified proficiency levels of
achievement for the baseline year, the State
shall use the most recent achievement data
available on the date on which the State and
the Secretary execute the performance
partnership agreement.
(D) Consistency of performance measures.--A
State shall maintain, at a minimum, the same
challenging State student performance
standards, and consistent aligned assessments
or measures, as specified in the performance
partnership agreement involved, throughout the
term of the agreement.
(8) Annual report.--The agreement shall include an
assurance that not later than 2 years after the date of
the execution of the performance partnership agreement,
and annually thereafter, the State shall disseminate
widely to the general public, submit to the Secretary,
distribute to print and broadcast media, and post on
the Internet, a report that includes--
(A) student performance data obtained through
an assessment or measurement conducted under
paragraph (6)(A), disaggregated as provided in
paragraph (6)(B); and
(B) a detailed description of how the State
has used Federal funds to improve student
performance and reduce achievement gaps to meet
the terms of the performance partnership
agreement.
(9) Compliance.--The agreement shall include an
assurance that the State educational agency was in
compliance with the requirements of this Act as such
Act was in effect on the date of enactment of this
part.
(10) Alignment with reform plan.--The agreement shall
contain an assurance that the plan described in
paragraph (4) is aligned with the State's reform plan
for elementary and secondary education.
(11) Fiscal responsibilities.--The agreement shall
include an assurance that the State will use fiscal
control and fund accounting procedures that will ensure
proper disbursements of, and accounting for, Federal
funds provided to the State under this part.
(12) Implementation schedule.--The agreement shall
include a schedule for implementation of the plan
described in paragraph (4) that aligns the plan with
the school calendar for elementary schools and
secondary schools in the State.
(13) Timeline for reporting student performance
data.--The agreement shall contain a timeline for
reporting student performance data obtained through an
assessment or measurement conducted under paragraph
(6)(A), based on the State's assessment schedule.
(e) Amendment to Performance Partnership Agreement.--
(1) In general.--The State may modify the terms of
the performance partnership agreement--
(A) by submitting to the Secretary, and
obtaining the approval of the Secretary on, an
amendment described in paragraph (2); or
(B) by providing notice to the Secretary of
the State's intent to make an amendment
described in paragraph (3).
(2) Amendments requiring approval of secretary.--
(A) Withdrawal of programs.--A State may
submit to the Secretary an amendment that
withdraws a program described in section
6704(a) from the performance partnership
agreement. If the Secretary approves the
amendment, the requirements of applicable law
shall apply for the program withdrawn.
(B) Inclusion of programs.--A State may
submit to the Secretary an amendment that
includes an additional program described in
section 6704(a) in the performance partnership
agreement.
(C) Inclusion of performance objectives.--A
State may submit to the Secretary an amendment
that includes in the agreementan additional
performance objective for which local educational agencies and schools
in the State will be held accountable.
(3) Amendments not requiring approval of secretary.--
A State, in the discretion of the State, may amend the
performance partnership agreement to modify any term of
the agreement other than a term described in paragraph
(2) or subsection (d)(7)(D).
SEC. 6704. TREATMENT OF ELIGIBLE PROGRAMS UNDER AGREEMENTS.
(a) Eligible Programs.--The programs that may be included in
a performance partnership agreement under this part are the
programs authorized under the following provisions of law:
(1) Part A of title I.
(2) Part B of title I.
(3) Part C of title I.
(4) Section 1502.
(5) Subparts 1, 2, and 3 of part A of title II.
(6) Part B of title III.
(7) Section 5132.
(8) Title VI.
(9) Part C of title VII.
(10) Any other provision of this Act that is not in
effect on the date of enactment of the Educational
Opportunities Act under which the Secretary provides
grants to States on the basis of a formula.
(11) Section 310 of the Department of Education
Appropriations Act, 2000.
(12) Title III of the Goals 2000: Educate America
Act.
(13) Subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act.
(b) Excluded Provisions.--Each State entering into a
performance partnership agreement under this part shall comply
with any statutory or regulatory requirement applicable to a
program described in subsection (a) relating to--
(1) maintenance of effort;
(2) comparability of services;
(3) equitable participation of students and
professional staff of private schools;
(4) parental participation and involvement;
(5) in the case of a program carried out under part A
of title I, the serving of eligible school attendance
areas in rank order under section 1113(a)(3);
(6) in the case of a program carried out under part A
of title I, the selection of a school attendance area
or school under subsections (a) and (b) of section
1113, except that a State may grant a waiver to allow a
school attendance area or school to participate in
activities under part A of title I of such Act if the
percentage of children from low-income families (within
the meaning of section 6303(c)(1)(G)) in the school
attendance area of such school or who attend such
school is not less than 10 percentage points below the
lowest percentage of such children for any school
attendance area or school served by the local
educational agency that meets the requirements of such
subsections (a) and (b);
(7) use of Federal funds to supplement, not supplant,
non-Federal funds; and
(8) applicable civil rights requirements.
(c) Combination of Funds Under Agreement.--A State that
includes programs described in subsection (a) in a partnership
performance agreement may combine funds from any or all of the
programs without regard to the program requirements of the
programs, except--
(1) as otherwise provided in this part; and
(2) that formulas for the program for the allotment
of Federal funds to States shall remain in effect
except as otherwise provided in Federal law.
(d) Uses of Funds Under Agreement.--Funds made available to a
State under this part shall be used for educational purposes,
including--
(1) carrying out activities focused on improved
student learning;
(2) providing new books;
(3) providing additional technology;
(4) promoting high standards and conducting
assessments;
(5) conducting teacher hiring and making improvements
in the quality of teaching;
(6) reducing class sizes;
(7) operating alternative schools;
(8) constructing schools;
(9) supporting special education;
(10) operating charter schools;
(11) promoting character education;
(12) conducting dropout prevention activities; and
(13) providing tutoring and remedial help for
struggling students.
SEC. 6705. LOCAL PARTICIPATION IN AGREEMENTS.
(a) Nonparticipating State.--
(1) In general.--If a State chooses not to submit a
performance partnership agreement under this part, any
local educational agency in such State is eligible, at
the option of the agency, to submit to the Secretary a
performance partnership agreement in accordance with
this section.
(2) Agreement.--The terms of a performance
partnership agreement between an eligible local
educational agency described in this subsection and the
Secretary shall specify the programs to be included in
the performance partnership agreement, as agreed upon
by the State and the agency, from the list specified in
section 6704(a).
(b) State Approval.--In submitting a performance partnership
agreement to the Secretary, the eligible local educational
agency shall provide written documentation from the State in
which such agency is located that the State has no objection to
the local educational agency's proposal for a performance
partnership agreement.
(c) Application.--
(1) In general.--Except as provided in this section,
and to the extent practicable, the requirements of this
part shall apply to an eligible local educational
agency that submits a performance partnership agreement
in the same manner and to the same extent as the
requirements apply to a State that submits such an
agreement.
(2) Exceptions.--Sections 6706 (other than section
6706(b)) and 6707 (other than section 6707(d)) shall
not apply to the eligible local educational agency.
SEC. 6706. WITHIN STATE DISTRIBUTION OF FUNDS.
(a) In General.--A State that enters into a performance
partnership agreement with respect to programs shall distribute
the funds from the programs to local educational agencies
within the State on the basis of the constitutional and
statutory requirements of the State.
(b) Targeting for Programs Under Part A of Title I.--If a
State includes programs carried out under part A of title I in
the performance partnership agreement, sections 1113, 1124,
1124A, 1125, 1125A, 1126, and 1127 shall apply under the
agreement, except as provided for under part C.
SEC. 6707. STATE ADMINISTRATIVE EXPENDITURES.
(a) Part A Program in Agreement.--A State that includes
programs carried out under title I in the State's performance
partnership agreement may use not more than 1 percent of the
total amount of funds allotted to such State under such
programs (as part of the performance partnership agreement) for
administrative purposes.
(b) Other Programs in Agreement.--
(1) In general.--With respect to programs included in
the performance partnership agreement of the State
other than programs carried out under title I, the
State may use for administrative purposes, from the
total amount of funds allotted to such State under such
non-title I programs (as part of the performance
partnership agreement)--
(A) for the first school year for which the
agreement is in effect, not more than the total
amount provided for administration under the
programs for the preceding school year;
(B) for the second such school year, not more
than 5 percent, plus 75 percent of the covered
reduction, of the total amount of funds
allotted;
(C) for the third such school year, not more
than 5 percent, plus 50 percent of the covered
reduction, of the total amount of funds
allotted;
(D) for the fourth such school year, not more
than 5 percent, plus 25 percent of the covered
reduction, of the total amount of funds
allotted; and
(E) for the fifth such school year, not more
than 5 percent of the total amount of funds
allotted.
(2) Exception.--Notwithstanding paragraph (1), a
State may use not more than 7 percent of the total
amount of funds allotted to such State under such non-
title I programs (as part of the performance
partnership agreement) for administrative and
nonadministrative expenses associated with statewide or
districtwide initiatives directly affecting classroom
learning.
(3) Definition.--In this subsection, the term
``covered reduction'' means the amount obtained by
subtracting--
(A) 5 percent of the total amount of funds
allotted to the State under the programs
included in the agreement; from
(B) the total amount described in paragraph
(1)(A).
(c) Renewal of Agreement.--Upon the renewal of the
performance partnership agreement of a State for a subsequent
term, the State may use not more than 5 percent of the total
amount of funds allotted to such State under the programs
included in the performance partnership agreement for
administrative purposes.
(d) Local Educational Agency.--A local educational agency
submitting a performance partnership agreement under this part
may use not more than 5 percent of the total amount of funds
allotted to such agency under the programs included in the
performance partnership agreement for administrative purposes.
SEC. 6708. PERFORMANCE REVIEW.
(a) Recommendations for Improvement.--
(1) Review.--At the end of the third year for which a
performance partnership agreement is in effect for a
State, the Secretary shall prepare a written
performance review of the activities carried out under
the agreement.
(2) Recommendations.--
(A) In general.--If the Secretary determines,
in the performance review that--
(i) the State has failed to carry out
the requirements of the agreement;
(ii) the State has failed to
implement the State accountability
system described in section
6703(d)(6)(D); or
(iii) the State has failed to make
adequate progress in improving student
performance, as measured through
performance objectives,
the Secretary shall include in the review
written recommendations to the State for
improvement.
(B) Significant decline in achievement.--If
the Secretary determines, in the performance
review, that student achievement with respect
to the performance objectives of the State has
significantly declined, the Secretary shall,
after notice and an opportunity for a hearing,
terminate the agreement. Such agreement shall
not be terminated if the State demonstrates to
the Secretary that the decline in student
achievement was justified based on exceptional
circumstances or circumstances beyond the
control of the State.
(b) Withholding of Funds or Termination of Agreement.--
(1) Review.--If the Secretary makes a determination
described in subsection (a)(2) in the performance
review for a State, not later than 1 year after the
date of the determination the Secretary shall prepare a
second written performance review for the State of the
activities described in subsection (a)(1).
(2) Action.--If the Secretary makes a determination
described in subsection (a)(2) in the second
performance review for a State, the Secretary may take
1 or more of the following actions:
(A) Withhold a percentage of State
administrative funds for programs included in
the performance partnership agreement.
(B) Terminate the performance partnership
agreement.
SEC. 6709. RENEWAL OF PERFORMANCE PARTNERSHIP AGREEMENT.
(a) Notification.--A State that wishes to renew a performance
partnership agreement shall notify the Secretary not later than
6 months before the end of the 5-year term of the agreement.
(b) Renewal Requirements.--The Secretary shall renew the
agreement for an additional 5-year term, if--
(1) at the end of the 5-year term described in
subsection (a), or as soon after the term as is
practicable, the State submits the data required under
the agreement; and
(2) the Secretary determines, on the basis of the
data, that the State that has made substantial progress
toward meeting the performance goals described in
section 6703(d)(7) during the 5-year term.
SEC. 6710. CLOSING THE ACHIEVEMENT GAP BONUS AWARDS.
(a) In General.--The Secretary shall provide bonus awards to
eligible States (without regard to whether the States
participate in a performance partnership agreement) to reward
such States for making significant progress in eliminating
achievement gaps by raising the achievement levels of the
lowest performing student groups.
(b) Eligibility.--
(1) In general.--To be eligible to receive a bonus
award under subsection (a), a State shall--
(A) use National Assessment of Educational
Progress tests for the 4th and 8th grade levels
or another non-State auditing device to measure
(with a statistically significant sample of
students) student academic progress for
purposes of determining the progress made by
the State in narrowing the achievement gap
between the highest and lowest performing
students in the State; and
(B) exceed the national average for reducing
the achievement gap between the lowest
performing students and the highest performing
students in at least 3 of the 4 measured
categories (math and English at both the 4th
and 8th grade levels).
(2) Determination of reduction.--If, at the end of
the fifth academic year that begins after performance
partnerships are entered into under this part, the
Secretary determines that the achievement gap between
the lowest performing students and the highest
performing students in a State has decreased (as
determined under subsection (c)(2)) by a percentage
that exceeds the national average for such reduction
(as determined under subsection (c)(1)), the Secretary
shall award the State the amount described in
subsection (e).
(c) Determining the Reduction in Achievement Gap.--
(1) National average.--
(A) In general.--For purposes of determining
the national average reduction in the
achievement gap between the lowest performing
students and the highest performing students,
the Secretary shall compare the baseline and
final levels of achievement (as determined
under subparagraphs (B) and (C)) of--
(i) all those students eligible for
free and reduced-price lunches under
the Richard B. Russell National School
Lunch Act in the States described in
such subparagraphs; and
(ii) all other students not described
in subparagraph (A) in the States
described in such subparagraphs;
in each of the 4 measured categories described
in subsection (b)(1)(B).
(B) Baseline level.--For purposes of
subparagraph (A), the baseline level of
achievement shall be based on the results of
the National Assessment of Educational Progress
tests of 4th and 8th grade students in both
math and reading during the 2001-2002 academic
year for all States administering such tests,
or the results on another non-State auditing
device during the academic year.
(C) Final level.--For purposes of
subparagraph (A), the final level of
achievement shall be based on the results of
the National Assessment of Educational Progress
tests of 4th and 8th grade students in both
math and reading for all States administering
such tests during the fifth academic year in
which performance partnerships are entered into
under this part, or the results of another non-
State auditing device during the calendar year.
(2) State reductions.--
(A) In general.--For purposes of determining
the State reduction in the achievement gap
between the lowest performing students and the
highest performing students, the Secretary
shall compare the baseline and final levels of
achievement (as determined under subparagraphs
(B) and (C)) of--
(i) those students in the State who
are eligible for free and reduced-price
lunches under the Richard B. Russell
National School Lunch Act; and
(ii) other students in the State not
described in subparagraph (A);
in each of the 4 measured categories described
in subsection (b)(1)(B).
(B) Baseline level.--For purposes of
subparagraph (A), the baseline level of
achievement shall be based on the results of
the National Assessment of Educational Progress
tests of 4th and 8th grade students in both
math and reading during the 2001-2002 academic
year for the State, or the results on another
non-State auditing device during the academic
year.
(C) Final level.--For purposes of
subparagraph (A), the final level of
achievement shall be based on the results of
the National Assessment of Educational Progress
tests of 4th and 8th grade students in both
math and reading for the State during the fifth
academic year in which performance partnerships
are entered into under this part, or the
results on another non-State auditing device
during the academic year.
(3) Limitation.--A reduction in the achievement gap
between the lowest performing students and the highest
performing students that results from a reduction in
the achievement levels of the highest performing
students shall not be considered a reduction for
purposes of this subsection.
(d) Review.--The Secretary shall review the improvement that
the State has made in closing the achievement gap, as measured
on State assessments.
(e) Amount of Award.--
(1) In general.--The amount described in this
subsection with respect to a State described
insubsection (b)(2) shall be an amount that bears the same relationship
to the amount appropriated under subsection (f) as the number of
eligible individuals in the State bears to the total number of eligible
individuals in all such States.
(2) Eligible individuals.--In paragraph (1), the term
``eligible individuals'' means individuals who are at
least 5 years of age, but less than 17 years of age,
and whose family income is below the poverty line
applicable to a family of the size.
(3) Poverty line.--In paragraph (2), the term
``poverty line'' has the meaning given such term in
section 673(2) of the Community Services Block Grant
Act, including any revision required by such section.
(f) Authorization of Appropriations.--There shall be
appropriated $2,500,000,000 for the fifth full fiscal year for
which performance partnership agreements are entered into under
this part to carry out this section.
SEC. 6711. PERFORMANCE REPORT.
Not later than 60 days after the Secretary receives an annual
State report described in section 6703(d)(8), the Secretary
shall make the report available to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.
PART H--ACADEMIC ACHIEVEMENT FOR ALL DEMONSTRATION
SEC. 6801. SHORT TITLE.
This part may be cited as the ``Academic Achievement for All
Demonstration Act (Straight A's Act)''.
SEC. 6802. PURPOSE.
The purpose of this part is to create options for States and
communities--
(1) to improve the academic achievement of all
students, and to focus the resources of the Federal
Government upon such achievement;
(2) to improve teacher quality and subject matter
mastery, especially in mathematics, reading, and
science;
(3) to empower parents and schools to effectively
address the needs of their children and students;
(4) to give States and communities maximum freedom in
determining how to boost academic achievement and
implement education reforms;
(5) to eliminate Federal barriers to implementing
effective State and local education programs;
(6) to hold States and communities accountable for
boosting the academic achievement of all students,
especially disadvantaged children; and
(7) to narrow achievement gaps between the lowest and
highest performing groups of students so that no child
is left behind.
SEC. 6803. PERFORMANCE AGREEMENT.
(a) Program Authorized.--Not more than 15 States may, at
their option, execute a performance agreement with the
Secretary under which the provisions of law described in
section 6804(a) shall not apply to such State except as
otherwise provided in this part. The Secretary shall execute
performance partnership agreements with the first 15 States
that submit approvable performance agreements under this
section.
(b) Local Input.--States shall provide parents, teachers, and
local schools and school districts notice and opportunity to
comment on any proposed performance agreement prior to
submission to the Secretary as provided under general State law
notice and comment provisions.
(c) Approval of Performance Agreement.--A performance
agreement submitted to the Secretary under this section shall
be considered as approved by the Secretary within 60 days after
receipt of the performance agreement unless the Secretary
provides a written determination to the State that the
performance agreement fails to satisfy the requirements of this
part before the expiration of the 60-day period.
(d) Terms of Performance Agreement.--Each performance
agreement executed pursuant to this part shall include the
following provisions:
(1) Term.--A statement that the term of the
performance agreement shall be 5 years.
(2) Application of program requirements.--A statement
that no program requirements of any program included by
the State in the performance agreement shall apply,
except as otherwise provided in this part.
(3) List.--A list provided by the State of the
programs that the State wishes to include in the
performance agreement.
(4) Use of funds to improve student achievement.--A
5-year plan describing how the State intends to combine
and use the funds from programs included in the
performance agreement to advance the education
priorities of the State, improve student achievement,
and narrow achievement gaps between students.
(5) Accountability requirements.--If a State includes
any part of title I in its performance agreement, the
State shall include a certification that the State has
done the following:
(A)(i) developed and implemented the
challenging State content standards,
challenging State student performance
standards, and aligned assessments described in
section 1111(b); or
(ii) developed and implemented a system to
measure the degree of change from one school
year to the next in student performance;
(B) developed and is implementing a statewide
accountability system that has been or is
reasonably expected to be effective in
substantially increasing the numbers and
percentages of all students who meet the
State's proficient and advanced levels of
performance;
(C) established a system under which
assessment information may be disaggregated
within each State, local educational agency,
and school by each major racial and ethnic
group, gender, English proficiency status,
migrant status, and by economically
disadvantaged students as compared to students
who are not economically disadvantaged (except
that such disaggregation shall not be required
in cases in which the number of students in any
such group is insufficient to yield
statistically reliable information or will
reveal the identity of an individual student);
(D) established specific, measurable,
numerical performance objectives for student
achievement, including a definition of
performance considered to be proficient by the
State on the academic assessment instruments
described under subparagraph (A);
(E) developed and implemented a statewide
system for holding its local educational
agencies and schools accountable for student
performance that includes--
(i) a procedure for identifying local
educational agencies and schools in
need of improvement, using the
assessments described under
subparagraph (A);
(ii) assisting and building capacity
in local educational agencies and
schools identified as in need of
improvement to improve teaching and
learning; and
(iii) implementing corrective actions
after not more than 3 years if the
assistance and capacity building under
clause (ii) is not effective.
(6) Performance goals.--
(A) Student academic achievement.--Each State
that includes part A of title I in its
performance agreement shall establish annual
student performance goals for the 5-year term
of the performance agreement that, at a
minimum--
(i) establish a single high standard
of performance for all students;
(ii) take into account the progress
of students from every local
educational agency and school in the
State;
(iii) are based primarily on the
State's challenging content and student
performance standards and assessments
described under paragraph (5);
(iv) include specific annual
improvement goals in each subject and
grade included in the State assessment
system, which shall include, at a
minimum, reading or language arts and
mathematics;
(v) compares the proportions of
students at levels of performance (as
defined by the State) with the
proportions of students at the levels
in the same grade in the previous
school year;
(vi) includes annual numerical goals
for improving the performance of each
group specified in paragraph (5)(C) and
narrowing gaps in performance between
the highest and lowest performing
students in accordance with section
6810(b); and
(vii) requires all students in the
State to make substantial gains in
achievement.
(B) Additional indicators of performance.--A
State may identify in the performance agreement
any additional indicators of performance such
as graduation, dropout, or attendance rates.
(C) Consistency of performance measures.--A
State shall maintain, at a minimum, the same
level of challenging State student performance
standards and assessments throughout the term
of the performance agreement.
(7) Fiscal responsibilities.--An assurance that the
State will use fiscal control and fund accounting
procedures that will ensure proper disbursement of, and
accounting for, Federal funds paid to the State under
this part.
(8) Civil rights.--An assurance that the State will
meet the requirements of applicable Federal civil
rights laws.
(9) Private school participation.--
(A) Equitable participation.--An assurance
that the State will provide for the equitable
participation of students and professional
staff in private schools.
(B) Application of bypass.--An assurance that
sections 10104, 10105, and 10106 shall apply to
all services and assistance provided under this
part in the same manner as such sections apply
to services and assistance provided in
accordance with section 10103 of such Act.
(10) State financial participation.--An assurance
that the State will not reduce the level of spending of
State funds for elementary and secondary education
during the term of the performance agreement.
(11) Annual reports.--An assurance that not later
than 1 year after the execution of the performance
agreement, and annually thereafter, each State shall
disseminate widely to parents and the general public,
submit to the Secretary, distribute to print and
broadcast media, and post on the Internet, a report
that includes--
(A) student academic performance data,
disaggregated as provided in paragraph (5)(C);
and
(B) a detailed description of how the State
has used Federal funds to improve student
academic performance and reduce achievement
gaps to meet the terms of the performance
agreement.
(e) Special Rules.--If a State does not include part A of
title I in its performance agreement, the State shall--
(1) certify that the State developed a system to
measure the academic performance of all students; and
(2) establish challenging academic performance goals
for such other programs in accordance with paragraph
(6)(A) of subsection (d), except that clause (vi) of
such paragraph shall not apply to such performance
agreement.
(f) Amendment to Performance Agreement.--A State may submit
an amendment to the performance agreement to the Secretary
under the following circumstances:
(1) Reduce scope of performance agreement.--Not later
than 1 year after the execution of the performance
agreement, a State may amend the performance agreement
through a request to withdraw a program from such
agreement. If the Secretary approves the amendment, the
requirements of existing law shall apply for any
program withdrawn from the performance agreement.
(2) Expand scope of performance agreement.--Not later
than 1 year after the execution of the performance
agreement, a State may amend its performance agreement
to include additional programs and performance
indicators for which the State will be held
accountable.
(3) Approval of amendment.--An amendment submitted to
the Secretary under this subsection shall be considered
as approved by the Secretary within 60 days after
receipt of the amendment unless the Secretary provides
a written determination to the State that the
performance agreement if amended by the amendment will
fail to satisfy the requirements of this part, before
the expiration of the 60-day period.
(g) Dual Participation Prohibited.--A State or local
educational agency shall not enter into an agreement under both
this part and part G. A local educational agency shall not
enter into an agreement under this part or part G if the State
in which the local educational agency is located has entered
into an agreement under part G or this part, respectively.
SEC. 6804. ELIGIBLE PROGRAMS.
(a) Eligible Programs.--The provisions of law referred to in
section 6803(a) except as otherwise provided in subsection (b),
are as follows:
(1) Part A of title I.
(2) Part B of title I.
(3) Part C of title I.
(4) Subparts 1, 2, and 3 of part A of title II.
(5) Part B of title III.
(6) Section 5132.
(7) Title VI.
(8) Part C of title VII.
(9) Section 307 of the Department of Education
Appropriation Act of 1999.
(10) Comprehensive school reform programs as
authorized under section 1502 and described on pages
96-99 of the Joint Explanatory Statement of the
Committee of Conference included in House Report 105-
390 (Conference Report on the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1998).
(11) Sections 115 and 116, and parts B and C of title
I of the Carl D. Perkins Vocational Technical Education
Act.
(12) Subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act.
(b) Allocations to States.--A State may choose to consolidate
funds from any or all of the programs described in subsection
(a) without regard to the program requirements of the
provisions referred to in such subsection, except that the
proportion of funds made available for national programs and
allocations to each State for State and local use, under such
provisions, shall remain in effect unless otherwise provided.
(c) Uses of Funds.--Funds made available under this part to a
State shall be used for any elementary and secondary
educational purposes permitted by State law of the
participating State.
SEC. 6805. WITHIN-STATE DISTRIBUTION OF FUNDS.
(a) In General.--The distribution of funds from programs
included in a performance agreement from a State to a local
educational agency within the State shall be determined by the
Governor of the State and the State legislature. In a State in
which the constitution or State law designates another
individual, entity, or agency to be responsible for education,
the allocation of funds from programs included in the
performance agreement from a State to a local educational
agency within the State shall be determined by that individual,
entity, or agency, in consultation with the Governor and State
Legislature. Nothing in this section shall be construed to
supersede or modify any provision of a State constitution or
State law.
(b) Local Input.--States shall provide parents, teachers, and
local schools and school districts notice and opportunity to
comment on the proposed allocation of funds as provided under
general State law notice and comment provisions.
(c) Local Hold Harmless of Part A Title 1 Funds.--
(1) In general.--In the case of a State that includes
part A of title I in the performance agreement, the
agreement shall provide an assurance that each local
educational agency shall receive under the performance
agreement an amount equal to or greater than the amount
such agency received under part A of title I in the
fiscal year preceding the fiscal year in which the
performance agreement is executed.
(2) Proportionate reduction.--If the amount made
available to the State from the Secretary for a fiscal
year is insufficient to pay to each local educational
agency the amount made available under part A of title
I to such agency for the preceding fiscal year, the
State shall reduce the amount each local educational
agency receives by a uniform percentage.
SEC. 6806. LOCAL PARTICIPATION.
(a) Nonparticipating State.--
(1) In general.--If a State chooses not to submit a
performance agreement under this part, any local
educational agency in such State is eligible, at the
local educational agency's option, to submit to the
Secretary a performance agreement in accordance with
this section.
(2) Agreement.--The terms of a performance agreement
between an eligible local educational agency and the
Secretary shall specify the programs to be included in
the performance agreement, as agreed upon by the State
and the agency, from the list under section 6804(a).
(b) State Approval.--When submitting a performance agreement
to the Secretary, an eligible local educational agency
described in subsection (a) shall provide written documentation
from the State in which such agency is located that the State
has no objection to the agency's proposal for a performance
agreement.
(c) Application.--
(1) In general.--Except as provided in this section,
and to the extent applicable, the requirements of this
part shall apply to an eligible local educational
agency that submits a performance agreement in the same
manner as the requirements apply to a State.
(2) Exceptions.--The following provisions shall not
apply to an eligible local educational agency:
(A) Within state distribution formula not
applicable.--The distribution of funds under
section 6805 shall not apply.
(B) State set aside shall not apply.--The
State set aside for administrative funds under
section 6807 shall not apply.
SEC. 6807. LIMITATIONS ON STATE AND LOCAL EDUCATIONAL AGENCY
ADMINISTRATIVE EXPENDITURES.
(a) In General.--Except as otherwise provided under
subsection (b), a State that includes part A of title I in the
performance agreement may use not more than 1 percent of such
total amount of funds allocated to such State under the
programs included in the performance agreement for
administrative purposes.
(b) Exception.--A State that does not include part A of title
I in the performance agreement may use not more than 3 percent
of the total amount of funds allocated to such State under the
programs included in the performance agreement for
administrative purposes.
(c) Local Educational Agency.--A local educational agency
participating in this part under a performance agreement under
section 6806 may not use for administrative purposes more than
4 percent of the total amount of funds allocated to such agency
under the programs included in the performance agreement.
SEC. 6808. PERFORMANCE REVIEW AND PENALTIES.
(a) Mid-Term Performance Review.--If, during the 5-year term
of the performance agreement, student achievement significantly
declines for three consecutive years in the academic
performance categories established in the performance
agreement, the Secretary may, afternotice and opportunity for a
hearing, terminate the agreement.
(b) Failure To Meet Terms.--If at the end of the 5-year term
of the performance agreement a State has not substantially met
the performance goals submitted in the performance agreement,
the Secretary shall, after notice and an opportunity for a
hearing, terminate the performance agreement and the State
shall be required to comply with the program requirements, in
effect at the time of termination, for each program included in
the performance agreement.
(c) Penalty for Failure To Improve Student Performance.--If a
State has made no progress toward achieving its performance
goals by the end of the term of the agreement, the Secretary
may reduce funds for State administrative costs for each
program included in the performance agreement by not more than
50 percent for each year of the 2-year period following the end
of the term of the performance agreement.
SEC. 6809. RENEWAL OF PERFORMANCE AGREEMENT.
(a) Notification.--A State that wishes to renew its
performance agreement shall notify the Secretary of its renewal
request not less than 6 months prior to the end of the term of
the performance agreement.
(b) Renewal Requirements.--A State that has met or has
substantially met its performance goals submitted in the
performance agreement at the end of the 5-year term may reapply
to the Secretary to renew its performance agreement for an
additional 5-year period. Upon the completion of the 5-year
term of the performance agreement or as soon thereafter as the
State submits data required under the agreement, the Secretary
shall renew, for an additional 5-year term, the performance
agreement of any State that has met or has substantially met
its performance goals.
SEC. 6810. ACHIEVEMENT GAP REDUCTION REWARDS.
(a) Closing the Gap Reward Fund.--
(1) In general.--To reward States that make
significant progress in eliminating achievement gaps by
raising the achievement levels of the lowest performing
students, the Secretary shall set aside sufficient
funds from the Fund for the Improvement of Education
under part G of title V to grant a reward to States
that meet the conditions set forth in subsection (b) by
the end of their 5-year performance agreement.
(2) Reward amount.--The amount of the reward referred
to in paragraph (1) shall be not less than 5 percent of
funds allocated to the State during the first year of
the performance agreement for programs included in the
agreement.
(b) Conditions of Performance Reward.--Subject to paragraph
(3), a State is eligible to receive a reward under this section
as follows:
(1) A State is eligible for such an award if the
State reduces by not less than 25 percent, over the 5-
year term of the performance agreement, the difference
between the percentage of highest and lowest performing
groups of students described in section 6803(d)(5)(C)
that meet the State's proficient level of performance.
(2) A State is eligible for such an award if a State
increases the proportion of two or more groups of
students under section 6803(d)(5)(C) that meet State
proficiency standards by 25 percent.
(3) A State shall receive such an award if the
following requirements are met:
(A) Content areas.--The reduction in the
achievement gap or improvement in achievement
shall include not less than two content areas,
one of which shall be mathematics or reading.
(B) Grades tested.--The reduction in the
achievement gap or improvement in achievement
shall occur in at least two grade levels.
(c) Rule of Construction.--Student achievement gaps shall not
be considered to have been reduced in circumstances where the
average academic performance of the highest performing quintile
of students has decreased.
SEC. 6811. STRAIGHT A'S PERFORMANCE REPORT.
The Secretary shall make the annual State reports described
in section 6803(d)(11) available to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate not later than 60 days after the Secretary receives the
report.
SEC. 6812. APPLICABILITY OF TITLE X.
To the extent that provisions of title X are inconsistent
with this part, this part shall be construed as superseding
such provisions.
SEC. 6813. APPLICABILITY OF GENERAL EDUCATION PROVISIONS ACT.
To the extent that the provisions of the General Education
Provisions Act are inconsistent with this part, this part shall
be construed as superseding such provisions, except where
relating to civil rights, withholding of funds and enforcement
authority, and family educational and privacy rights.
SEC. 6814. APPLICABILITY TO HOME SCHOOLS.
Nothing in this part shall be construed to affect home
schools whether or not a home school is treated as a private
school or home school under State law.
SEC. 6815. GENERAL PROVISIONS REGARDING NONRECIPIENT, NONPUBLIC
SCHOOLS.
Nothing in this part shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
any private, religious, or home school, whether or not a home
school is treated as a private school or home school under
State law.
SEC. 6816. DEFINITIONS.
For the purpose of this part:
(1) All students.--The term ``all students'' means
all students attending public schools or charter
schools that are participating in the State's
accountability and assessment system.
(2) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and
American Samoa.
SEC. 6817. EFFECTIVE DATE.
This part shall take effect with respect to funds
appropriated for the fiscal year beginning October 1, 2000.
TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
PART A--BILINGUAL EDUCATION
SEC. 7101. [20 U.S.C. 7401] SHORT TITLE.
This part may be cited as the ``Bilingual Education Act''.
[SEC. 7102. [20 U.S.C. 7402] FINDINGS, POLICY, AND PURPOSE.]
SEC. 7102. PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) language-minority Americans speak virtually all
world languages plus many that are indigenous to the
United States;
[(2) there are large and growing numbers of children
and youth of limited-English proficiency, many of whom
have a cultural heritage that differs from that of
their English-proficient peers;
[(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
[(4) many language-minority Americans are limited in
their English proficiency, and many have limited
education and income;
[(5) limited English proficient children and youth
face a number of challenges in receiving an education
that will enable such children and youth to participate
fully in American society, including--
[(A) segregated education programs;
[(B) disproportionate and improper placement
in special education and other special programs
due to the use of inappropriate evaluation
procedures;
[(C) the limited-English proficiency of their
own parents, which hinders the parents' ability
to fully participate in the education of their
children; and
[(D) a shortage of teachers and other staff
who are professionally trained and qualified to
serve such children and youth;
[(6) Native Americans and Native American languages
(as such terms are defined in section 103 of the Native
American Languages Act), including native residents of
the outlying areas, have a unique status under Federal
law that requires special policies within the broad
purposes of this Act to serve the education needs of
language minority students in the United States;
[(7) institutions of higher education can assist in
preparing teachers, administrators and other school
personnel to understand and build upon the educational
strengths and needs of language-minority and culturally
diverse student enrollments;
[(8) it is the purpose of this title to help ensure
that limited English proficient students master English
and develop high levels of academic attainment in
content areas;
[(9) quality bilingual education programs enable
children and youth to learn English and meet high
academic standards including proficiency in more than
one language;
[(10) as the world becomes increasingly
interdependent and as international communication
becomes a daily occurrence in government, business,
commerce, and family life, multilingual skills
constitute an important national resource which
deserves protection and development;
[(11) educational technology has the potential for
improving the education of language-minority and
limited English proficient students and their families,
and the Federal Government should foster this
development;
[(12) parent and community participation in bilingual
education programs contributes to program
effectiveness;
[(13) research, evaluation, and data-collection
capabilities in the field of bilingual education need
to be strengthened so that educators and other staff
can better identify and promote those programs, program
implementation strategies, and instructional practices
that result in effective education of limited English
proficient children;
[(14) the use of a child or youth's native language
and culture in classroom instruction can--
[(A) promote self-esteem and contribute to
academic achievement and learning English by
limited English proficient children and youth;
[(B) benefit English-proficient children and
youth who also participate in such programs;
and
[(C) develop our Nation's national language
resources, thus promoting our Nation's
competitiveness in the global economy;
[(15) the Federal Government, as exemplified by title
VI of the Civil Rights Act of 1964 and section 204(f)
of the Equal Education Opportunities Act of 1974, has a
special and continuing obligation to ensure that States
and local school districts take appropriate action to
provide equal educational opportunities to children and
youth of limited English proficiency; and
[(16) the Federal Government also, as exemplified by
the Federal Government's efforts under this title, has
a special and continuing obligation to assist States
and local school districts in developing the capacity
to provide programs of instruction that offer limited
English proficient children and youth an equal
educational opportunity.
[(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education and community-based
organizations to build their capacity to establish, implement,
and sustain programs of instruction for children and youth of
limited English proficiency.]
[(c) Purpose.--The] The purpose of this part is [to educate
limited English proficient children and youth to] help ensure
that limited English proficient students master English and
meet the same rigorous standards for academic performance
expected of all children and youth, including meeting
challenging State content standards and challenging State
student performance standards in academic areas by--
[(1) developing systemic improvement and reform of
educational programs serving limited English proficient
students through the development and implementation of
exemplary bilingual education programs and special
alternative instruction programs;]
``(1) promoting systemic improvement and reform of,
and developing accountability systems for, educational
programs serving limited English proficient students;]
(2) fully developing bilingual skills and
multicultural understanding;]
* * * * * * *
SEC. 7103. [20 U.S.C. 7403] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this part,
there are authorized to be appropriated [$215,000,000 for the
fiscal year 1995] $300,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the four succeeding fiscal
years.
* * * * * * *
Subpart 1--Bilingual Education Capacity and Demonstration Grants
SEC. 7111. [20 U.S.C. 7421] FINANCIAL ASSISTANCE FOR BILINGUAL
EDUCATION.
The purpose of this subpart is to assist local education
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections
[7112, 7113, 7114, and 7115] 7113 and 7114 to--
* * * * * * *
[SEC. 7112. [20 U.S.C. 7422] PROGRAM DEVELOPMENT AND IMPLEMENTATION
GRANTS.
[(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited English proficient students, including
programs of early childhood education, kindergarten through
twelfth grade education, gifted and talented education, and
vocational and applied technology education.
[(b) Program Authorized.--
[(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraph (2).
[(B) Each grant under this section shall be awarded
for a period of three years.
[(2) Authorized activities.--(A) Grants awarded under
this section shall be used to improve the education of
limited English proficient students and their families
by--
[(i) developing and implementing
comprehensive preschool, elementary, or
secondary bilingual education or special
alternative instructional programs that are
coordinated with other relevant programs and
services to meet the full range of educational
needs of limited English proficient students;
and
[(ii) providing inservice training to
classroom teachers, administrators, and other
school or community-based organizational
personnel to improve the instruction and
assessment of language-minority and limited
English proficient students.
[(B) Grants under this section may be used to improve
the education of limited English proficient students
and their families by--
[(i) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
[(ii) improving the instructional program for
limited English proficient students by
identifying, acquiring, and upgrading
curriculum, instructional materials,
educational software and assessment procedures
and, if appropriate, applying educational
technology;
[(iii) compensating personnel, including
teacher aides who have been specifically
trained, or are being trained, to provide
services to children and youth of limited
English proficiency;
[(iv) providing tutorials and academic or
career counseling for children and youth of
limited-English proficiency; and
[(v) providing such other activities, related
to the purposes of this part, as the Secretary
may approve.
[(c) Eligible Entity.--For the purpose of this section the
term ``eligible entity'' means--
[(1) one or more local educational agencies;
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization or local or State
educational agency; or
[(3) a community-based organization or an institution
of higher education which has an application approved
by the local educational agency to develop and
implement early childhood education or family education
programs or to conduct an instructional program which
supplements the educational services provided by a
local educational agency.
[(d) Due Consideraton.--In awarding grants under this
section, the Secretary shall give due consideration to the need
for early childhood education, elementary education, and
secondary education programs.]
SEC. 7113. [20 U.S.C. 7423] PROGRAM ENHANCEMENT PROJECTS.
[(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to expand
or enhance existing bilingual education or special alternative
instructional programs for limited English proficient
students.]
(a) Purpose.--The purpose of this section is to--
(1) provide grants to eligible entities to provide
innovative, locally designed, high quality instruction
to children and youth of limited English proficiency;
(2) help children and youth develop proficiency in
the English language by expanding or strengthening
instructional programs; and
(3) help children and youth attain the standards
established under section 1111(b).
(b) Program Authorized.--
(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraph (2).
(B) Each grant under this section shall be awarded
for a period of [two] 3 years.
[(2) Authorized activities.--(A) Grants under this
section shall be used for providing inservice training
to classroom teachers, administrators, and other school
or community-based organization personnel to improve
the instruction and assessment of language-minority and
limited English proficient students.
[(B) Grants under this section may be used for--
[(i) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
[(ii) improving the instructional program for
limited English proficient students by
identifying, acquiring, and upgrading
curriculum, instructional materials,
educational software and assessment procedures
and, if appropriate, applying educational
technology;
[(iii) compensating personnel, including
teacher aides who have been specifically
trained, or are being trained, to provide
services to children and youth of limited-
English proficiency;
[(iv) providing tutorials and academic or
career counseling for children and youth of
limited-English proficiency;
[(v) providing intensified instruction; and
[(vi) providing such other activities,
related to the purposes of this part, as the
Secretary may approve.]
(2) Authorized activities.--(A) Grants awarded under
this section shall be used for--
(i) developing, implementing, expanding, or
enhancing comprehensive preschool, elementary,
or secondary education programs for limited
English proficient children and youth, that
are--
(I) aligned with State and local
content and student performance
standards, and local school reform
efforts; and
(II) coordinated with related
services for children and youth;
(ii) providing high quality professional
development to classroom teachers,
administrators, and other school or community-
based organization personnel to improve the
instruction and assessment of limited English
proficient students; and
(iii) annually assessing the English
proficiency of all limited English proficient
students served by activities carried out under
this section.
(B) Grants awarded under this section may be used for--
(i) implementing programs to upgrade the
reading and other academic skills of limited
English proficient students;
(ii) developing accountability systems to
monitor the academic progress of limited
English proficient and formerly limited English
proficient students;
(iii) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
(iv) improving the instructional programs for
limited English proficient students by
identifying, acquiring, and applying effective
curricula, instructional materials (including
materials provided through technology), and
assessments that are all aligned with State and
local standards;
(v) providing intensified instruction,
including tutorials and academic or career
counseling, for children and youth who are
limited English proficient;
(vi) adapting best practice models for
meeting the needs of limited English proficient
students;
(vii) assisting limited English proficient
students with disabilities;
(viii) implementing applied learning
activities such as service learning to enhance
and support comprehensive elementary and
secondary bilingual education programs; and
(ix) carrying out such other activities,
consistent with the purpose of this part, as
the Secretary may approve.
* * * * * * *
(d) Priority.--In awarding grants under this section, the
Secretary may give priority to an entity that--
(1) serves a school district--
(A) that has a total district enrollment that
is less than 10,000 students; or
(B) with a large percentage or number of
limited English proficient students; and
(2) has limited or no experience in serving limited
English proficient students.
[SEC. 7114. [20 U.S.C. 7424] COMPREHENSIVE SCHOOL GRANTS.
[(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible entities to implement
schoolwide bilingual education programs or special alternative
instruction programs for reforming, restructuring, and
upgrading all relevant programs and operations, within an
individual school, that serve all (or virtually all) children
and youth of limited-English proficiency in schools with
significant concentrations of such children and youth.
[(b) Program Authorized.--
[(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraph (3).
[(B) Each grant under this section shall be awarded
for five years.
[(2) Termination.--The Secretary shall terminate
grants to eligible entities under this section if the
Secretary determines that--
[(A) the program evaluation required by
section 7123 indicates that students in the
schoolwide program are not being taught to and
are not making adequate progress toward
achieving challenging State content standards
and challenging State student performance
standards; or
[(B) in the case of a program to promote dual
language facility, such program is not
promoting such facility.
[(3) Authorized activities.--Grants under this
section may be used to improve the education of limited
English proficient students and their families by--
[(A) implementing family education programs
and parent outreach and training activities
designed to assist parents to become active
participants in the education of their
children;
[(B) improving the instructional program for
limited English proficient students by
identifying, acquiring and upgrading
curriculum, instructional materials,
educational software and assessment procedures
and, if appropriate, applying educational
technology;
[(C) compensating personnel, including
teacher aides who have been specifically
trained, or are being trained, to provide
services to children and youth of limited
English proficiency;
[(D) providing tutorials and academic or
career counseling for children and youth of
limited-English proficiency;
[(E) providing intensified instruction; and
[(F) providing such other activities, related
to the purposes of this part, as the Secretary
may approve.
[(4) Special rule.--A grant recipient, before carry
out a program assisted under this section, shall plan,
train personnel, develop curriculum, and acquire or
develop materials.
[(c) Eligible Entities.--For the purpose of this section
the term ``eligible entity'' means--
[(1) one or more local education agencies; or
[(2) one or more local education agencies in
collaboration with an institution of higher education,
community-based organizations or a local or State
education agency.]
SEC. 7114. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT GRANTS.
(a) Purposes.--The purposes of this section are--
(1) to provide financial assistance to schools and
local educational agencies for implementing bilingual
education programs, in coordination with programs
carried out under title I, for children and youth of
limited English proficiency;
(2) to assist limited English proficient students to
meet the standards established under section 1111(b);
and
(3) to improve, reform, and upgrade relevant
instructional programs and operations, in schools and
local educational agencies, that serve significant
percentages of students with limited English
proficiency or significant numbers of such students.
(b) Authorized Activities.--
(1) Authority.--The Secretary may award grants to
eligible entities having applications approved under
section 7116 to enable such entities to carry out
activities described in paragraphs (2) and (3).
(2) Mandatory activities.--Grants awarded under this
section shall be used for--
(A) improving instructional programs for
limited English proficient students by
acquiring and upgrading curriculum and related
instructional materials;
(B) aligning the activities carried out under
this section with State and local school reform
efforts;
(C) providing training, aligned with State
and local standards, to school personnel and
participating community-based organization
personnel to improve the instruction and
assessment of limited English proficient
students;
(D) developing and implementing plans,
coordinated with plans for programs carried out
under title II of the Higher Education Act of
1965 (where applicable), and title II of this
Act (where applicable), to recruit teachers
trained to serve limited English proficient
students;
(E) implementing culturally and
linguistically appropriate family education
programs, or parent outreach and training
activities, that are designed to assist parents
to become active participants in the education
of their children;
(F) coordinating the activities carried out
under this section with other programs, such as
programs carried out under title I;
(G) providing services to meet the full range
of the education needs of limited English
proficient students;
(H) annually assessing the English
proficiency of all limited English proficient
students served by the activities carried out
under this section; and
(I) developing or improving accountability
systems to monitor the academic progress of
limited English proficient students.
(3) Permissible activities.--Grants awarded under
this section may be used for--
(A) implementing programs to upgrade reading
and other academic skills of limited English
proficient students;
(B) developing and using educational
technology to improve learning, assessments,
and accountability to meet the needs of limited
English proficient students;
(C) implementing research-based programs to
meet the needs of limited English proficient
students;
(D) providing tutorials and academic or
career counseling for limited English
proficient children and youth;
(E) developing and implementing State and
local content and student performance standards
for learning English as a second language, as
well as for learning other languages;
(F) developing and implementing programs for
limited English proficient students to meet the
needs of changing populations of such students;
(G) implementing policies to ensure that
limited English proficient students have access
to other education programs (other than
programs designed to address limited English
proficiency), such as gifted and talented,
vocational education, and special education
programs;
(H) implementing programs to meet the needs
of limited English proficient students with
disabilities;
(I) developing and implementing programs to
help all students become proficient in more
than 1 language; and
(J) providing such other activities related
to the purpose of this part as the Secretary
may approve.
(4) Special rule.--A recipient of a grant under this
section, before carrying out activities under this
section, shall plan, train personnel, develop
curricula, and acquire or develop materials, but shall
not use funds made available under this section for
planning purposes for more than 90 days. The recipient
shall commence carrying out activities under this
section not later than 90 days after the date of
receipt of the grant.
(c) Availability of Appropriations.--
(1) Reservation of funds for continued payments.--
(A) Covered grant.--In this paragraph, the
term `covered grant' means a grant--
(i) that was awarded under this
section, or section 7115, prior to the
date of enactment of the Educational
Opportunities Act; and
(ii) for which the grant period has
not ended.
(B) Reservation.--For any fiscal year that is
part of the grant period of a covered grant,
the Secretary shall reserve funds for the
payments described in subparagraph (C) from the
amount appropriated for the fiscal year under
section 7103 and made available for carrying
out this section.
(C) Payments.--The Secretary shall continue
to make grant payments to each entity that
received a covered grant, for the duration of
the grant period of the grant, to carry out
activities in accordance with the appropriate
section described in subparagraph (A)(i).
(2) Availability.--Of the amount appropriated for a
fiscal year under section 7103 that is made available
for carrying out this section, and that remains after
the Secretary reserves funds for payments under
paragraph (1)--
(A) not less than \1/3\ of the remainder
shall be used to award grants for activities
carried out within an entire school district;
and
(B) not less than \2/3\ of the remainder
shall be used to award grants for activities
carried out within individual schools.
(d) Eligible Entities.--In this section, the term
``eligible entity'' means--
(1) 1 or more local educational agencies; or
(2) 1 or more local educational agencies, in
collaboration with an institution of higher education,
community-based organization, local educational agency,
or State educational agency.
[SEC. 7115. [20 U.S.C. 7425] SYSTEMWIDE IMPROVEMENT GRANTS.
[(a) Purpose.--The purpose of this section is to implement
districtwide bilingual education programs or special
alternative instruction programs to improve, reform, and
upgrade relevant programs and operations, within an entire
local educational agency, that serve a significant number of
children and youth of limited English proficiency in local
educational agencies with significant concentrations of such
children and youth.
[(b) Program Authorized.--
[(1) Authority.--(A) The Secretary is authorized to
award grants to eligible entities having applications
approved under section 7116 to enable such entities to
carry out activities described in paragraphs (3) and
(4).
[(B) Each grant under this section shall be awarded
for 5 years.
[(2) Termination.--The Secretary shall terminate
grants to eligible entities under this section if the
Secretary determines that--
[(A) the program evaluation required by
section 7123 indicates that students in the
program are not being taught to and are not
making adequate progress toward achieving
challenging State content standards and
challenging State student performance
standards; or
[(B) in the case of a program to promote dual
language facility, such program is not
promoting such facility.
[(3) Preparation.--Grants under this section may be
used during the first 12 months exclusively for
activities preparatory to the delivery of services.
[(4) Uses.--Grants under this section may be used to
improve the education of limited English proficient
students and their families by reviewing,
restructuring, and upgrading--
[(A) educational goals, curriculum guidelines
and content, standards and assessments;
[(B) personnel policies and practices
including recruitment, certification, staff
development, and assignment;
[(C) student grade-promotion and graduation
requirements;
[(D) student assignment policies and
practices;
[(E) family education programs and parent
outreach and training activities designed to
assist parents to become active participants in
the education of their children;
[(F) the instructional program for limited
English proficient students by identifying,
acquiring and upgrading curriculum,
instructional materials, educational software
and assessment procedures and, if appropriate,
applying educational technology;
[(G) tutorials and academic or career
counseling for children and youth of limited-
English proficiency; and
[(H) such other activities, related to the
purposes of this part, as the Secretary may
approve.
[(c) Eligible Entities.--For the purpose of this section
the term ``eligible entity'' means--
[(1) one or more local educational agencies; or
[(2) one or more local educational agencies in
collaboration with an institution of higher education
community-based organizations or a local or State
educational agency.]
SEC. 7116. [20 U.S.C. 7426] APPLICATIONS.
(a) In General.--
(1) Secretary.--* * *
* * * * * * *
(b) State Review and Comments.--
(1) Deadline.--The State educational agency, not
later than 45 days after receipt of an application
under this section shall review the application and
transmit [such] the written comments of the agency on
the application to the Secretary.
* * * * * * *
(B) For purposes of this subpart, such
comments shall address [how the eligible
entity]--
[(i) will further the academic
achievement of limited English
proficient students served pursuant to
a grant received under this subpart;
and]
(i) how the activities to be carried
out under the grant will further the
academic achievement and English
proficiency of limited English
proficient students served under the
grant; and
[(ii) how the grant application is
consistent with the State plan
submitted under section 1111.]
(ii) how the grant application is
consistent with the State plan required
under section 1111.
* * * * * * *
[(f) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed program.]
(f) Required Documentation.--Such application shall include
documentation that--
(1) the applicant has the qualified personnel
required to develop, administer, and implement the
program proposed in the application; and
(2) the leadership personnel of each school
participating in the program have been involved in the
development and planning of the program in the school.
(g) Contents.--
(1) In general.--An application for a grant under
this subpart shall contain the following:
(A) A description of the need for the
proposed program, [including data] including--
(i) data on the number of limited
English proficient students in the
school or school district to be served;
(ii) the characteristics of such
students, including--
(I) the native languages of
the students;
(II) the proficiency of the
students in English and their
native language;
(III) achievement data
(current as of the date of
submission of the application)
for the limited English
proficient students in--
(aa) reading or
language arts (in
English and in the
native language, if
applicable); and
(bb) mathematics;
(IV) a comparison of that
data for the students with the
data for the English proficient
peers of the students; and
(V) the previous schooling
experiences of the students;
(iii) the professional development
needs of the instructional personnel
who will provide services for the
limited English proficient students
under the proposed program; and
(iv) how the services provided
through the grant would supplement the
basic services provided to limited
English proficient students on the
number of children and youth of
limited-English proficiency in the
school or school district to be served
and the characteristics of such
children and youth, such as language
spoken, dropout rates, proficiency in
English and the native language,
academic standing in relation to the
English-proficient peers of such
children and youth, and, where
applicable, the recency of immigration.
(B) A description of the program to be
implemented and how such programs' design--
(i) * * *
* * * * * * *
(ii) will ensure that the services
provided through the program will
supplement the basic services the
applicant provides to limited English
proficient students;
[(ii)] (iii) is coordinated with
other programs under this Act[, the
Goals 2000: Educate America Act] and
other Acts, as appropriate, in
accordance with section [14306] 6506;
[(iii)] (iv) involve the parents of
the children and youth of limited-
English proficiency to be served;
[(iv)] (v) ensures accountability in
achieving high academic standards; and
[(v)] (vi) promotes coordination of
services for the children and youth of
limited-English proficiency to be
served and their families.
* * * * * * *
(E) An assurance that the applicant will
employ teachers in the proposed [program that,
individually or in combination, are proficient
in English, including written, as well as oral,
communication skills.] program who,
individually or in combination, are proficient
in--
(i) English, including written, as
well as oral, communication skills; and
(ii) the native language of the
majority of the students that the
teachers teach, if instruction in the
program is in the native language as
well as English.
(F) A budget for grant funds.
(2) Additional information.--Each application for a
grant under section 7114 [or 7115] shall--
(A) describe--
* * * * * * *
(i) Priorities and Special Rules.--
[(1) Priority.--The Secretary shall give priority to
applications which provide for the development of bilingual
proficiency both in English and another language for all
participating students.]
(1) Priority.--In approving applications for grants
for programs under this subpart, the Secretary shall
give priority to an applicant who--
(A) experiences a dramatic increase in the
number or percentage of limited English
proficient students enrolled in the applicant's
programs and has limited or no experience in
serving limited English proficient students;
(B) is a local educational agency that serves
a school district that has a total district
enrollment that is less than 10,000 students;
(C) demonstrates that the applicant has a
proven record of success in helping limited
English proficient children and youth learn
English and meet high academic standards;
(D) proposes programs that provide for the
development of bilingual proficiency both in
English and another language for all
participating students; or
(E) serves a school district with a large
percentage or number of limited English
proficient students.
[(2) Special alternative instructional program.--
Grants for special alternative instructional programs
under this subpart shall not exceed 25 percent of the
funds provided for any type of grant under any section,
or of the total funds provided under this subpart for
any fiscal year.
[(3) Special rule.--Notwithstanding paragraph (2),
the Secretary may award grants under this subpart for
special alternative instructional programs if an
applicant has demonstrated that the applicant cannot
develop and implement a bilingual education program for
the following reasons:
[(A) Where the diversity of the limited
English proficient students' native languages
and the small number of students speaking each
respective language makes bilingual education
impractical.
[(B) Where, despite documented efforts, the
applicant has not been able to hire qualified
instructional personnel who are able to
communicate in the students' native language.]
[(4)] (2) Consideration.--In approving applications
under this subpart, the Secretary shall give
consideration to the degree to which the program for
which assistance is sought involves the collaborative
efforts of institutions of higher education, community-
based organizations, the appropriate local and State
educational agency, or businesses.
[(5)] (3) Due consideration.--The Secretary shall
give due consideration to applications providing
training for personnel participating in or preparing to
participate in the program which will assist such
personnel in meeting state and local certification
requirements and that, to the extent possible, describe
how college or university credit will be awarded for
such training.
[SEC. 7117. [20 U.S.C. 7427] INTENSIFIED INSTRUCTION.
[In carrying out this subpart, each grant recipient may
intensify instruction for limited English proficient students
by--
[(1) expanding the educational calendar of the school
in which such student is enrolled to include programs
before and after school and during the summer months;
[(2) expanding the use of professional and volunteer
aids;
[(3) applying technology to the course of
instruction; and
[(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities,
during times when school is not routinely in session.]
* * * * * * *
[SEC. 7119. [20 U.S.C. 7429] SUBGRANTS.
[A local educational agency that receives a grant under
this subpart may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a nonprofit organization, or a consortium of
such entities to carry out an approved program, including a
program to serve out-of-school youth.
[SEC. 7120. [20 U.S.C. 7430] PRIORITY ON FUNDING.
[The Secretary shall give priority to applications under
this subpart that describe a program that--
[(1) enrolls a large percentage or large number of
limited English proficient students;
[(2) takes into account significant increases in
limited English proficient children and youth,
including such children and youth in areas with low
concentrations of such children and youth; and
[(3) ensures that activities assisted under this
subpart address the needs of school systems of all
sizes and geographic areas, including rural and urban
schools.
[SEC. 7121. [20 U.S.C. 7431] COORDINATION WITH OTHER PROGRAMS.
[In order to secure the most flexible and efficient use of
Federal funds, any State receiving funds under this subpart
shall coordinate its program with other programs under this
Act, the Goals 2000: Educate America Act, and other Acts, as
appropriate, in accordance with section 14306.
* * * * * * *
[SEC. 7123. [20 U.S.C. 7433] EVALUATIONS.
[(a) Evaluation.--Each recipient of funds under this
subpart shall provide the Secretary with an evaluation, in the
form prescribed by the Secretary, of such recipient's program
every two years.
[(b) Use of Evaluation.--Such evaluation shall be used by a
grant recipient--
[(1) for program improvement;
[(2) to further define the program's goals and
objectives; and
[(3) to determine program effectiveness.
[(c) Evaluation Components.--Evaluations shall include--
[(1) how students are achieving the State student
performance standards, if any, including data comparing
children and youth of limited-English proficiency with
nonlimited English proficient children and youth with
regard to school retention, academic achievement, and
gains in English (and, where applicable, native
language) proficiency;
[(2) program implementation indicators that provide
information for informing and improving program
management and effectiveness, including data on
appropriateness of curriculum in relationship to grade
and course requirements, appropriateness of program
management, appropriateness of the program's staff
professional development, and appropriateness of the
language of instruction;
[(3) program context indicators that describe the
relationship of the activities founded under the grant
to the overall school program and other Federal, State,
or local programs serving children and youth of limited
English proficiency; and
[(4) such other information as the Secretary may
require.]
SEC. 7123. EVALUATIONS.
(a) Evaluation.--Each recipient of funds under this subpart
for a program shall annually conduct an evaluation of the
program and submit to the Secretary a report concerning the
evaluation, in the form prescribed by the Secretary.
(b) Use of Evaluation.--Such evaluation shall be used by
the grant recipient--
(1) for program improvement;
(2) to further define the program's goals and
objectives; and
(3) to determine program effectiveness.
(c) Evaluation Report Components.--In preparing the
evaluation reports, the recipient shall--
(1) use the data provided in the application
submitted by the recipient under section 7116 as
baseline data against which to report academic
achievement and gains in English proficiency for
students in the program;
(2) disaggregate the results of the evaluation by
gender, language groups, and whether the students have
disabilities;
(3) include data on the progress of the recipient in
achieving the objectives of the program, including data
demonstrating the extent to which students served by
the program are meeting the State's student performance
standards, and including data comparing limited English
proficient students with English proficient students
with regard to school retention and academic
achievement in--
(A) reading and language arts;
(B) English proficiency;
(C) mathematics, and
(D) the native language of the students if
the program develops native language
proficiency;
(4) include information on the extent that
professional development activities carried out through
the program have resulted in improved classroom
practices and improved student performance;
(5) include a description of how the activities
carried out through the program are coordinated and
integrated with the other Federal, State, or local
programs serving limited English proficient children
and youth; and
(6) include such other information as the Secretary
may require.
* * * * * * *
SEC. 7132. [20 U.S.C. 7452] RESEARCH.
(a) Administration.--* * *
* * * * * * *
(c) Field-Initiated Research.--
(1) In general.--The Secretary shall reserve not less
than 5 percent of the funds made available to carry out
this section for field-initiated research conducted by
current or recent recipients of grants [under subpart 1
or 2] under subpart 1 or 3 or this subpart who have
received such grants within the previous five years.
Such research may provide for longitudinal studies of
students or teachers in bilingual education, monitoring
the education of such students from entry in bilingual
education through secondary school completion.
* * * * * * *
[SEC. 7133. [20 U.S.C. 7453] ACADEMIC EXCELLENCE AWARDS.
[(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with State and local
educational agencies, nonprofit organizations, and institutions
of higher education to promote the adoption and implementation
of bilingual education, special alternative instruction
programs, and professional development programs that
demonstrate promise of assisting children and youth of limited
English proficiency to meet challenging State standards.
[(b) Applications.--
[(1) In general.--Each entity desiring an award under
this section shall submit an application to the
Secretary in such form, at such time, and containing
such information and assurances as the Secretary may
reasonably require.
[(2) Peer review.--The Secretary shall use a peer
review process, using effectiveness criteria that the
Secretary shall establish, to review applications under
this section.
[(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education agencies
to provide high quality academic programs for children and
youth of limited English proficiency, which may include--
[(1) completing the development of such programs;
[(2) professional development of staff participating
in bilingual education programs;
[(3) sharing strategies and materials; and
[(4) supporting professional networks.
[(d) Coordination.--Recipients of funds under this section
shall coordinate the activities assisted under this section
with activities carried out by comprehensive regional
assistance centers assisted under part A of title XIII.]
SEC. 7133. ACADEMIC EXCELLENCE AWARDS.
(a) Authority.--The Secretary may make grants to State
educational agencies to assist the agencies in recognizing
local educational agencies and other public and nonprofit
entities whose programs have--
(1) demonstrated significant progress in assisting
limited English proficient students to learn English
according to age appropriate and developmentally
appropriate standards; and
(2) demonstrated significant progress in assisting
limited English proficient children and youth to meet,
according to age appropriate and developmentally
appropriate standards, the same challenging State
content standards as all children and youth are
expected to meet.
(b) Applications.--A State educational agency desiring a
grant under this section shall include an application for such
grant in the application submitted by the agency under section
7134(e).
SEC. 7134. [U.S.C. 7454] STATE GRANT PROGRAM.
(a) State Grant program.--* * *
* * * * * * *
(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not exceed 5 percent of the
total amount awarded to local educational agencies within the
State under subpart 1 for the previous fiscal year, except that
in no case shall the amount paid by the Secretary to any State
educational agency under this subsection for any fiscal year be
less than [$100,000] $200,000.
(c) Use of Funds.--
(1) In general.--A State educational agency shall use
funds awarded under this section [for programs
authorized by this section] to--
[(A) assist local educational agencies in the
State with program design, capacity building,
assessment of student performance, and program
evaluation; and]
(A) assist local educational agencies in the
State with activities that--
(i) consist of program design,
capacity building, assessment of
student performance, program
evaluation, and development of data
collection and accountability systems
for limited English proficient
students; and
(ii) are aligned with State reform
efforts; and
(B) collect data on the State's limited
English proficient [populations and the
educational programs and services available to
such populations] populations and document the
services available to all such populations.
[(2) Exception.--States which do not, as of the date
of enactment of the Improving America's Schools Act of
1994, have in place a system for collecting the data
described in subparagraph (B) of paragraph (1) for all
students in such State, are not required to meet the
requirement of such subparagraph. In the event such
State develops a system for collecting data on the
educational programs and services available to all
students in the State, then such State shall comply
with the requirement of paragraph (1)(B).]
[(3)] (2) Training.--The State educational agency may
also use funds provided under this section for the
training of State educational agency personnel in
educational issues affecting limited English proficient
children and youth.
[(4)] (3) Special rule.--Recipients of funds under
this section shall not restrict the provision of
services under this section to federally funded
programs.
* * * * * * *
SEC. 7135. [20 U.S.C. 7455] NATIONAL CLEARINGHOUSE FOR BILINGUAL
EDUCATION.
(a) Establishment.--* * *
* * * * * * *
(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
(1) * * *
* * * * * * *
(3) develop a data base management and monitoring
system for improving the operation and effectiveness of
federally funded bilingual education programs; [and]
(4) develop, maintain, and disseminate, through
comprehensive regional assistance centers [described in
part A of title XIII] if appropriate, a listing by
geographical area of education professionals, parents,
teachers, administrators, community members and others
who are native speakers of languages other than English
for use as a resource by local educational agencies and
schools in the development and implementation of
bilingual education programs[.] ; and
(5) publish, on an annual basis, a list of grant
recipients under this title.
SEC. 7136. [20 U.S.C. 7456] INSTRUCTIONAL MATERIALS DEVELOPMENT.
The Secretary may provide grants for the development,
publication, and dissemination of high-quality instructional
materials in Native American and Native Hawaiian languages and
the language of Native Pacific Islanders and natives of the
outlying areas for which instructional materials are not
readily available[.], and in other low-incidence languages in
the United States for which instructional materials are not
readily available. The Secretary shall give priority to the
development of instructional materials in languages indigenous
to the United States or the outlying areas. The Secretary shall
also accord priority to applications for assistance under this
section which provide for developing and evaluating materials
in collaboration with activities assisted under subparts 1 and
2 and which are consistent with voluntary national content
standards and challenging State content standards.
* * * * * * *
SEC. 7142. [20 U.S.C. 7472] TRAINING FOR ALL TEACHERS PROGRAM.
(a) Purpose.--* * *
* * * * * * *
[(b) Authorization.--
[(1) Authority.--The Secretary is authorized to award
grants to institutions of higher education, local
educational agencies, and State educational agencies or
to nonprofit organizations which have entered into
consorta arrangements with one of such institutions or
agencies.
[(2) Duration.--Each grant under this section shall
be awarded for a period of not more than five years.
[(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with other programs such as programs
authorized under titles I and II of this Act, and under the
Head Start Act.]
(b) Authorization.--
(1) Authority.--The Secretary may award grants under
this section to--
(A) local educational agencies; or
(B) 1 or more local educational agencies in a
consortium with 1 or more State educational
agencies, institutions of higher education, or
nonprofit organizations.
(2) Duration.--Each grant awarded under this section
shall be awarded for a period of not more than 5 years.
(c) Authorized Activities.--
(1) Professional development activities.--Grants
awarded under this section shall be used to conduct
high-quality, long-term professional development
activities relating to meeting the needs of limited
English proficient students, which may include--
(A) developing and implementing induction
programs for new teachers, including programs
that provide mentoring and coaching by trained
teachers, and team teaching with experienced
teachers;
(B) implementing school-based collaborative
efforts among teachers to improve instruction
in core academic areas, including reading, for
students with limited English proficiency;
(C) coordinating activities with other
programs, such as programs carried out under
titles I and II and the Head Start Act;
(D) implementing programs that support
effective teacher use of education technologies
to improve instruction and assessment;
(E) establishing and maintaining local
professional networks;
(F) developing curricular materials and
assessments for teachers that are aligned with
State and local standards and the needs of the
limited English proficient students to be
served; and
(G) carrying out such other activities as are
consistent with the purpose of this section.
(2) Permissible activities.--Activities conducted
under this section may include the development of
training programs in collaboration with other programs,
such as programs authorized under titles I and II, and
under the Head Start Act.
* * * * * * *
SEC. 7145. [20 U.S.C. 7475] GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related
to instruction of children and youth of limited-English
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation
research related to such study.
[(2) Number.--For fiscal year 1994 not less than 500
fellowships leading to a master's or doctorate degree
shall be awarded under this section.]
[(3)](2) Information.--The Secretary shall include
information on the operation and the number of
fellowships awarded under the fellowship program in the
evaluation required under section 7149.
* * * * * * *
[SEC. 7147. [20 U.S.C. 7477] PROGRAM REQUIREMENTS.
[Activities conducted under this subpart shall assist
educational personnel in meeting State and local certification
requirements for bilingual education and, wherever possible,
shall lead toward the awarding of college or university
credit.]
* * * * * * *
[SEC. 7149. [20 U.S.C. 7479] PROGRAM EVALUATIONS.
[Each recipient of funds under this subpart shall provide
the Secretary with an evaluation of the program assisted under
this subpart every two years. Such evaluation shall include
data on--
[(1) post-program placement of persons trained in a
program assisted under this subpart;
[(2) how the training relates to the employment of
persons served by the program;
[(3) program completion; and
[(4) such other information as the Secretary may
require.]
SEC. 7149. PROGRAM EVALUATIONS.
Each recipient of funds under this subpart for a program
shall annually conduct an evaluation of the program and submit
to the Secretary a report containing the evaluation. Such
report shall include information on--
(1) the number of participants served through the
program, the number of participants who completed
program requirements, and the number of participants
who took positions in an instructional setting with
limited English proficient students;
(2) the effectiveness of the program in imparting the
professional skills necessary for participants to
achieve the objectives of the program; and
(3) the teaching effectiveness of graduates of the
program or other participants who have completed the
program.
* * * * * * *
Subpart 4--Transition
SEC. 7161. [20 U.S.C. 7491] SPECIAL RULE.
Notwithstanding any other provision of law, no recipient of
a grant under title VII of this Act (as such title was in
effect on the day preceding the Educational Opportunities Act
date of enactment of the [Improving America's Schools Act of
1994]) shall be eligible for fourth and fifth-year renewals
authorized by section 7021(d)(1)(C) of such title (as such
section was in effect on the day preceding the date of
enactment of such Act).
* * * * * * *
[SEC. 7202. [20 U.S.C. 7512] FINDINGS.
[The Congress finds as follows:
[(1) Foreign language proficiency is crucial to our
Nation's economic competitiveness and national
security. Significant improvement in the quantity and
quality of foreign language instruction offered in our
Nation's elementary and secondary schools is necessary.
[(2) All Americans need a global perspective. To
understand the world around us, we must acquaint
ourselves with the languages, cultures, and history of
other nations.
[(3) Proficiency in two or more languages should be
promoted for all American students. Multilingualism
enhances cognitive and social growth, competitiveness
in the global marketplace, national security, and
understanding of diverse people and cultures.
[(4) The United States lags behind other developed
countries in offering foreign language study to
elementary and secondary school students.
[(5) Four out of five new jobs in the United States
are created from foreign trade.
[(6) The optimum time to begin learning a second
language is in elementary school, when children have
the ability to learn and excel in several foreign
language acquisition skills, including pronunciation,
and when children are most open to appreciating and
valuing a culture other than their own.
[(7) Foreign language study can increase childrens'
capacity for critical and creative thinking skills and
children who study a second language show greater
cognitive development in areas such as mental
flexibility, creativity, tolerance, and higher order
thinking skills.
[(8) Children who have studied a foreign language in
an elementary school achieve expected gains and score
higher on standardized tests of reading, language arts,
and mathematics than children who have not studied a
foreign language.]
* * * * * * *
SEC. 7204. [20 U.S.C. 7514] APPLICATIONS.
(a) General.--* * *
* * * * * * *
(b) Special Consideration.--The Secretary shall give
special consideration to applications describing programs
that--
(1) include intensive summer foreign language
programs for professional development;
(2) link non-native English speakers in the community
with the schools in order to promote two-way language
learning; [or]
(3) promote the sequential study of a foreign
language for students, beginning in elementary
schools[.];
(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
(5) promote innovative activities such as foreign
language immersion, partial foreign language immersion,
or content-based instruction; and
(6) are carried out through a consortium comprised of
the agency receiving the grant and an elementary school
or secondary school.
* * * * * * *
PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM
[SEC. 7301. [20 U.S.C. 7541] FINDINGS AND PURPOSE.] SEC. 7301. PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) the education of our Nation's children and youth
is one of the most sacred government responsibilities;
[(2) local educational agencies have struggled to
fund adequately education services;
[(3) in the case of Plyler v. Doe, the Supreme Court
held that States have a responsibility under the Equal
Protection Clause of the Constitution to educate all
children, regardless of immigration status; and
[(4) immigration policy is solely a responsibility of
the Federal Government.]
[(b) Purpose.--]The purpose of this part is to assist
eligible local educational agencies that experience
unexpectedly large increases in their student population due to
immigration to--
* * * * * * *
SEC. 7302. [20 U.S.C. 7542] STATE ADMINISTRATIVE COSTS.
For any fiscal year, a State educational agency may reserve
not more than 1.5 percent (2 percent if the State educational
agency distributes funds received under this part to local
educational agencies on a competitive basis) of the amount
allocated to such agency under section 7304 to pay the costs of
performing such agency's administrative functions under this
part.
* * * * * * *
SEC. 7304. [20 U.S.C. 7544] STATE ALLOCATIONS.
(a) Payments.--The Secretary shall, in accordance with the
provisions of this section, make payments to State educational
agencies for each of the fiscal years 1995 through 1999 for the
purpose set forth in section [7301(b)] 7301.
* * * * * * *
SEC. 7308. [20 U.S.C. 7548] REPORTS.
(a) Biennial Report.--* * *
* * * * * * *
(b) Report to Congress.--The Secretary shall submit, once
every two years, a report to the appropriate committees of the
Congress concerning programs assisted under this part in
accordance with section [14701] 10201.
SEC. 7309. [20 U.S.C. 7549] AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated [$100,000,000 for fiscal year
1995] $200,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.
* * * * * * *
SEC. 7405. [20 U.S.C. 7575] COORDINATIONS AND REPORTING REQUIREMENTS.
(a) Coordination With Related Programs.--* * *
* * * * * * *
(d) Report.--The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary
and to the [Committee on Labor and Human Resources of the
Senate and to the Committee on Education and Labor] Committee
on Health, Education, Labor, and Pensions of the Senate and to
the Committee on Education and the Workforce of the House of
Representatives a report on--
* * * * * * *
TITLE VIII--IMPACT AID
SEC. 8000. SHORT TITLE.
This title may be cited as the ``Impact Aid Act''.
SEC. 8001. [20 U.S.C. 7701] PURPOSE.
In order to fulfill the Federal responsibility to assist
with the provision of education services to federally connected
children, because certain activities of the federal Government
place a financial burden on the local educational agencies
serving areas where such activities are carried out, and to
help such children meet challenging State standards, it is the
purpose of this title to provide financial assistance to local
education agencies that--
(1) * * *
* * * * * * *
(4) educate heavy concentrations of children whose
parents are civilian employees of the Federal
Government and do not reside on Federal property; or
[(5) experience sudden and substantial increases or
decreases in enrollments because of military
realignments; or]
[(6)] (5) need special assistance with capital
expenditures for construction activities because of the
enrollments of substantial numbers of children who
reside on Federal lands.
* * * * * * *
SEC. 8002. [20 U.S.C. 7702] PAYMENTS RELATING TO FEDERAL ACQUISITION OF
REAL PROPERTY.
(A) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, [1999] 2005--
* * * * * * *
(b) Amount.--
(1) In general.--* * *
* * * * * * *
(B) If funds appropriated under section
8014(a) are insufficient to pay the amount
determined under subparagraph (A), the
Secretary shall [ratably reduce the payment to
each eligible local educational agency]
calculate the payment for each eligible local
educational agency in accordance with
subsection (h).
(C) Notwithstanding any other provision of
this subsection, a local educational agency may
not be paid an amount under this section that,
when added to the amount such agency receives
under section 8003(b), exceeds the maximum
amount that such agency is eligible to receive
for such fiscal year under section
8003(b)(1)(C) or this section, whichever is
greater.
* * * * * * *
[(h) Hold-Harmless Amounts.--
[(1) In general.--Except as provided in paragraph
(2)(A), the total amount that the Secretary shall pay
under subsection (b) to a local educational agency that
is otherwise eligible for a payment under this
section--
[(A) for fiscal year 1995 shall not be less
than 85 percent of the amount such agency
received for fiscal year 1994 under section 2
of the Act of September 30, 1950 (Public Law
874, 81st Congress) as such section was in
effect on September 30, 1994;
[(B) for fiscal year 1996 shall not be less
than 85 percent of the amount such agency
received for fiscal year 1995 under subsection
(b); and
[(C) for fiscal year 1997 and each succeeding
fiscal year through fiscal year 2000 shall not
be less than 85 percent of the amount such
agency received for fiscal year 1996 under
subsection (b).
[(2) Ratable reductions.--(A)(i) If necessary in
order to make payments to local educational agencies in
accordance with paragraph (1) for any fiscal year the
Secretary first shall ratably reduce payments under
subsection (b) for such year to local educational
agencies that do not receive a payment under this
subsection for such year.
[(ii) If additional funds become available for making
payments under subsection (b) for such year, then
payments that were reduced under clause (i) shall be
increased on the same basis as such payments were
reduced.
[(B)(i) If the sums made available under this title
for any fiscal year are insufficient to pay the full
amounts that all local educational agencies in all
States are eligible to receive under paragraph (1)
after the application of subparagraph (A) for such
year, then the Secretary shall ratably reduce payments
under paragraph (1) to all such agencies for such year.
[(ii) If additional funds become available for making
payments under paragraph (1) for such fiscal year, then
payments that were reduced under clause (i) shall be
increased on the same basis as such payments were
reduced.]
(h) Distribution of Funds When There Are Insufficient
Appropriations.--If the amount appropriated under section
8014(a) is insufficient to pay the full amount determined under
subsection (b) for all local educational agencies for a fiscal
year, then the Secretary shall calculate the payments the local
educational agencies receive under this section for the fiscal
year as follows:
(1) Foundation payments for pre-1995 recipients.--
First, the Secretary shall make a foundation payment to
each local educational agency that is eligible to
receive a payment under this section for the fiscal
year and was eligible to receive a payment under
section 2 of Public Law 81-874 for any of the fiscal
years 1989 through 1994. The Secretary shall make the
payment by multiplying 37 percent by the payment the
local educational agency was entitled to receive under
such section 2 for fiscal year 1994 (or if the local
educational agency did not receive a payment for fiscal
year 1994, the payment that local educational agency
was entitled to receive under such section 2 for the
most recent fiscal year preceding 1994). If the funds
appropriated under section 8014(a) for the fiscal year
are insufficient to fully fund the foundation payments
under this paragraph for the fiscal year, then the
Secretary shall ratably reduce the foundation payments
to each local educational agency under this paragraph.
(2) Payments for 1995 recipients.--From any funds
remaining after making payments under paragraph (1) for
the fiscal year for which the calculation is made that
are the result of the calculation described in
subparagraph (A), the Secretary shall make a payment to
each local educational agency that received a payment
under this section for fiscal year 1995 in accordance
with the following rules:
(A) Calculate the difference between the
amount appropriated to carry out this section
for fiscal year 1995 and the total amount of
foundation payments made under paragraph (1)
for the fiscal year for which the calculation
is made.
(B) Determine the percentage share for each
local educational agency that received a
payment under this section for fiscal year 1995
by dividing the assessed value of the Federal
property of the local educational agency for
fiscal year 1995, determined in accordance with
subsection (b)(3), by the total national
assessed value of the Federal property of all
such local educational agencies for fiscal year
1995, as so determined.
(C) Multiply the percentage share described
in subparagraph (B) for the local educational
agency by the amount determined under
subparagraph (A).
(3) Subsection (i) Recipients.--From any funds
remaining after making payments under paragraphs (1)
and (3) for the fiscal year for which the calculation
is made, the Secretary shall make payments in
accordance with subsection (i).
(4) Remaining funds.--From any funds remaining after
making payments under paragraphs (1), (2), and (3) for
fiscal year for which the calculation is made--
(A) the Secretary shall make a payment to
each local educational agency that received
afoundation payment under paragraph (1) for the fiscal year for which
the calculation is made in an amount that bears the same relation to 25
percent of the remainder as the amount the local educational agency
received under paragraph (1) for the fiscal year for which the
calculation is made bears to the amount all local educational agencies
received under paragraph (1) for the fiscal year for which the
calculation is made; and
(B) the Secretary shall make a payment to
each local educational agency that is eligible
to receive a payment under this section for the
fiscal year for which the calculation is made
in an amount that bears the same relation to 75
percent of the remainder as a percentage share
determined for the local educational agency (in
the same manner as percentage shares are
determined for local educational agencies under
paragraph (2)(B)) bears to the percentage share
determined (in the same manner) for all local
educational agencies eligible to receive a
payment under this section for the fiscal year
for which the calculation is made, except that
for the purpose of calculating a local
educational agency's assessed value of the
Federal property, data from the most current
fiscal year shall be used.
(i) [Priority] Special Payments.--
[(1) In general.--Notwithstanding subsection
(b)(1)(B), and for any fiscal year beginning with
fiscal year 1997 for which the amount appropriated to
carry out this section exceeds the amount so
appropriated for fiscal year 1996--
[(A) the Secretary shall first use the excess
amount (not to exceed the amount equal to the
difference of (i) the amount appropriated to
carry out this section for fiscal year 1997,
and (ii) the amount appropriated to carry out
this section for fiscal year 1996) to increase
the payment that would otherwise be made under
this section to not more than 50 percent of the
maximum amount determined under subsection (b)
for any local educational agency described in
paragraph (2); and
[(B) the Secretary shall use the remainder of
the excess amount to increase the payments to
each eligible local educational agency under
this section.]
(1) In general.--For any fiscal year beginning with
fiscal year 2000 for which the amount appropriated to
carry out this section exceeds the amount so
appropriated for fiscal year 1996 and for which
subsection (b)(1)(B) applies, the Secretary shall use
the remainder described in subsection (h)(3) for the
fiscal year for which the calculation is made (not to
exceed the amount equal to the difference between (A)
the amount appropriated to carry out this section for
fiscal year 1997 and (B) the amount appropriated to
carry out this section for fiscal year 1996) to
increase the payment that would otherwise be made under
this section to not more than 50 percent of the maximum
amount determined under subsection (b) for any local
educational agency described in paragraph (2).
* * * * * * *
(j) Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition.--
(1) Reservation.--From amounts appropriated under
section [8014(g)] 8014(f) for a fiscal year, the
Secretary shall provide additional assistance to meet
special circumstances relating to the provision of
education in local educational agencies eligible to
receive assistance under this section.
(2) Eligibility.--[(A) \1\ A local] A local
educational agency is eligible to receive additional
assistance under this subsection only if such agency--
[(i)] (A) received a payment under both this
section and section 8003(b) for fiscal year
1996 and is eligible to receive payments under
those sections for the year of application;
[(ii)] (B) provided a free public education
to children described under sections
8003(a)(1)(A), (B), or (D);
[(iii)] (C) had a military installation
located within the geographic boundaries of the
local educational agency that was closed as a
result of base closure or realignment;
[(iv)] (D) remains responsible for the free
public education of children residing in
housing located on Federal property within the
boundaries of the closed military installation
but whose parents are on active duty in the
uniformed services and assigned to a military
activity located within the boundaries of an
adjoining local educational agency; and
[(v)] (E) demonstrates to the satisfaction of
the Secretary that such agency's per-pupil
revenue derived from local sources for current
expenditures is not less than that revenue for
the preceding fiscal year.
(3) Maximum amount.--[(A) The maximum] The maximum
amount that a local educational agency is eligible to
receive under this subsection for any fiscal year, when
combined with its payment under subsection (b), shall
not be more than 50 percent of the maximum amount
determined under subsection (b)[;].
[(B) If funds appropriated under section 8014(g) are
insufficient to pay the amount determined under
subparagraph (A), the Secretary shall ratably reduce
the payment to each local education agency eligible
under this subsection;
[(C) If funds appropriated under section 8014(g) are
in excess of the amount determined under subparagraph
(A) the Secretary shall ratably distribute any excess
funds to all local educational agencies eligible for
payment under subsection (b) of this section.]
* * * * * * *
(l) Data; Preliminary and Final Payments.--The Secretary
shall--
(1) require any local educational agency that applied
for a payment under subsection (b) for a fiscal year to
submit expeditiously such data as may be necessary in
order to compute the payment;
(2) as soon as possible after the beginning of any
fiscal year, but not later than 60 days after the date
of enactment of an Act making appropriations to carry
out this title for the fiscal year, provide a
preliminary payment under subsection (b) for any local
educational agency that applied for a payment under
subsection (b) for the fiscal year, that has submitted
the data described in paragraph (1), and that was
eligible for such a payment for the preceding fiscal
year, in the amount of 60 percent of the payment for
the previous year; and
(3) make every effort to provide a final payment
under subsection (b) for any eligible local educational
agency not later than 12 months after the application
deadline established under section 8005(c).
(m) Eligibility.--
(1) Old federal property.--Except as provided in
paragraph (2), a local educational agency that is
eligible to receive a payment under this section for
Federal property acquired by the Federal Government
before the date of enactment of the Educational
Opportunities Act shall be eligible to receive the
payment only if the local educational agency submits an
application for a payment under this section not later
than 5 years after the date of enactment.
(2) Combined federal property.--A local educational
agency that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government before the date of enactment of the
Educational Opportunities Act shall be eligible to
receive the payment if--
(A) the Federal property, when combined with
other Federal property in the school district
served by the local educational agency acquired
by the Federal Government after the date of
enactment, meets the requirements of subsection
(a); and
(B) the local educational agency submits an
application for a payment under this section
not later than 5 years after the date of
acquisition of the Federal property acquired
after the date of enactment.
(3) New federal property.--A local educational agency
that is eligible to receive a payment under this
section for Federal property acquired by the Federal
Government after the date of enactment of the
Educational Opportunities Act shall be eligible to
receive the payment only if the local educational
agency submits an application for a payment under this
section not later than 5 years after the date of
acquisition.
SEC. 8003. [20 U.S.C. 7703] PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.
(A) Computation of Payment.--
(1) In general.--For the purpose of computing the
amount that a local educational agency is eligible to
receive under [subsection (b), (d), or (f)] subsection
(b) or (d) for any fiscal year, the Secretary shall
determine the number of children who were in average
daily attendance in the schools of such agency, and for
whom such agency provided free public education, during
the preceding school year and who, while in attendance
at such schools--
(D) Multiply the number of children described
in [subparagraphs (D) and (E) of paragraph (1)
by a factor of 10] subparagraph (D) of
paragraph (1) by a factor of .25.
(E) multiply the number of children described
in subparagraph (E) of paragraph (1) by a
factor of .10.
[(E)] (F) Multiply the number of children
described in subparagraphs (F) and (G) of
paragraph (1) by a factor of .05.
* * * * * * *
(4) Military installation housing [undergoing
renovation.] undergoing renovation or rebuilding.--[For
purposes]
(A) In general.--For purposes of computing
the amount of a payment for a local educational
agency for children described in paragraph
(1)(D)(i), the Secretary shall consider such
children to be children described in paragraph
(1)(B) if the Secretary determines, on the
basis of a certification provided to the
Secretary by a designated representative of the
Secretary of Defense, that such children would
have resided in housing on Federal property in
accordance with paragraph (1)(B) except that
such housing was under going renovation or
rebuilding on the date for which the Secretary
determines the number of children under
paragraph (1).
(B) Limitations.--(i)(I) Except as provided
in subclause (II), children described in
paragraph (1)(D)(i) may be deemed to be
children described in paragraph (1)(B) with
respect to housing on Federal property
undergoing renovation or rebuilding in
accordance with subparagraph (A) for a period
not to exceed 2 fiscal years.
(II) If the Secretary determines, on the
basis of a certification provided to the
Secretary by a designated representative of the
Secretary of Defense, that the expected
completion date of the renovation or rebuilding
of the housing has been delayed by not less
than 1 year, then--
(aa) in the case of a determination
made by the Secretary in the 1st fiscal
year described in subclause (I), the
time period described such subclause
shall be extended by the Secretary for
an additional 2 years; and
(bb) in the case of a determination
made by the Secretary in the 2nd fiscal
year described in subclause (I), the
time period described such subclause
shall be extended by the Secretary for
an additional 1 year.
(ii) The number of children described in
paragraph (1)(D)(i) who are deemed to be
children described in paragraph (1)(B) with
respect to housing on Federal property
undergoing renovation or rebuilding in
accordance with subparagraph (A) for any fiscal
year may not exceed the maximum number of
children who are expected to occupy that
housing upon completion of the renovation or
rebuilding.
(5) Military ``build to lease'' program housing.--
(A) In general.--For purposes of computing
the amount of payment for a local educational
agency for children identified underparagraph
(1), the Secretary shall consider children residing in housing
initially acquired or constructed under the former section 2828(g) of
title 10, United States Code (commonly known as the `Build to Lease'
program), as added by section 801 of the Military Construction
Authorization Act, 1984, to be children described under paragraph
(1)(B) if the property described is within the fenced security
perimeter of the military facility upon which such housing is situated.
(B) Additional requirements.--If the property
described in subparagraph (A) is not owned by
the Federal Government, is subject to taxation
by a State or political subdivision of a State,
and thereby generates revenues for a local
educational agency that is applying to receive
a payment under this section, then the
Secretary--
(i) shall require the local
educational agency to provide
certification from an appropriate
official of the Department of Defense
that the property is being used to
provide military housing; and
(ii) shall reduce the amount of the
payment under this section by an amount
equal to the amount of revenue from
such taxation received in the second
preceding fiscal year by such local
educational agency, unless the amount
of such revenue was taken into account
by the State for such second preceding
fiscal year and already resulted in a
reduction in the amount of State aid
paid to such local educational agency.
(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
(1) Basic support payments.--
(A) In general.--* * *
* * * * * * *
(C) Maximum amount.--The maximum amount that
a local educational agency is eligible to
receive under [this subsection] this paragraph
for any fiscal year is the sum of the total
weighted student units, as computed under
subsection (a)(2), multiplied by the greater
of--
* * * * * * *
(D) Data.--If satisfactory data from the
third preceding fiscal year are not available
for any of the expenditures described in clause
(i) or (ii) of subparagraph (C), the Secretary
shall use data from the most recent fiscal year
for which data that are satisfactory to the
Secretary are available.
* * * * * * *
(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds
to provide [a free appropriate public education]
services to children described in paragraph (1) in
accordance with the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(2) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--
(A) In general.--(i) From the amount
appropriated under section 8014(b) for a fiscal
year, the Secretary is authorized to make basic
support payments to eligible heavily impacted
local educational agencies with children
described in subsection (a).
(ii) A local educational agency that receives
a basic support payment under this paragraph
for a fiscal year shall not be eligible to
receive a basic support payment under paragraph
(1) for that fiscal year.
(B) Eligibility for continuing heavily
impacted local educational agencies.--
(i) In general.--A heavily impacted
local educational agency is eligible to
receive a basic support payment under
subparagraph (A) with respect to a
number of children determined under
subsection (a)(1) if the agency--
(I) received an additional
assistance payment under
subsection (f) (as such
subsection was in effect on the
day before the date of the
enactment of the Educational
Opportunities Act) for fiscal
year 2000; and
(II)(aa) is a local
educational agency whose
boundaries are the same as a
Federal military installation;
(bb) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency which is not less than
35 percent, has a per-pupil
expenditure that is less than
the average per-pupil
expenditure of the State in
which the agency is located or
the average per-pupil
expenditure of all States
(whichever average per-pupil
expenditure is greater), except
that a local educational agency
with a total student enrollment
of less than 350 students shall
be deemed to have satisfied
such per-pupil expenditure
requirement, and has a tax rate
for general fund purposes which
is not less than 95 percent of
the average tax rate for
general fund purposes of local
educational agencies in the
State;
(cc) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency which is not less than
30 percent, and has a tax rate
for general fund purposes which
is not less than 125 percent of
the average tax rate for
general fund purposes for local
educational agencies in the
State;)
(dd) has a total student
enrollment of not less than
25,000 students, of which not
less than 50 percent are
children described in
subsection (a)(1) and not less
than 6,000 of such children are
children described in
subparagraphs (A) and (B) of
subsection (a)(1); or
(ee) meets the requirements
of subsection (f)(2) applying
the date requirements of
subsection (f)(4) (as such
subsections were in effect on
the day before the date of the
enactment of the Educational
Opportunities Act).
(ii) Loss of eligibility.--A heavily
impacted local educational agency that
met the requirements of clause (i) for
a fiscal year shall be ineligible to
receive a basic support payment under
subparagraph (A) if the agency fails to
meet the requirements of clause (i) for
subsequentfiscal year, except that such
agency shall continue to receive a basic support payment under this
paragraph for the fiscal year for which the ineligibility determination
is made.
(iii) Resumption of eligibility.--A
heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause
for 1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency meets
the requirements of clause (i) for that
subsequent fiscal year, except that
such agency shall not receive a basic
support payment under this paragraph
until the fiscal year succeeding the
fiscal year for which the eligibility
determination is made.
(C) Eligibility for new heavily impacted
local educational agencies.--
(i) In general.--A heavily impacted
local educational agency that did not
receive an additional assistance
payment under subsection (f) (as such
subsection was in effect on the day
before the date of the enactment of the
Educational Opportunities Act) for
fiscal year 2000 is eligible to receive
a basic support payment under
subparagraph (A) for fiscal year 2002
and any subsequent fiscal year with
respect to a number of children
determined under subsection (a)(1) only
if the agency is a local educational
agency whose boundaries are the same as
a Federal military installation, or the
agency--
(I) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that--
(aa) is not less than
50 percent if such
agency receives a
payment on behalf of
children described in
subparagraphs (F) and
(G) of such subsection;
or
(bb) is not less than
40 percent if such
agency does not receive
a payment on behalf of
such children;
(II)(aa) for a local
educational agency that has a
total student enrollment of 350
or more students, has a per-
pupil expenditure that is less
than the average per-pupil
expenditure of the State in
which the agency is located; or
(bb) for a local educational
agency that has a total student
enrollment of less than 350
students, has a per-pupil
expenditure that is less than
the average per-pupil
expenditure of a comparable
local educational agency in the
State in which the agency is
located, as defined in
regulations promulgated by the
Secretary; and
(III) has a tax rate for
general fund purposes that is
not less than 95 percent of the
average tax rate for general
fund purposes of local
educational agencies in the
State.
(ii) Resumption of eligibility.--A
heavily impacted local educational
agency described in clause (i) that
becomes ineligible under such clause
for 1 or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent
fiscal year only if the agency is a
local educational agency whose
boundaries are the same as a Federal
military installation, or meets the
requirements of clause (i), for that
subsequent fiscal year, except that
such agency shall continue to receive a
basic support payment under this
paragraph for the fiscal year for which
the ineligibility determination is
made.
(iii) Application.--With respect to
the first fiscal year for which a
heavily impacted local educational
agency described in clause (i) applies
for a basic support payment under
subparagraph (A), or with respect to
the first fiscal year for which a
heavily impacted local educational
agency applies for a basic support
payment under subparagraph (A) after
becoming ineligible under clause (i)
for 1 or more preceding fiscal years,
the agency shall apply for such payment
at least 1 year prior to the start of
that first fiscal year.
(D) Maximum amount for regular heavily
impacted local educational agencies.--(i)
Except as provided in subparagraph (E), the
maximum amount that a heavily impacted local
educational agency is eligible to receive under
this paragraph for any fiscal year is the sum
of the total weighted student units, as
computed under subsection (a)(2) and subject to
clause (ii), multiplied by the greater of--
(I) four-fifths of the average per-
pupil expenditure of the State in which
the local educational agency is located
for the third fiscal year preceding the
fiscal year for which the determination
is made; or
(II) four-fifths of the average per-
pupil expenditure of all of the States
for the third fiscal year preceding the
fiscal year for which the determination
is made.
(ii)(I) For a local educational agency with
respect to which 35 percent or more of the
total student enrollment of the schools of the
agency are children described in subparagraph
(D) or (E) (or a combination thereof) of
subsection (a)(1), the Secretary shall
calculate the weighted student units of such
children for purposes of subsection (a)(2) by
multiplying the number of such children by a
factor of 0.55.
(II) For a local educational agency that has
an enrollment of 100 or fewer children
described in subsection (a)(1), the Secretary
shall calculate the total number of weighted
student units for purposes of subsection (a)(2)
by multiplying the number of such children by a
factor of 1.75.
(III) For a local educational agency that has
an enrollment of more than 100 but not more
than 750 children described in subsection
(a)(1), the Secretary shall calculate the total
number of weighted student units for purposes
of subsection (a)(2) by multiplying the number
of such children by a factor of 1.25.
(iii) Notwithstanding subsection (a)(3), the
Secretary shall compute the payment for a
heavily impacted local educational agency under
this subparagraph for all children described in
subsection (a)(1) that are served by the
agency.
(E) Maximum amount for large heavily impacted
local educational agencies.--(i)(I) Subject to
clause (ii), the maximum amount that a heavily
impacted local educational agency described in
subclause (II) is eligible to receive under
this paragraph for any fiscal year shall be
determined in accordance with the formula
described in paragraph (1)(C).
(II) A heavily impacted local educational
agency described in this subclause is a local
educational agency that has a total student
enrollment of not less than 25,000 students, of
which not less than 50 percent are children
described in subsection (a)(1) and not less
than 6,000 of such children are children
described in subparagraphs (A) and (B) of
subsection (a)(1).
(ii) For purposes of calculating the maximum
amount described in clause (i), the factor used
in determining the weighted student units under
subsection (a)(2) with respect to children
described in subparagraphs (A) and (B) of
subsection (a)(1) shall be 1.35.
(F) Data.--For purposes of providing
assistance under this paragraph the Secretary
shall use student, revenue, expenditure, and
tax data from the third fiscal year preceding
the fiscal year for which the local educational
agency is applying for assistance under this
paragraph.
[(2) (3) Payments with respect to fiscal years in
which insufficient funds are appropriated.--
(A) In general.--For any fiscal year in which
the sums appropriated under section 8014(b) are
insufficient to pay to each local educational
agency the full amount computed under
[paragraph (1)] paragraphs (1) and (2), the
Secretary shall make payments in accordance
with this paragraph.
(B) Learning opportunity threshold payments
in lieu of payments under paragraph (1).--(i)
For fiscal years described in subparagraph (A),
the Secretary shall compute a learning
opportunity threshold payment (hereafter in
this title referred to as the ``threshold
payment'') by multiplying in lieu of basic
support payments under paragraph (1) the amount
obtained under paragraph (1)(C) by the total
percentage obtained by adding--
(I) the percentage of federally
connected children for each local
educational agency determined by
calculating the fraction, the numerator
of which is the total number of
children described under subsection
(a)(1) and the denominator of which is
the total number of children in average
daily attendance at the schools served
by such agency; and
(II) the percentage that funds under
paragraph (1)(C) represent of the total
budget of the local educational agency,
determined by calculating the fraction,
the numerator of which is the total
amount of funds calculated for each
local educational agency under this
paragraph [(not including amounts
received under subsection (f))], and
the denominator of which is the total
current expenditures for such agency in
the second preceding fiscal year for
which the determination is made.
(ii) Such total percentage used to calculate
threshold payments under paragraph (1) shall
not exceed 100.
(iii) For the purpose of determining and
percentages described in subclauses (I) and
(II) of clause (i) that are applicable to the
local educational agency providing free public
education to students in grades 9 through 12
residing on Hanscom Air Force Base,
Massachusetts, the Secretary shall consider
only that portion of such agency's total
enrollment of students in grades 9 through 12
when calculating the percentage under such
subclause (I) and only that portion of the
total current expenditures attributed to the
operation of grades 9 through 12 in such agency
when calculating the percentage under subclause
(II).
(C) Learning opportunity threshold payments
in lieu of payments under paragraph (2).--For
fiscal years described in subparagraph (A), the
learning opportunity threshold payment in lieu
of basic support payments under paragraph (2)
shall be equal to the amount obtained under
subparagraph (D) or (E) of paragraph (2), as
the case may be.
[(C)] (D) Ratable distribution.--For fiscal
years described in subparagraph (A), the
Secretary shall make payments as a ratable
distribution based upon the [computation made
under subparagraph (B)] computations made under
subparagraphs (B) and (C).
[(3)] (4) States with only one local educational
agency.--
(A) In general.--In any of the 50 States of
the United States in which there is only one
local educational agency, the Secretary shall,
for purposes of [paragraphs (1)(B), (1)(C), and
(2) of this subsection] subparagraphs (B) and
(C) of paragraph (1) or subparagraphs (B)
through (D) of paragraph (2), as the case may
be, paragraph (3) of this subsection, and
subsection (e), consider each administrative
school district in the State to be a separate
local educational agency.
(B) Computation of maximum amount of basic
support payment and threshold payment.--In
computing the maximum payment amount under
paragraph (1)(C), or subparagraph (D) or (E) of
paragraph (2), as the case may be, and the
learning opportunity threshold payment under
[paragraph (2)(B)] subparagraph (B) or (C) of
paragraph (3), as the case may be, for an
administrative school district described in
subparagraph (A)--
(i) the Secretary shall first
determine the maximum payment amount
and the total current expenditures for
the State as a whole; and
(ii) the Secretary shall then--
(I) proportionately allocate
such maximum payments amount
among the administrative school
districts on the basis of the
respective weighted student
units of such districts; and
(II) proportionately allocate
such total current expenditures
among the administrative school
districts on the basis of the
respective number of students
in average daily attendance at
such districts.
(c) Prior Year Data.--
(1) In general.--Except as provided in [paragraph (2)
and subsection (f)] subsections (b)(1)(D), (b)(2), and
paragraph (2), all calculations under this section
shall be based on data for each local educational
agency from not later than the fiscal year preceding
the fiscal year for which the agency is making
application for payment.
* * * * * * *
(e) Hold-Harmless Amounts.--
[(1) In general.--(A) Except as provided in paragraph
(4)(A), the total amount that the Secretary shall pay a
local educational agency under subsection (b) shall not
be less than 85 percent of the amount such agency
received for the preceding fiscal year--
[(i) in the case of fiscal year 1995 only,
under subsections (a) and (b) of section 3 of
the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such section was in effect
on the day preceding the date of enactment of
the Improving America's Schools Act of 1994);
or
[(ii) in the case of fiscal years 1996, 1997,
1998, or 1999, under such subsection (b).
[(B) For fiscal year 1995 only, the Secretary shall
pay, to each local educational agency that is not
eligible for a payment under subsection (b) but that
received a payment under section 3 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as
such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of
1994) for fiscal year 1994, an amount which is not less
than 85 percent of the payment such agency received
under such section 3 for fiscal year 1994.
[(2) Two-year applicability.--Paragraph (1)(A) shall
apply to any one local educational agency for a maximum
of two consecutive fiscal years.
[(3) Phase-out payment.--A local educational agency
which received a payment under section 3(e) of the Act
of September 30, 1950 (Public Law 874, 81st Congress)
(as such section was in effect on the day preceding the
date of enactment of the Improving America's Schools
Act of 1994) for fiscal year 1994 is eligible to
receive a payment, under subsection (b) for fiscal year
1995, in an amount which is not less than 85 percent of
the amount received by such agency in fiscal year 1994
under such section 3(e).
[(4) Ratable reductions.--(A)(i) If necessary in
order to make payments to local educational agencies in
accordance with paragraphs (1) and (2), the Secretary
first shall ratably reduce payments under subsection
(b) to local educational agencies that do not receive a
payment under this subsection.
[(ii) If additional funds become available for making
payments under subsection (b) for such fiscal year,
payments that were reduced under clause (i) shall be
increased on the same basis as such payments were
reduced.
[(B)(i) If the sums made available under this title
for any fiscal year are insufficient to pay the full
amounts that all local educational agencies in all
States are eligible to receive under paragraphs (1) and
(2) after the application of subparagraph (A) for such
year, the Secretary shall ratably reduce payments to
all such agencies for such year.
[(ii) If additional funds become available for making
payments under paragraphs (1) and (2) for such fiscal
year, payments that were reduced under clause (i) shall
be increased on the same basis as such payments were
reduced.]
(e) Hold Harmless.--
(1) In general.--Except as provided in paragraph (2),
the total amount the Secretary shall pay a local
educational agency under this section for fiscal year
2001 and each succeeding fiscal year shall not be less
than--
(A) the result obtained by dividing the
amount received by the local educational agency
under this subsection for fiscal year 2000 by
the total weighted student units calculated for
the local educational agency under subsection
(a)(2) for fiscal year 2000; multiplied by
(B) the total weighted student units
calculated for the local educational agency
under subsection (a)(2) (as such subsection was
in effect on the day preceding the date of
enactment of the Educational Opportunities Act)
for the fiscal year for which the determination
is made.
(2) Ratable reductions.--
(A) In general.--If the sums made available
under this title for any fiscal year are
insufficient to pay the full amounts that all
local educational agencies in all States are
eligible to receive under paragraph (1) for
such year, then the Secretary shall ratably
reduce the payments to all such agencies for
such year.
(B) Additional funds.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
[(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
[(1) Reservation.--From amounts appropriated under
section 8014(b) for a fiscal year, the Secretary shall
provide additional assistance to meet special
circumstances relating to the provision of education in
local educational agencies eligible to receive
assistance under this section.
[(2) Eligibility.--A local educational agency is
eligible to receive additional assistance under this
subsection if such agency is eligible for a
supplementary payment in accordance with subparagraph
(B) or such agency
[(i)(I) has an enrollment of federally
connected children described in subsection
(a)(1) which constitutes a percentage of the
total student enrollment of such agency which
is not less than 50 percent if such agency
receives a payment on behalf of children
described in subparagraphs (F) and (G) of such
subsection, or not less than 40 percent if such
agency does not receive a payment on behalf of
such children; and
[(II) has a tax rate for general fund
purposes which is at least 95 percent of the
average tax rate for general fund purposes of
comparable local educational agencies in the
State;
[(ii)(I) has an enrollment of federally
connected children described in subsection
(a)(1) which constitutes at least 35 percent of
the total student enrollment of such agency;
and
[(II) has a tax rate for general fund
purposes which is at least 125 percent of the
average tax rate for general fund purposes of
comparable local educational agencies in the
State; or
[(iii) is a local educational agency whose
boundaries are the same as a Federal military
installation.
[(B) If the current expenditures in those local
educational agencies which the Secretary has determined
to be generally comparable to the local educational
agency for which a computation id made under subsection
(b)(1)(C) are not reasonably comparable because of
unusual geographical factors which affect the current
expenditures necessary to maintain, in such agency, a
level of educational equivalent to that maintained in
such other agencies, then the Secretary shall increase
the local contribution rate for such agency by such an
amount which the Secretary determines will compensate
such agency for the increase in current expenditures
necessitated by such unusual geographical factors. The
amount of any such supplementary payment may not exceed
the per-pupil share (computed with regard to all
children in average daily attendance), as determined by
the Secretary, of the increased current expenditures
necessitated by such unusual geographic factors.
[(C) Any local educational agency determined eligible
under clause (iii) of subparagraph (A) shall be deemed
to have met the tax effort requirements for eligibility
under clause (i)(II) or (ii)(II) of such subparagraph.
[(D) A local educational agency shall only be
eligible to receive additional assistance under this
subsection if the Secretary determines that--
[(i) such agency is exercising due diligence
in availing itself of State and other financial
assistance; and
[(ii) the eligibility of such agency under
State law for State aid with respect to the
free public education of children described in
subsection (a)(1) and the amount of such aid
are determined on a basis no less favorable to
such agency than the basis used in determining
the eligibility of local educational agencies
for State aid, and the amount of such aid, with
respect to the free public education of other
children in the State.
[(3) Maximum Payments.--
[(A) In General.--Subject to subparagraph
(B), the Secretary shall determine the maximum
amount that a local educational agency may
receive under this subsection (other than any
amount received under paragraph (2)(B)) in
accordance with the following computations: The
Secretary, in conjunction with the local
educational agency, shall first determine each
of the following:
[(I) The average per-pupil
expenditure of the State in which the
local educational agency is located.
[(II) the average per-pupil
expenditure of generally comparable
local educational agencies located in
the State of local educational agency,
as defined in regulations issued by the
Secretary.
[(III) The average per-pupil
expenditure of three generally
comparable local educational agencies
located in the State of the local
educational agency, as defined in
regulations issued by the Secretary.
The local educational agency shall select one
of the amounts determined under subclause (I),
(II), or (III) for purposes of the remaining
computations under this subparagraph.
[(ii) The Secretary shall next
multiply the amount determined under
clause (i) by the total number of
students in average daily attendance at
the schools of the local educational
agency.
[(iii) The Secretary shall next
subtract from the amount determined
under clause (ii) all funds available
to the local educational agency for
currentexpenditures, but, except as
provided in subparagraph (C), shall not so subtract funds provided--
[(I) under this Act; or
[(II) by any department or
agency of the Federal
Government (other than the
Department) that are used for
capital expenses.
[(iv) If the tax rate used by the
local educational agency is greater
than 95 percent, but less than 100
percent, of the tax rate of comparable
local educational agencies, the
Secretary shall next multiply the
amount determined under clause (iii) by
the percentage that the tax rate of the
local educational agency is of--
[(I) the average tax rate of
its generally comparable local
educational agencies; or
[(II) the average tax rate of
all the local educational
agencies in the State in which
the local educational agency is
located.
[(v) The Secretary shall next
subtract the total amount of payments
received by a local educational agency
under subsections (b) and (d) for a
fiscal year from the amount determined
under clause (iii) or clause (iv), as
the case may be.
[(B) Special rule.--With respect to payments
under this subsection for a fiscal year for a
local educational agency described in clause
(ii) or (iii) of paragraph (2)(A), the maximum
amount of payments under this subsection shall
be equal to--
[(i) the product of--
[(I) the average per-pupil
expenditure in all States
multiplied by 0.7, except that
such amount may not exceed 125
percent of the average per-
pupil expenditure in all local
educational agencies in the
State; multiplied by
[(II) the number of students
described in subparagraph (A)
or (B) of subsection (a)(1) for
such agency; minus
[(ii) the amount of payment such
agency receives under subsections (b)
and (d) of such year.
[(C) Determination of available funds.--When
determining the amount of funds available to
the local educational agency for current
expenditures for purposes of subparagraph
(A)(iii) for a fiscal year, the Secretary shall
include, with respect to the local educational
agency's opening cash balance for such fiscal
year, the portion of such balance that is the
greater of--
[(i) the amount that exceeds the
maximum amount of funds for current
expenditures that the local educational
agency was allowed by State law to
carry over from the prior fiscal year,
if State restrictions on such amounts
were applied uniformly to all local
educational agencies in the State; or
[(ii) the amount that exceeds 30
percent of the local educational
agency's operating costs for the prior
fiscal year.
[(4) Data.--For purposes of providing assistance
under this subsection the Secretary shall use student,
revenue, expenditure, and tax data from the second
fiscal year preceding the fiscal year for which the
local educational agency is applying for assistance
under this subsection.
[(5) Reduction in payments.--If funds appropriated to
carry out this subsection are insufficient to pay in
full the amounts determined under paragraph (3), the
Secretary shall ratably reduce the payment to each
eligible local educational agency.
[(g) Additional Payments for Local Educational Agencies
With High Concentrations of Children With Severe
Disabilities.--
[(1) In general.--If any local educational agency
receives Federal funds from sources other than this
title to carry out the purposes of this title for any
fiscal year due to the enrollment of children described
under subsection (a), then the Secretary shall consider
such funds as a payment to such agency under this part
for such fiscal year.
[(2) Special rule.--Notwithstanding any other
provision of law, if funds appropriated pursuant to
section 8014(b) for payment under subsection (b) to
such agency for a fiscal year which, when added to the
funds described in paragraph (1) received by such
agency for such fiscal year, exceed the maximum amount
described under subsection (b)(1)(C), then the
Secretary shall make available from the funds
appropriated under section 8014(b) for such fiscal year
such excess amounts to any local educational agency
swerving two or more children described under
subparagraph (B) or (D) of subsection (a)(1) who have a
severe disability and a parent serving in the uniformed
services (as defined by section 101 of title 37, United
States Code) who is assigned to a particular permanent
duty station for compassionate reasons (compassionate
post assignment) for the total costs associated with
such children who are provided an educational program
provided outside the schools of such agency.
[(3) Remaining funds.--If funds remain after payments
are made under paragraph (2) for any fiscal year, then
such remaining funds shall be made available for
expenditures under subsection (d) in such fiscal year
on a pro rata basis consistent with the requirements of
such subsection.
[(4) Ratable reductions.--If amounts available to
carry out paragraph (2) for any fiscal year are
insufficient to pay in full the total payment that all
eligible local educational agencies are eligible to
receive under such paragraph for such year, then the
Secretary shall ratably reduce such payments to such
agencies for such year.]
[(h)] (f) Other Funds.--Notwithstanding any other provision
of law, a local educational agency receiving funds under this
section may also receive funds under section 6 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
section 386 of the National Defense Authorization Act for
Fiscal Year 1993 or such section's successor authority.
[(i)] (g) Maintenance of Effort.--A local educational
agency may receive funds under sections 8002 and 8003(b) for
any fiscal year only if the State educational agency finds that
either the combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by that 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.
* * * * * * *
[SEC. 8006. [20 U.S.C. 7706] PAYMENTS FOR SUDDEN AND SUBSTANTIAL
INCREASES IN ATTENDANCE OF MILITARY DEPENDENTS.
[(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
[(1) the number of children in average daily
attendance during the school year for which the
determination is made is at least 10 percent or 100
more than the number of children in average daily
attendance in the school year preceding the school year
for which the determination is made; and
[(2) the number of children in average daily
attendance with a parent on active duty (as defined in
section 101(18) of title 37, United States Code) in the
Armed Forces who are in attendance at such agency
because of the assignment of their parent to a new duty
station between May 15 and September 30, inclusive, of
the fiscal year for which the determination is made, as
certified by an appropriate local official of the
Department of Defense, is at least 10 percent or 100
more than the number of children in average daily
attendance in the preceding school year.
[(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the school year
for which payment is requested, in such manner and containing
such information as the Secretary may prescribe, including
information demonstrating that such agency is eligible for such
a payment.
[(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
[(1) the increase in the number of children in
average daily attendance from the school year preceding
the fiscal year for which the determination is made;
and
[(2) the number of children described in subsection
(a)(2).
[(d) Payments.--
[(1) In general.--Except as provided in paragraph
(2), from the amount appropriated for a fiscal year
under section 8014(d), the Secretary shall pay each
local educational agency with an approved application
an amount equal to one-half of the national average
per-pupil expenditure multiplied by the number of such
children determined under subsection (c) for that local
educational agency.
[(2) Ratable reduction.--(A) If the amount
appropriated to carry out this section for any fiscal
year is insufficient to pay the full payment that all
eligible local educational agencies are eligible to
receive under this section for such year, then the
Secretary shall ratably reduce the payments to such
agencies for such year.
[(B) If additional funds become available for making
payments under paragraph (1) for such fiscal year,
payments that were reduced under subparagraph (A) shall
be increased on the same basis as such payments were
reduced.
[(e) Notification Process.--
[(1) Establishment.--The Secretary shall establish,
with the Secretary of Defense, a notification process
relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels
assigned to such facilities, which may substantially
affect the student enrollment levels of local
educational agencies which receive or may receive
payments under this title.
[(2) Information.--Such process shall provide timely
information regarding such closures and such
adjustments--
[(A) by the Secretary of Defense to the
Secretary; and
[(B) by the Secretary to the affected local
educational agencies.]
[SEC. 8007. [20 U.S.C. 7707] CONSTRUCTION.
[(a) Payments Authorized.--From the amount appropriated for
each fiscal year under section 8014(e), the Secretary shall
make payments to each local educational agency--
[(1) that receives a basic payment under section
8003(b); and
[(2)(A) in which the number of children determined
under section 8003(a)(1)(C) constituted at least 50
percent of the number of children who were in average
daily attendance in the schools of such agency during
the preceding school year;
[(B) in which the number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1)
constituted at least 50 percent of the number of
children who were in average daily attendance in the
schools of such agency during the school year preceding
the school year for which the determination is made;
[(C) that receives assistance under section 8003(f);
or
[(D) that receives assistance under section 8006.
[(b) Amount of Payments.--The amount of a payment to each
such agency for a fiscal year shall be equal to--
[(1) the amount appropriated under section 8014(e)
for such year; divided by
[(2) the number of children determined under section
8003(a)(2) for all local educational agencies described
in subsection (a), but not including any children
attending a school assisted or provided by the
Secretary under section 8008 or section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress)
(as such Act was in effect on the day preceding the
date of enactment of the Improving America's Schools
Act of 1994); multiplied by
[(3) the number of such children determined for such
agency.
[(c) Use of Funds.--Any local educational agency that
receives funds under this section shall use such funds for
construction, as defined in section 8013(3).]
SEC. 8007. SCHOOL CONSTRUCTION.
(a) Payments Authorized for School Construction.--From 20
percent of the amount appropriated for each fiscal year under
section 8014(d), the Secretary shall make payments to each
local educational agency--
(1) that receives a basic payment under section
8003(b); and
(2)(A) in which the number of children determined
under section 8003(a)(1)(C) constituted at least 50
percent of the number of children who were in average
daily attendance in the schools of such agency during
the preceding school year;
(B) in which the number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1)
constituted at least 50 percent of the number of
children who were in average daily attendance in the
schools of such agency during the school years
preceding the school year for which the determination
is made; or
(C) that receives assistance under section 8003(b)(2)
for the fiscal year preceding the school year for which
the determination is made.
(b) Amount of Payments.--The amount of a payment to each
such agency for a fiscal year shall be equal to--
(1) the amount made available under subsection (a)
for the fiscal year; divided by
(2) the remainder of--
(A) the number of children determined under
section 8003(a)(2) for all local educational
agencies described in subsection (a) for the
fiscal year; minus
(B) the number of children attending a school
facility described in section 8008(a) for which
the Secretary provided assistance under section
8008(a) for the previous fiscal year;
multiplied by
(3) the sum of the number of children described in
paragraph (2) determined for such agency for the fiscal
year.
(c) Use of Funds.--Any local educational agency that
receives funds under this section shall use such funds for
construction, as defined in section 8013(3).
SEC. 8007A. SCHOOL FACILITY MODERNIZATION.
(a) Program Authorized.--
(1) In general.--From 80 percent of the amount
appropriated for each fiscal year under section
8014(d), the Secretary shall award grants to eligible
local educational agencies to enable the local
educational agencies to carry out modernization of
school facilities.
(2) Allocation among eligible local educational
agencies.--The Secretary shall allocate--
(A) 45 percent of the amount made available
under paragraph (1) for each fiscal year for
grants to local educational agencies described
in clause (i) or (ii) of subsection (b)(2)(A);
(B) 45 percent of such amount for grants to
local educational agencies described in
subsection (b)(2)(B); and
(C) 10 percent of such amount for grants to
local educational agencies described in
subsection (b)(2)(C).
(3) Special rule.--A local educational agency
described in subsection (b)(2)(B) may use grant funds
made available under this section for a school facility
located on or near Federal property only if the school
facility is located at a school where not less than 50
percent of the children in average daily attendance in
the school for the preceding school year are children
for which a determination is made under section
8003(a)(1).
(b) Eligibility Requirements.--A local educational agency
is eligible to receive funds under this section only if--
(1) such agency (or in the case of a local
educational agency that does not have the authority to
tax or issue bonds, such agency's fiscal agent) has no
capacity to issue bonds or is at such agency's limit in
bonded indebtedness for the purposes of generating
funds for capital expenditures, except that a local
educational agency that is eligible to receive funds
under section 8003(b)(2) shall be deemed to have met
the requirements of this paragraph; and
(2)(A)(i) such agency received assistance under
section 8002(a) and has an assessed value of taxable
property per student in the school district that is
less than the average of the assessed value of taxable
property per student in the State in which the local
educational agency is located; or
(ii) had an enrollment of children determined under
section 8003(a)(1)(C) which constituted at least 25
percent of the number of children who were in average
daily attendance in the schools of such agency during
the school year preceding the school year for which the
determination is made;
(B) such agency received assistance under section
8003(b) and had an enrollment of children determined
under subparagraphs (A), (B), and (D) of section
8003(a)(1) which constituted at least 25 percent of the
number of children who were in average daily attendance
in the schools of such agency during the school year
preceding the school year for which the determination
is made; or
(C) such agency had an enrollment of children
determined under section 8003(a)(1)(C) which
constituted at least 50 percent of the number of
children who were in average daily attendance in the
schools of such agency during the school year preceding
the school year for which the determination is made,
and has a school facility emergency, as determined by
the Secretary, that poses a health or safety hazard to
the students and school personnel assigned to the
school facility.
(c) Award Criteria.--In awarding grants under this section
the Secretary shall consider 1 or more of the following
factors:
(1)The extent to which the local educational agency
lacks the fiscal capacity to undertake the
modernization project without Federal assistance.
(2) The extent to which property in the local
educational agency is nontaxable due to the presence of
the Federal Government.
(3) The extent to which the local educational agency
serves high numbers or percentages of children
described in subparagraphs (A(), (B), (C), and (D) of
section 8003(a)(1).
(4) The need for modernization to meet--
(A) the threat that the condition of the
school facility poses to the safety and well-
being of students;
(B) overcrowding conditions as evidenced by
the use of trailers and portable buildings and
the potential for future overcrowding because
of increased enrollment; and
(C) facility needs resulting from actions of
the Federal Government.
(5) The age of the school facility to be modernized.
(d) Other Award Provisions.--
(1) Amount consideration.--In determining the amount
of a grant awarded under this section, the Secretary
shall consider the cost of the modernization and the
ability of the local educational agency to produce
sufficient funds to carry out the activities for which
assistance is sought.
(2) Federal share.--The Federal funds provided to a
local educational agency under this section shall not
exceed 50 percent of the total cost of the project to
be assisted under this section. A local educational
agency may use in-kind contributions to meet the
matching requirement of the preceding sentence.
(3) Maximum grant.--A local educational agency may
not receive a grant under this section in an amount
that exceeds $3,000 during any 5-year period.
(e) Applications.--A local educational agency desiring to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. Each
application shall contain--
(1) documentation of the agency's lack of bonding
capacity;
(2) a listing of the school facilities to be
modernized, including the number and percentage of
children determined under section 8003(a)(1) in average
daily attendance in each school facility;
(3) a description of the ownership of the property on
which the current school facility is located or on
which the planned school facility will be located;
(4) a description of any school facility deficiency
that poses a health or safety hazard to the occupants
of the school facility and a description of how that
deficiency will be repaired;
(5) a description of the modernization to be
supported with funds provided under this section;
(6) a cost estimate of the proposed modernization;
and
(7) such other information and assurances as the
Secretary may reasonably require.
(f) Emergency Grants.--
(1) Applications.--Each local educational agency
described in subsection (b)(2)(C) that desires a grant
under this section shall include in the application
submitted under subsection (e) a signed statement from
an appropriate State official certifying that a health
or safety deficiency exists.
(2) Inapplicability of certain provisions.--
Paragraphs (2) and (3) of subsection (d) shall not
apply to grants under this section awarded to local
educational agencies described in subsection (b)(2)(C).
(3) Special rules.--The Secretary shall make every
effort to meet fully the school facility needs of local
educational agencies described in subsection (b)(2)(C).
(4) Priority.--If the Secretary receives more than 1
application from local educational agencies described
in subsection (b)(2)(C) for grants under this section
for any fiscal year, the Secretary shall give priority
to local educational agencies based on when an
application was received and the severity of the
emergency as determined by the Secretary.
(5) Consideration for following year.--A local
educational agency described in subsection (b)(2)(C)
that applies for a grant under this section for any
fiscal year and does not receive the grant shall have
the application for the grant considered for the
following fiscal year, subject to the priority
described in paragraph (4).
(g) General Limitations.--
(1) Real property.--No part of any grant funds
awarded under this section shall be used for the
acquisition of any interest in real property.
(2) Maintenance.--Nothing in this section shall be
construed to authorize the payment of maintenance costs
in connection with any school facilities modernized in
whole or in part with Federal funds provided under this
section.
(3) Environmental safeguards.--All projects carried
out with Federal funds provided under this section
shall comply with all relevant Federal, State, and
local environmental laws and regulations.
(4) Athletic and similar school facilities.--No
Federal funds received under this section shall be used
for outdoor stadiums or other school facilities that
are primarily used for athletic contests or
exhibitions, or other events, for which admission is
charged to the general public.
(h) Supplement Not Supplant.--An eligible local educational
agency shall use funds received under this section only to
supplement the amount of funds that would, in the absence of
such Federal funds, be made available from non-Federal sources
for the modernization of school facilities used for educational
purposes, and not to supplant such funds.
* * * * * * *
SEC. 8008. [20 U.S.C. 7708] FACILITIES.
(a) Current Facilities.--From the amount appropriated for
any fiscal year under section [8014(f)] 8014(e), the Secretary
may continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act of
September 23, 1950 (Public Law 815, 81st Congress) (as such Act
was in effect on the day preceding the date of the enactment of
the Improving America's Schools Act of 1994).
SEC. 8009. [20 U.S.C. 7709] STATE CONSIDERATION OF PAYMENTS IN
PROVIDING STATE AID.
(a) General Prohibition.--Except as provided in subsection
(b), a State may not--
(1) consider payments under this title [or under the
Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving
America's Schools Act of 1994)] in determining for any
fiscal year--
* * * * * * *
(b) State Equalization Plans.--
[(1) In general.--A State may reduce State aid to a
local educational agency that receives a payment under
section 8002 or 8003(b) (except the amount calculated
in excess of 1.0 under subparagraph (B) of section
8003(a)(2)) or under the Act of September 30, 1950
(Public Law 874, 81st Congress) as such Act was in
effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994 (other than
an increase in payments described in paragraphs (2)(B),
(2)(C), (2)(D), or (3)(B)(ii) of section 3(d) of such
Act of September 30, 1950) for any fiscal year if the
Secretary determines, and certifies under subsection
(c)(3)(A), that such State has in effect a program of
State aid that equalizes expenditures for free public
education among local educational agencies in such
State.]
(1) In general.--A State may reduce State aid to a
local educational agency that receives a payment under
section 8002 or 8003(b) (except the amount calculated
in excess of 1.0 under section 8003(a)(2)(B)) for any
fiscal year if the Secretary determines, and certifies
under subsection (c)(3)(A), that the State has in
effect a program of State aid that equalizes
expenditures for free public education among local
educational agencies in the State.
* * * * * * *
(d) Treatment of State Aid.--
(1) In general.--If a State has in effect a program
of State aid for free public education for any fiscal
year, which is designed to equalize expenditures for
free public education among the local educational
agencies of that State, payments under this title [or
under the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving
America's Schools Act of 1994)] for any fiscal year may
be taken into consideration by such State in
determining the relative--
* * * * * * *
(B) financial need of such agencies for the
provision of free public education for children
served by such agency, except that a State may
consider as local resources funds received
under the title [or under the Act of September
30, 1950 (Public Law 874, 81st Congress) (as
such Act was in effect on the day preceding the
date of enactment of the Improving America's
Schools Act of 1994)] only in proportion to the
share that local tax revenues covered under a
State equalization program are of total local
tax revenues.
(2) Prohibition.--A State may not take into
consideration payments under this title [or under the
Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving
America's Schools Act of 1994)] before such State's
program of State aid has been certified by the
Secretary under subsection (c)(3).
* * * * * * *
SEC. 8010. [20 U.S.C. 7710] FEDERAL ADMINISTRATION.
(a) Payments in Whole Dollar Amounts.--* * *
* * * * * * *
(c) Special Rules.--
[(1) Certain children eligible under subsection (a)
or (b) of section 3 of public law 81-874.--
Notwithstanding any other provision of law, for any
fiscal year before fiscal year 1995, the Secretary
shall treat as eligible under subsection (a) or (b) of
section 3 of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such subsection was in effect
on the day preceding the date of enactment of the
Improving America's Schools Act of 1994), and shall
forgive the obligation of a local educational agency to
repay any amounts that such agency received under such
section for such fiscal year based on, any child who
would be eligible under such subsections except that
such child does not meet the requirements of subsection
(a)(1)(B) or (b)(2)(B), respectively, of such section
3, if such child meets the requirements of paragraph
(3) of this subsection.]
[2] (1) Certain children eligible under subparagraphs
(a) and (g)(ii) of section 8003(a)(1).--(A) The
Secretary shall treat as eligible under subparagraph
(A) of section 8003(a)(1) any child who would be
eligible under such subparagraph except that the
Federal property on which the child resides or on which
the child's parent is employed is not in the same State
in which the child attends school, if such child meets
the requirements of [paragraph (3)] paragraph (2) of
this subsection.
(B) The Secretary shall treat as eligible under
subparagraph (G) of section 8003(a)(1) any child who
would be eligible under such subparagraph except that
such child does not meet the requirements of clause
(ii) of such subparagraph, if such child meets the
requirements of [paragraph (3)] paragraph (2) of this
subsection.
[(3)] (2) Requirements.--A child meets the
requirements of this paragraph if--
(A) such child resides--
* * * * * * *
(D) the State in which such child attends
school provides funds for the education of such
child on the same basis as all other public
school children in the State, unless otherwise
permitted under [section 5(d)(2) of the Act of
September 30, 1950 (Public Law 874, 81st
Congress) (as such section was in effect on the
day preceding the date of enactment of the
Improving America's Schools Act of 1994) or]
section 8009(b) of this title; and
(E) such agency received a payment for fiscal
year [1994] 1999 under section 8003(b) [(or
such section's predecessor authority)] on
behalf of children described in [paragraph (2)]
paragraph (1).
SEC. 8011. [20 U.S.C. 7711] ADMINISTRATIVE HEARINGS AND JUDICIAL
REVIEW.
(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title or under [the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in effect
on the day preceding the date of enactment of the Improving
America's Schools Act of 1994)] this title's predecessor
authorities shall be entitled to a hearing on such action in
the same manner as if such agency were a person under chapter 5
of title 5, United States Code, if a request for such hearing
is submitted to the Secretary by the affected local educational
agency or State educational agency not later than 60 days after
receiving notice that such action has occurred.
* * * * * * *
SEC. 8012. [20 U.S.C. 7712] FORGIVENESS OF OVERPAYMENTS.
Notwithstanding any other provision of law, the Secretary
may forgive the obligation of a local educational agency to
repay, in whole or in part, the amount of any overpayment
received under this title, or [under the Act of September 30,
1950 (Public Law 874, 81st Congress) or the Act of September
23, 1950 (Public Law 815, 81st Congress) (as such Acts were in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994)] under this title's
predecessor authorities, if the Secretary determines that the
overpayment was made as a result of an error made by--
* * * * * * *
SEC. 8012A. APPLICABILITY TO THIS TITLE.
Part B of title IV, parts D, E, and F of title VI, and part
A of title X, shall not apply to this title.
SEC. 8013. [20 U.S.C. 7713] DEFINITIONS.
For purposes of this title:
(1) Armed forces.--* * *
* * * * * * *
(4) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education, 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 does not include expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds awarded under part A of
title I and [title VI] part A of title VI. The
determination of whether an expenditure for the
replacement of equipment is considered a current
expenditure or a capital outlay shall be determined in
accordance with generally accepted accounting
principles as determined by the State.
* * * * * * *
(iii)(I) part of a [low-rent] low-
income housing project assisted under
the United States Housing Act of 1937;
[or]
* * * * * * *
(III) used for affordable
housing assisted under the
Native American Housing
Assistance and Self-
Determination Act of 1996; or
* * * * * * *
(F) Property located in the state of oklahoma
owned by indian housing authority for low-
income housing.--The term ``Federal property''
includes any real property located in the State
of Oklahoma that--
(i) is owned by an Indian housing
authority and used for low-income
housing (including housing assisted
under [the mutual help ownership
opportunity program under section 202
of the United States Housing Act of
1937] or authorized by the Native
American Housing Assistance and Self-
Determination Act of 1996); and
* * * * * * *
(8) * * *
* * * * * * *
(A) * * *
* * * * * * *
(B) Hawaii and district of columbia.--
Notwithstanding subparagraph (A), the local
contribution percentage for Hawaii and for the
District of Columbia shall be the average local
contribution percentage for [all States] the 50
States and the District of Columbia.
(9) * * *
* * * * * * *
(i) was constituted or reconstituted
primarily for the purpose of receiving
assistance under this title or [the Act
of September 30, 1950 (Public Law 874,
81st Congress) (as such Act was in
effect on the day preceding the date of
enactment of the Improving America's
Schools Act of 1994)] (or under this
title's predecessor authorities) or
increasing the amount of such
assistance; or
* * * * * * *
(11) Modernization.--The term ``modernization'' means
repair, renovation, alteration, or construction,
including--
(A) the concurrent installation of equipment;
and
(B) the complete or partial replacement of an
existing school facility, but only if such
replacement is less expensive and more cost-
effective than repair, renovation, or
alteration of the school facility.
[(11)] (12) Revenue derived from local sources.--The
term ``revenue derived from local sources'' means--
(A) revenue produced within the boundaries of
a local educational agency and available to
such agency for such agency's use; or
(B) funds collected by another governmental
unit, but distributed back to a local
educational agency in the same proportion as
such funds were collected as a local revenue
source.
[(12)] (13) School facilities.--The term ``school
facilities'' includes--
[(A) classrooms and related facilities; and]
(A) a classroom, laboratory, library, media
center, or related facility, the primary
purpose of which is the instruction of public
elementary school or secondary school students;
and
(B) equipment, machinery, and utilities
necessary or appropriate for school purposes.
SEC. 8014. [20 U.S.C. 7714] AUTHORIZATION OF APPROPRIATIONS.
(a) Payments for Federal Acquisition of Real Property.--For
the purpose of making payments under section 8002, there are
authorized to be appropriated [$16,750,000 for fiscal year
1995] $35,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.
[(b) Basic Payments; Payments for Heavily Impacted local
Educational Agencies.--For the purpose of making payments under
subsections (b) and (f) of section 8003, there are authorized
to be appropriated $775,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the four succeeding fiscal
years, of which 6 percent shall be available, until expended,
for each such fiscal year to carry out section 8003(f).]
(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments under
subsection (b) of section 8003, there are authorized to be
appropriated $875,000,000 for fiscal year 2001 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8003(d), there are
authorized to be appropriated [$45,000,000 for fiscal year
1995] $60,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the four succeeding fiscal years.
[(d) Payments for Increases in Military Children.--For the
purpose of making payments under section 8006, there are
authorized to be appropriated $2,000,000 for fiscal year 1995
and such sums as may be necessary for each of the four
succeeding fiscal years.]
[(e)] (d) Construction and Facility Modernization.--For the
purpose of carrying out [section 8007] sections 8007 and 8007A,
there are authorized to be appropriated [$25,000,000 for fiscal
year 1995] $62,500,000 for fiscal year 2001 and such sums as
may be necessary for each of the four succeeding fiscal years.
[(f)] (e) Facilities Maintenance.--For the purpose of
carrying out section 8008, there are authorized to be
appropriated [$2,000,000 for fiscal year 1995] $7,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the four succeeding fiscal years.
[(g)] (f) Additional Assistance for Certain Federal
Property Local Educational Agencies.--For the purpose of
carrying out section 8002(j) there are authorized to be
appropriated [such sums as are necessary beginning in fiscal
year 1998 and for each succeeding fiscal year] $500,000 for
fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
[TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
[PART A--INDIAN EDUCATION
[SEC. 9101. [20 U.S.C. 7801] FINDINGS.
[The Congress finds that--
[(1) the Federal Government has a special
responsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults--
[(A) are based on high-quality,
internationally competitive content standards
and student performance standards and build on
Indian culture and the Indian community;
[(B) assist local educational agencies,
Indian tribes, and other entities and
individuals in providing Indian students the
opportunity to achieve such standards; and
[(C) meet the special educational and
culturally related academic needs of American
Indian and Alaska Native students;
[(2) since the date of enactment of the initial
Indian Education Act in 1972, the level of involvement
of Indian parents in the planning, development, and
implementation of educational programs that affect such
parents and their children has increased significantly,
and schools should continue to foster such involvement;
[(3) although the number of Indian teachers,
administrators, and university professors has increased
since 1972, teacher training programs are not
recruiting, training, or retraining a sufficient number
of Indian individuals as educators to meet the needs of
a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
[(4) the dropout rate for Indian students is
unacceptably high, for example, 9 percent of Indian
students who were eighth graders in 1988 had already
dropped out of school by 1990;
[(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below the
poverty level increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is
hampered by the high incidence of poverty,
unemployment, and health problems among Indian children
and their families; and
[(6) research related specifically to the education
of Indian children and adults is very limited, and much
of the research is of poor quality or is focused on
limited local or regional issues.
[SEC. 9102. [20 U.S.C. 7802] PURPOSE.
[(a) Purpose.--It is the purpose of this part to support the
efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the special educational and culturally related academic
needs of American Indians and Alaska Natives, so that such
students can achieve to the same challenging State performance
standards expected of all students.
[(b) Programs.--This part carries out the purpose described
in subsection (a) by authorizing programs of direct assistance
for--
[(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska
Natives;
[(2) the education of Indian children and adults;
[(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
[(4) research, evaluation, data collection, and
technical assistance.
[Subpart 1--Formula Grants to Local Educational Agencies
[SEC. 9111. [20 U.S.C. 7811] PURPOSE.
[It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary and
secondary school programs that serve Indian students in order
to ensure that such programs--
[(1) are based on challenging State content standards
and State student performance standards that are used
for all students; and
[(2) are designed to assist Indian students meet
those standards and assist the Nation in reaching the
National Education Goals.
[SEC. 9112. [20 U.S.C. 7812] GRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) In General.--
[(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
eligible under section 9116 and who were enrolled in
the schools of the agency, and to whom the agency
provided free public education, during the preceding
fiscal year--
[(A) was at least 10; or
[(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
[(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, a reservation.
[(b) Indian Tribes.--
[(1) In general.--If a local educational agency that
is eligible for a grant under this subpart does not
establish a parent committee under section 9114(c)(4)
for such grant, an Indian tribe that represents no less
than one-half of the eligible Indian children who are
served by such local educational agency may apply for
such grant.
[(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this subpart.
[SEC. 9113. [20 U.S.C. 7813] AMOUNT OF GRANTS.
[(a) Amount of Grant Awards.--
[(1) In general.--Except as provided in subsection
(b) and paragraph (2), the Secretary shall allocate to
each local educational agency which has an approved
application under this subpart an amount equal to the
product of--
[(A) the number of Indian children who are
eligible under section 9116 and served by such
agency; and
[(B) the greater of--
[(i) the average per-pupil
expenditure of the State in which such
agency is located; or
[(ii) 80 percent of the average per-
pupil expenditure in the United States.
[(2) Reduction.--The Secretary shall reduce the
amount of each allocation determined under paragraph
(1) in accordance with subsection (e).
[(b) Minimum Grant.--
[(1) In general.--Notwithstanding subsection (e) of
this section, a local educational agency or an Indian
tribe (as authorized under section 9112(b)) that is
eligible for a grant under section 9112, and a school
that is operated or supported by the Bureau of Indian
Affairs that is eligible for a grant under subsection
(d), that submits an application that is approved by
the Secretary, shall, subject to appropriations,
receive a grant under this subpart in an amount that is
not less than $3,000.
[(2) Consortia.--Local educational agencies may form
a consortium for the purpose of obtaining grants under
this Act.
[(3) Increase.--The Secretary may increase the
minimum grant under paragraph (1) to not more than
$4,000 for all grantees if the Secretary determines
such increase is necessary to ensure quality programs.
[(c) Definition.--For the purpose of this section, the term
``average per-pupil expenditure of a State'' means an amount
equal to--
[(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
[(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
[(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--In addition to the grants awarded under subsection
(a), and subject to paragraph (2), the Secretary shall allocate
to the Secretary of the Interior an amount equal to the product
of--
[(1) the total number of Indian children enrolled in
schools that are operated by--
[(A) the Bureau of Indian Affairs; or
[(B) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of such tribe
under a contract with, or grant from, the
Department of the Interior under the Indian
Self-Determination Act or the Tribally
Controlled Schools Act of 1988 (part B of title
V of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement
Amendments of 1988); and
[(2) the greater of--
[(A) the average per-pupil expenditure of the
State in which the school is located; or
[(B) 80 percent of the average per-pupil
expenditure in the United States.
[(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 9162(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
[SEC. 9114. [20 U.S.C. 7814] APPLICATIONS.
[(a) Application Required.--Each local educational agency
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
[(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a comprehensive
program for meeting the needs of Indian children served by the
local educational agency, including the language and cultural
needs of the children, that--
[(1) provides programs and activities to meet the
culturally related academic needs of American Indian
and Alaska Native students;
[(2)(A) is consistent with, and promotes the goals
in, the State and local improvement plans, either
approved or being developed, under title III of the
Goals 2000: Educate America Act or, if such plans are
not approved or being developed, with the State and
local plans under sections 1111 and 1112 of this Act;
and
[(B) includes academic content and student
performance goals for such children, and benchmarks for
attaining such goals, that are based on the challenging
State standards adopted under title I for all children;
[(3) explains how Federal, State, and local programs,
especially under title I, will meet the needs of such
students;
[(4) demonstrates how funds made available under this
subpart will be used for activities described in
section 9115;
[(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
[(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
[(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
[(6) describes how the local educational agency--
[(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this subpart, in meeting the
goals described in paragraph (2);
[(B) will provide the results of each
assessment referred to in subparagraph (A) to--
[(i) the committee of parents
described in subsection (c)(4); and
[(ii) the community served by the
local educational agency; and
[(C) is responding to findings of any
previous assessments that are similar to the
assessments described in subparagraph (A).
[(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
[(1) the local educational agency will use funds
received under this subpart only to supplement the
level of funds that, in the absence of the Federal
funds made available under this subpart, such agency
would make available for the education of Indian
children, and not to supplant such funds;
[(2) the local educational agency will submit such
reports to the Secretary, in such form and containing
such information, as the Secretary may require to--
[(A) carry out the functions of the Secretary
under this subpart; and
[(B) determine the extent to which funds
provided to the local educational agency under
this subpart are effective in improving the
educational achievement of Indian students
served by such agency;
[(3) the program for which assistance is sought--
[(A) is based on a local assessment and
prioritization of the special educational and
culturally related academic needs of the
American Indian and Alaska Native students for
whom the local educational agency is providing
an education;
[(B) will use the best available talents and
resources, including individuals from the
Indian community; and
[(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
public hearings held by such agency to provide
the individuals described in this subparagraph
a full opportunity to understand the program
and to offer recommendations regarding the
program; and
[(4) the local educational agency developed the
program with the participation and written approval of
a committee--
[(A) that is composed of, and selected by--
[(i) parents of Indian children in
the local educational agency's schools
and teachers; and
[(ii) if appropriate, Indian students
attending secondary schools;
[(B) the membership of which is at least more
than one-half parents of Indian children;
[(C) that sets forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
[(D) with respect to an application
describing a schoolwide program in accordance
with section 9115(c), has--
[(i) reviewed in a timely fashion the
program; and
[(ii) determined that the program
will not diminish the availability of
culturally related activities for
American Indians and Alaskan Native
students; and
[(E) has adopted reasonable bylaws for the
conduct of the activities of the committee and
abides by such bylaws.
[SEC. 9115. [20 U.S.C. 7815] AUTHORIZED SERVICES AND ACTIVITIES.
[(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with the purpose specified in
section 9111, for services and activities that--
[(1) are designed to carry out the comprehensive plan
of the local educational agency for Indian students,
and described in the application of the local
educational agency submitted to the Secretary under
section 9114(b);
[(2) are designed with special regard for the
language and cultural needs of the Indian students; and
[(3) supplement and enrich the regular school program
of such agency.
[(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
[(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
[(2) early childhood and family programs that
emphasize school readiness;
[(3) enrichment programs that focus on problem-
solving and cognitive skills development and directly
support the attainment of challenging State content
standards and State student performance standards;
[(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
[(5) school-to-work transition activities to enable
Indian students to participate in programs such as the
programs supported by the School-to-Work Opportunities
Act of 1994 and the Carl D. Perkins Vocational and
Technical Education Act of 1998, including programs for
tech-prep, mentoring, and apprenticeship;
[(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse; and
[(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purpose described in section 9111.
[(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds made
available to such agency under this subpart to support a
schoolwide program under section 1114 if--
[(1) the committee composed of parents established
pursuant to section 9114(c)(4) approves the use of the
funds for the schoolwide program; and
[(2) the schoolwide program is consistent with the
purpose described in section 9111.
[SEC. 9116. [20 U.S.C. 7816] STUDENT ELIGIBILITY FORMS.
[(a) In General.--The Secretary shall require that, as part
of an application for a grant under this subpart, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this subpart and that
otherwise meets the requirements of subsection (b).
[(b) Forms.--
[(1) In general.--The form described in subsection
(a) shall include--
[(A) either--
[(i)(I) the name of the tribe or band
of Indians (as defined in section
9161(4)) with respect to which the
child claims membership;
[(II) the enrollment number
establishing the membership of the
child (if readily available); and
[(III) the name and address of the
organization that maintains updated and
accurate membership data for such tribe
or band of Indians; or
[(ii) if the child is not a member of
a tribe or band of Indians, the name,
the enrollment number (if readily
available), and the organization (and
address thereof) responsible for
maintaining updated and accurate
membership rolls of any parent or
grandparent of the child from whom the
child claims eligibility;
[(B) a statement of whether the tribe or band
of Indians with respect to which the child,
parent or grandparent of the child claims
membership is federally recognized;
[(C) the name and address of the parent or
legal guardian of the child;
[(D) a signature of the parent or legal
guardian of the child that verifies the
accuracy of the information supplied; and
[(E) any other information that the Secretary
considers necessary to provide an accurate
program profile.
[(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the
amount of a grant award made under section 9113, an
eligibility form prepared pursuant to this section for
a child shall include--
[(A) the name of the child;
[(B) the name of the tribe or band of Indians
(as defined in section 9161(4)) with respect to
which the child claims eligibility; and
[(C) the dated signature of the parent or
guardian of the child.
[(3) Failure.--The failure of an applicant to furnish
any information described in this subsection other than
the information described in paragraph (2) with respect
to any child shall have no bearing on the determination
of whether the child is an eligible Indian child for
the purposes of determining the amount of a grant award
made under section 9113.
[(c) Statutory Construction.--Nothing in this section shall
be construed to affect a definition contained in section 9161.
[(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-1986 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
[(1) to establish such eligibility; and
[(2) to meet the requirements of subsection (a).
[(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant under section 9113, the membership of the
child, or any parent or grandparent of the child, in a tribe or
band of Indians may be established by proof other than an
enrollment number, notwithstanding the availability of an
enrollment number for a member of such tribe or band. Nothing
in subsection (b) shall be construed to require the furnishing
of an enrollment number.
[(f) Monitoring and Evaluation Review.--
[(1) In general.--(A) For each fiscal year, in order
to provide such information as is necessary to carry
out the responsibility of the Secretary to provide
technical assistance under this subpart, the Secretary
shall conduct a monitoring and evaluation review of a
sampling of the recipients of grants under this
subpart. The sampling conducted under this subparagraph
shall take into account size of the local educational
agency and the geographic location of such agency.
[(B) A local educational agency may not be held
liable to the United States or be subject to any
penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of
submission, of any forms used to establish, before
April 28, 1988, the eligibility of a child for
entitlement under the Indian Elementary and Secondary
School Assistance Act.
[(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this subpart shall--
[(A) be ineligible to apply for any other
grant under this subpart; and
[(B) be liable to the United States for any
funds that have not been expended.
[(3) Excluded children.--A student who provides false
information for the form required under subsection (d)
shall not be counted for the purpose of computing the
amount of a grant under section 9113.
[(g) Distribution.--For the purposes of the distribution of
funds under this subpart to schools that receive funding from
the Bureau of Indian Affairs pursuant to--
[(1) section 1130 of the Education Amendments of
1978; and
[(2) the Act of April 16, 1934 (48 Stat. 596, chapter
147),
the Secretary shall, in lieu of meeting the requirements of
this section for counting Indian children, use a count of the
number of students in such schools certified by the Bureau of
Indian Affairs.
[SEC. 9117. [20 U.S.C. 7817] PAYMENTS.
[(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this subpart the amount determined under section 9113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
[(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this subpart to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this subpart (or under
subpart 1 of the Indian Education Act of 1988) in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
[(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
[(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 9113 for any fiscal year
unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, that the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis was not less
than 90 percent of the amount of the combined fiscal
effort, computed on the same basis, for the second
preceding fiscal year.
[(2) Failure.--If, for any fiscal year, the Secretary
determines that a local educational agency failed to
maintain the fiscal effort of such agency at the level
specified in paragraph (1), the Secretary shall--
[(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of such
agency's failure to maintain its fiscal effort
at such level; and
[(B) not use the reduced amount of the
agency's expenditures for the preceding year to
determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
[(3) Waiver.--(A) The Secretary may waive the
requirement of paragraph (1), for not more than one
year at a time, if the Secretary determines that the
failure to comply with such requirement is due to
exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen
decline in the agency's financial resources.
[(B) The Secretary shall not use the reduced amount
of such agency's expenditures for the fiscal year
preceding the fiscal year for which a waiver is granted
to determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the amount of
expenditures that would have been required to comply
with paragraph (1) in the absence of the waiver.
[(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
[(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
[(2) otherwise become available for reallocation
under this subpart.
[SEC. 9118. [20 U.S.C. 7818] STATE EDUCATIONAL AGENCY REVIEW.
[(a) Application.--Each entity desiring assistance 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 except that this subsection
shall not apply to Bureau-funded schools.
[(b) Special Rule.--Before submitting an application under
subsection (a) to the Secretary, the entity shall submit its
application to the State educational agency. The State
educational agency may comment on such application, however if
such agency comments on such application such agency shall
comment on all applications submitted by entities within the
State and shall provide such comments to the appropriate local
educational agency, which local educational agency shall be
given an opportunity to respond to such comments.
[Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
[SEC. 9121. [20 U.S.C. 7831] IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES
FOR INDIAN CHILDREN.
[(a) Purpose.--
[(1) In general.--It is the purpose of this section
to support projects to develop, test, and demonstrate
the effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
[(2) Coordination.--The Secretary shall take such
actions as are necessary to achieve the coordination of
activities assisted under this subpart with--
[(A) other programs funded under this Act;
and
[(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
[(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means a State educational agency,
local educational agency, Indian tribe, Indian organization,
federally supported elementary and secondary school for Indian
students, Indian institution, including an Indian institution
of higher education, or a consortium of such institutions.
[(c) Grants Authorized.--
[(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in
subsection (a)(1), including--
[(A) innovative programs related to the
educational needs of educationally deprived
children;
[(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in one or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
[(C) bilingual and bicultural programs and
projects;
[(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
[(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of secondary
school graduation;
[(F) comprehensive guidance, counseling, and
testing services;
[(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
[(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the post-secondary
level to aid such students in the transition
from secondary school to postsecondary
education;
[(I) partnership projects between schools and
local businesses for school-to-work transition
programs designed to provide Indian youth with
the knowledge and skills the youth need to make
an effective transition from school to a first
job in a high-skill, high-wage career;
[(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher
education; or
[(K) other services that meet the purpose
described in subsection (a)(1).
[(2) Preservice or inservice training.--Preservice or
inservice training of professional and paraprofessional
personnel may be a part of any program assisted under
this section.
[(d) Grant Requirements and Applications.--
[(1) Grant requirements.--(A) The Secretary may make
multiyear grants under this section for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not
to exceed 5 years.
[(B) In making multiyear grants under this section,
the Secretary shall give priority to applications that
present a plan for combining two or more of the
activities described in subsection (c) over a period of
more than 1 year.
[(C) The Secretary shall make a grant payment to an
eligible entity after the initial year of the multiyear
grant only if the Secretary determines that the
eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (2) and any subsequent modifications to such
application.
[(D)(i) In addition to awarding the multiyear grants
described in subparagraph (A), the Secretary may award
grants to eligible entities for the dissemination of
exemplary materials or programs assisted under this
section.
[(ii) The Secretary may award a dissemination grant
under this subparagraph if, prior to awarding the
grant, the Secretary determines that the material or
program to be disseminated has been adequately reviewed
and has a demonstrated--
[(I) educational merit; and
[(II) the ability to be replicated.
[(2) Application.--(A) Any eligible entity that
desires to receive a grant under this subsection shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
[(B) Each application submitted to the Secretary
under subparagraph (A) shall contain--
[(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which
assistance is sought;
[(ii) assurances that the applicant will
participate, at the request of the Secretary,
in any national evaluation of activities
assisted under this section; and
[(iii) such other assurances and information
as the Secretary may reasonably require.
[SEC. 9122. [20 U.S.C. 7832] PROFESSIONAL DEVELOPMENT.
[(a) Purposes.--The purposes of this section are--
[(1) to increase the number of qualified Indian
individuals in professions that serve Indian people;
[(2) to provide training to qualified Indian
individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
[(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
[(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means--
[(1) an institution of higher education, including an
Indian institution of higher education;
[(2) a State or local educational agency, in
consortium with an institution of higher education; and
[(3) an Indian tribe or organization, in consortium
with an institution of higher education.
[(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications approved
under this section to enable such entities to carry out the
activities described in subsection (d).
[(d) Authorized Activities.--
[(1) In general.--Grant funds under this section
shall be used to provide support and training for
Indian individuals in a manner consistent with the
purposes of this section. Such activities may include
but are not limited to, continuing programs, symposia,
workshops, conferences, and direct financial support.
[(2) Special rules.--(A) For education personnel, the
training received pursuant to a grant under this
section may be inservice or preservice training.
[(B) For individuals who are being trained to enter
any field other than education, the training received
pursuant to a grant under this section shall be in a
program that results in a graduate degree.
[(e) Application.--
[(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time, in such manner and
accompanied by such information, as the Secretary may
reasonably require.
[(2) Preference.--In awarding grants under this
section, the Secretary shall give preference to
applications describing programs that train Indian
individuals.
[(f) Special Rule.--In making grants under this section, the
Secretary--
[(1) shall consider the prior performance of the
eligible entity; and
[(2) may not limit eligibility to receive a grant
under this section on the basis of--
[(A) the number of previous grants the
Secretary has awarded such entity; or
[(B) the length of any period during which
such entity received such grants.
[(g) Grant Period.--Each grant under this section shall be
awarded for a program of not more than 5 years.
[(h) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
[(A) perform work--
[(i) related to the training received
under this section; and
[(ii) that benefits Indian people; or
[(B) repay all or a prorated part of the
assistance received.
[(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning the compliance of such recipient with the
work requirement under paragraph (1).
[SEC. 9123. [20 U.S.C. 7833] FELLOWSHIPS FOR INDIAN STUDENTS.
[(a) Fellowships.--
[(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students
to study in graduate and professional programs at
institutions of higher education.
[(2) Requirements.--The fellowships described in
paragraph (1) shall be awarded to Indian students to
enable such students to pursue a course of study--
[(A) of not more than 4 academic years; and
[(B) that leads--
[(i) toward a postbaccalaureate
degree in medicine, clinical
psychology, psychology, law, education,
and related fields; or
[(ii) to an undergraduate or graduate
degree in engineering, business
administration, natural resources, and
related fields.
[(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to be
consistent with prevailing practices under comparable federally
supported programs.
[(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which a fellowship recipient is pursuing a course of study, in
lieu of tuition charged such recipient, such amounts as the
Secretary may determine to be necessary to cover the cost of
education provided such recipient.
[(d) Special Rules.--
[(1) In general.--If a fellowship awarded under
subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the
Secretary may award an additional fellowship for the
unexpired portion of the period of the fellowship.
[(2) Written notice.--Not later than 45 days before
the commencement of an academic term, the Secretary
shall provide to each individual who is awarded a
fellowship under subsection (a) for such academic term
written notice of--
[(A) the amount of the fellowship; and
[(B) any stipends or other payments that will
be made under this section to, or for the
benefit of, the individual for the academic
term.
[(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a speciality in
the area of alcohol and substance abuse counseling and
education.
[(e) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
[(A) perform work--
[(i) related to the training for
which the individual receives
assistance under this section; and
[(ii) that benefits Indian people; or
[(B) repay all or a prorated portion of such
assistance.
[(2) Reporting procedure.--The Secretary shall
establish, by regulation, a reporting procedure under
which the recipient of training assistance under this
section, not later than 12 months after the date of
completion of the training and periodically thereafter,
shall provide information concerning the compliance of
such recipient with the work requirement under
paragraph (1).
[(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement with,
an Indian organization with demonstrated qualifications to
administer all facets of the program assisted under this
section.
[SEC. 9124. [20 U.S.C. 7834] GIFTED AND TALENTED.
[(a) Program Authorized.--The Secretary is authorized to--
[(1) establish two centers for gifted and talented
Indian students at tribally controlled community
colleges in accordance with this section; and
[(2) support demonstration projects described in
subsection (c).
[(b) Eligible Entities.--The Secretary shall make grants to,
or enter into contracts, for the activities described in
subsection (a), with--
[(1) two tribally controlled community colleges
that--
[(A) are eligible for funding under the
Tribally Controlled Community College
Assistance Act of 1978; and
[(B) are fully accredited; or
[(2) if the Secretary does not receive applications
that the Secretary determines to be approvable from two
colleges thatmeet the requirements of paragraph (1),
the American Indian Higher Education Consortium.
[(c) Use of Funds.--
[(1) In general.--The grants made, or contracts
entered into, by the Secretary under subsection (a)
shall be used for--
[(A) the establishment of centers described
in subsection (a); and
[(B) carrying out demonstration projects
designed to--
[(i) address the special needs of
Indian students in elementary and
secondary schools who are gifted and
talented; and
[(ii) provide such support services
to the families of the students
described in clause (i) as are needed
to enable such students to benefit from
the projects.
[(2) Subcontracts.--Each recipient of a grant or
contract under subsection (a) may enter into a contract
with any other entity, including the Children's
Television Workshop, to carry out the demonstration
project under this subsection.
[(3) Demonstration projects.--Demonstration projects
assisted under subsection (a) may include--
[(A) the identification of the special needs
of gifted and talented Indian students,
particularly at the elementary school level,
giving attention to--
[(i) the emotional and psychosocial
needs of such students; and
[(ii) providing such support services
to the families of such students as are
needed to enable such students to
benefit from the project;
[(B) the conduct of educational,
psychosocial, and developmental activities that
the Secretary determines holds a reasonable
promise of resulting in substantial progress
toward meeting the educational needs of such
gifted and talented children, including but not
limited to--
[(i) demonstrating and exploring the
use of Indian languages and exposure to
Indian cultural traditions; and
[(ii) mentoring and apprenticeship
programs;
[(C) the provision of technical assistance
and the coordination of activities at schools
that receive grants under subsection (d) with
respect to the activities assisted under such
grants, the evaluation of programs assisted
under such grants, or the dissemination of such
evaluations;
[(D) the use of public television in meeting
the special educational needs of such gifted
and talented children;
[(E) leadership programs designed to
replicate programs for such children throughout
the United States, including disseminating
information derived from the demonstration
projects conducted under subsection (a); and
[(F) appropriate research, evaluation, and
related activities pertaining to the needs of
such children and to the provision of such
support services to the families of such
children that are needed to enable such
children to benefit from the project.
[(4) Application.--Each entity desiring a grant under
subsection (a) shall submit an application to the
Secretary at such time and in such manner as the
Secretary may prescribe.
[(d) Additional Grants.--
[(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall award 5 grants to
schools funded by the Bureau of Indian Affairs
(hereafter in this section referred to as ``Bureau
schools'') for program research and development and the
development and dissemination of curriculum and teacher
training material, regarding--
[(A) gifted and talented students;
[(B) college preparatory studies (including
programs for Indian students with an interest
in pursuing teaching careers);
[(C) students with special culturally related
academic needs, including students with social,
lingual, and cultural needs; or
[(D) mathematics and science education.
[(2) Applications.--Each Bureau school desiring a
grant to conduct one or more of the activities
described in paragraph (1) shall submit an application
to the Secretary in such form and at such time as the
Secretary may prescribe.
[(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under
this subsection shall be administered, jointly by the
supervisor of the Bureau school and the local
educational agency serving such school.
[(4) Requirements.--In awarding grants under
paragraph (1), the Secretary shall achieve a mixture of
the programs described in paragraph (1) that ensures
that Indian students at all grade levels and in all
geographic areas of the United States are able to
participate in a program assisted under this
subsection.
[(5) Grant period.--Subject to the availability of
appropriations, grants under paragraph (1) shall be
awarded for a 3-year period and may be renewed by the
Secretary for additional 3-year periods if the
Secretary determines that the performance of the grant
recipient has been satisfactory.
[(6) Dissemination.--(A) The dissemination of any
materials developed from activities assisted under
paragraph (1) shall be carried out in cooperation with
entities that receive funds pursuant to subsection (b).
[(B) The Secretary shall report to the Secretary of
the Interior and to the Congress any results from
activities described in paragraph (3)(B).
[(7) Evaluation costs.--(A) The costs of evaluating
any activities assisted under paragraph (1) shall be
divided between the Bureau schools conducting such
activities and the recipients of grants or contracts
under subsection (b) who conduct demonstration projects
under such subsection.
[(B) If no funds are provided under subsection (b)
for--
[(i) the evaluation of activities assisted
under paragraph (1);
[(ii) technical assistance and coordination
with respect to such activities; or
[(iii) the dissemination of the evaluations
referred to in clause (i),
then the Secretary shall make such grants, or enter
into such contracts, as are necessary to provide for
the evaluations, technical assistance, and coordination
of such activities, and the dissemination of the
evaluations.
[(e) Information Network.--The Secretary shall encourage each
recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is
readily available to the entire educational community.
[SEC. 9125. [20 U.S.C. 7835] GRANTS TO TRIBES FOR EDUCATION
ADMINISTRATIVE PLANNING AND DEVELOPMENT.
[(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
[(1) coordinate all education programs operated by
the tribe or within the territorial jurisdiction of the
tribe;
[(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
[(3) provide support services and technical
assistance to schools serving children of the tribe;
and
[(4) perform child-find screening services for the
preschool-aged children of the tribe to--
[(A) ensure placement in appropriate
educational facilities; and
[(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
[(b) Period of Grant.--Each grant under this section may be
awarded for a period of not more than 3 years, except that such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
[(c) Application for Grant.--
[(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities to
be conducted, and the objectives to be
achieved, under the grant; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether such objectives are
achieved.
[(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
[(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
[(B) provides for consultation with such
other education entities in the operation and
evaluation of the activities conducted under
the grant; and
[(C) demonstrates that there will be adequate
resources provided under this section or from
other sources to complete the activities for
which assistance is sought, except that the
availability of such other resources shall not
be a basis for disapproval of such application.
[(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Indian Education Amendments of 1978.
[(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Education $3,000,000
for each of the fiscal years 1995 through 1999 to carry out
this section.
[Subpart 3--Special Programs Relating to Adult Education for Indians
[SEC. 9131. [20 U.S.C. 7851] IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES
FOR ADULT INDIANS.
[(a) In General.--The Secretary shall award grants to State
and local educational agencies, and to Indian tribes,
institutions, and organizations--
[(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
[(2) to assist in the establishment and operation of
programs that are designed to stimulate--
[(A) basic literacy opportunities for all
nonliterate Indian adults; and
[(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
[(3) to support a major research and development
program to develop more innovative and effective
techniques for achieving literacy and secondary school
equivalency for Indians;
[(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of
illiteracy and lack of secondary school completion
among Indians; and
[(5) to encourage the dissemination of information
and materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
[(b) Educational Services.--The Secretary may make grants to
Indian tribes, institutions, and organizations to develop
andestablish educational services and programs specifically designed to
improve educational opportunities for Indian adults.
[(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
[(1) the dissemination of information concerning
educational programs, services, and resources available
to Indian adults, including evaluations of the
programs, services, and resources; and
[(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes
of the programs with respect to Indian adults.
[(d) Applications.--
[(1) In general.--Each entity desiring a grant under
this section shall submit to the Secretary an
application at such time, in such manner, containing
such information, and consistent with such criteria, as
the Secretary may prescribe in regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities to
be conducted, and the objectives to be
achieved, under the grant; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether the objectives of the grant
are achieved.
[(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the
Secretary determines that such application, including
any documentation submitted with the application,
indicates--
[(A) there has been adequate participation,
by the individuals to be served and appropriate
tribal communities, in the planning and
development of the activities to be assisted;
and
[(B) the individuals and tribal communities
referred to in subparagraph (A) will
participate in the operation and evaluation of
the activities to be assisted.
[(4) Priority.--In approving applications under
paragraph (1), the Secretary shall give priority to
applications from Indian educational agencies,
organizations, and institutions.
[Subpart 4--National Research Activities
[SEC. 9141. [20 U.S.C. 7861] NATIONAL ACTIVITIES.
[(a) Authorized Activities.--The Secretary may use funds made
available under section 9162(b) for each fiscal year to--
[(1) conduct research related to effective approaches
for the education of Indian children and adults;
[(2) evaluate federally assisted education programs
from which Indian children and adults may benefit;
[(3) collect and analyze data on the educational
status and needs of Indians; and
[(4) carry out other activities that are consistent
with the purpose of this part.
[(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
[(c) Coordination.--Research activities supported under this
section--
[(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities
supported by the Office; and
[(2) may include collaborative research activities
which are jointly funded and carried out by the Office
of Indian Education and the Office of Educational
Research and Improvement.
[Subpart 5--Federal Administration
[SEC. 9151. [20 U.S.C. 7871] NATIONAL ADVISORY COUNCIL ON INDIAN
EDUCATION.
[(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
[(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
[(2) represent different geographic areas of the
United States.
[(b) Duties.--The Council shall--
[(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
[(A) with respect to which the Secretary has
jurisdiction; and
[(B)(i) that includes Indian children or
adults as participants; or
[(ii) that may benefit Indian children or
adults;
[(2) make recommendations to the Secretary for
filling the position of Director of Indian Education
whenever a vacancy occurs; and
[(3) submit to the Congress, not later than June 30
of each year, a report on the activities of the
Council, including--
[(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
[(B) recommendations concerning the funding
of any program described in subparagraph (A).
[SEC. 9152. [20 U.S.C. 7872] PEER REVIEW.
[The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2, 3, or
4.
[SEC. 9153. [20 U.S.C. 7873] PREFERENCE FOR INDIAN APPLICANTS.
[In making grants under subpart 2, 3, or 4, the Secretary
shall give a preference to Indian tribes, organizations, and
institutions of higher education under any program with respect
to which Indian tribes, organizations, and institutions are
eligible to apply for grants.
[SEC. 9154. [20 U.S.C. 7874] MINIMUM GRANT CRITERIA.
[The Secretary may not approve an application for a grant
under subpart 2 or 3 unless the application is for a grant that
is--
[(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant; and
[(2) based on relevant research findings.
[Subpart 6--Definitions; Authorizations of Appropriations
[SEC. 9161. [20 U.S.C. 7881] DEFINITIONS.
[As used in this part:
[(1) Adult.--The term ``adult'' means an individual
who--
[(A) has attained the age of 16 years; or
[(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
[(2) Adult education.--The term ``adult education''
has the meaning given such term in section 203 of the
Adult Education and Family Literacy Act.
[(3) Free public education.--The term ``free public
education'' means education that is--
[(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
[(4) Indian.--The term ``Indian'' means an individual
who is--
[(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
[(i) any tribe or band terminated
since 1940; and
[(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
[(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
[(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
[(D) an Eskimo, Aleut, or other Alaska
Native; or
[(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as it was in effect the
day preceding the date of enactment of the Act
entitled the ``Improving America's Schools Act
of 1994''.
[SEC. 9162. [20 U.S.C. 7882] AUTHORIZATIONS OF APPROPRIATIONS.
[(a) Subpart 1.--For the purpose of carrying out subpart 1 of
this part, there are authorized to be appropriated to the
Department of Education $61,300,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding
fiscal years.
[(b) Subparts 2 Through 4.--For the purpose of carrying out
subparts 2, 3, and 4 of this part, there are authorized to be
appropriated to the Department of Education $26,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
the four succeeding fiscal years.
[(c) Subpart 5.--For the purpose of carrying out subpart 5 of
this part, there are authorized to be appropriated to the
Department of Education $3,775,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding
fiscal years.
[PART B--NATIVE HAWAIIANS
[SEC. 9201. [20 U.S.C. 7901] SHORT TITLE.
[This part may be cited as the ``Native Hawaiian Education
Act''.
[SEC. 9202. [20 U.S.C. 7902] FINDINGS.
[The Congress finds and declares as follows:
[(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as such by the United States, Britain,
France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
[(2) At the time of the arrival of the first non-
indigenous people in Hawai`i in 1778, the Native
Hawaiian people lived in a highly organized, self-
sufficient subsistence social system based on a
communal land tenure system with a sophisticated
language, culture, and religion.
[(3) A unified monarchial government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawai`i.
[(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawai`i, which was established in 1810 under
Kamehameha I, extended full and complete diplomatic
recognition to the Kingdom of Hawai`i, and entered into
treaties and conventions with the Kingdom of Hawai`i to
govern friendship, commerce and navigation in 1826,
1842, 1849, 1875, and 1887.
[(5) In 1893, the sovereign, independent,
internationally recognized, and indigenous government
of Hawai`i, the Kingdom of Hawai`i, was overthrown by a
small group of non-Hawaiians, including United States
citizens, who were assisted in their efforts by the
United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom of
Hawai`i, the Congress, on behalf of the people of the
United States, apologized to Native Hawaiians for the
overthrow and the deprivationof the rights of Native
Hawaiians to self-determination through Public Law 103-150 (107 Stat.
1510).
[(6) In 1898, the joint resolution entitled ``A Joint
Resolution to provide for annexing the Hawaiian Islands
to the United States'', approved July 7, 1898 (30 Stat.
750), ceded absolute title of all lands held by the
Republic of Hawai`i, including the government and crown
lands of the former Kingdom of Hawai`i, to the United
States, but mandated that revenue generated from these
lands be used ``solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and
other public purposes''.
[(7) By 1919, the Native Hawaiian population had
declined from an estimated 1,000,000 in 1778 to an
alarming 22,600, and in recognition of this severe
decline, the Congress in 1921 enacted the Hawaiian
Homes Commission Act, 1920, which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
[(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, the Congress affirmed the special
relationship between the United States and the Native
Hawaiians, as expressed by then Secretary of the
Interior Franklin K. Lane, who was quoted in the
committee report for the Hawaiian Homes Commission Act,
1920, as saying: ``One thing that impressed me . . .
was the fact that the natives of the island who are our
wards, I should say, and for whom in a sense we are
trustees, are falling off rapidly in numbers and many
of them are in poverty.''.
[(9) In 1938, the United States Congress again
acknowledged the unique status of the Hawaiian people
by including in the Act of June 20, 1938 (52 Stat. 781
et seq.), a provision to lease lands within the
National Parks extension to Native Hawaiians and to
permit fishing in the area ``only by native Hawaiian
residents of said area or of adjacent villages and by
visitors under their guidance.''.
[(10) Under the Act entitled ``An Act to provide for
the admission of the State of Hawai`i into the Union''
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of
the Hawaiian Home Lands to the State of Hawai`i but
reaffirmed the trust relationship which existed between
the United States and the Hawaiian people by retaining
the exclusive power to enforce the trust, including the
power to approve land exchanges and legislative
amendments affecting the rights of beneficiaries under
such Act.
[(11) In 1959, under the Act entitled ``An Act to
provide for the admission of the State of Hawai`i into
the Union'', approved March 18, 1959 (73 Stat. 4), the
United States ceded to the State of Hawai`i title to
the public lands formerly held by the United States,
but mandated that such lands be held by the State ``in
public trust' and reaffirmed the special relationship
which existed between the United States and the
Hawaiian people by retaining the legal responsibility
to enforce the public trust responsibility of the State
of Hawai`i for the betterment of the conditions of
Native Hawaiians, as defined in section 201(a) of the
Hawaiian Homes Commission Act, 1920.
[(12) The United States assumed special
responsibilities for Native Hawaiian lands and
resources at the time of the annexation of the
Territory in 1898, upon adoption of the Hawaiian Homes
Commission Act, 1920, and upon admission of the State
of Hawai`i into the Union in 1959, and has retained
certain of those responsibilities.
[(13) In recognition of the special relationship
which exists between the United States and the Native
Hawaiian people, the Congress has extended to Native
Hawaiians the same rights and privileges accorded to
American Indian, Alaska Native, Eskimo, and Aleut
communities under the Native American Programs Act of
1974, the American Indian Religious Freedom Act, the
National Museum of the American Indian Act, the Native
American Graves Protection and Repatriation Act, the
National Historic Preservation Act, and the Native
American Languages Act.
[(14) In recognition of the special relationship
which exists between the United States and the Native
Hawaiian people, the Congress has enacted numerous
special provisions of law for the benefit of Native
Hawaiians in the areas of health, education, labor, and
housing.
[(15) In 1981, the Senate instructed the Office of
Education to submit to the Congress a comprehensive
report on Native Hawaiian education. The report,
entitled the ``Native Hawaiian Educational Assessment
Project'', was released in 1983 and documented that
Native Hawaiians scored below parity with national
norms on standardized achievement tests, were
disproportionately represented in many negative social
and physical statistics, indicative of special
educational needs, and had educational needs which were
related to their unique cultural situation, such as
different learning styles and low self-image.
[(16) In recognition of the educational needs of
Native Hawaiians, in 1988, the Congress enacted title
IV of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments
of 1988 to authorize and develop supplemental
educational programs to benefit Native Hawaiians.
[(17) In 1993, the Kamehameha Schools Bishop Estate
released a ten-year update of the Native Hawaiian
Educational Assessment Project, which found that
despite the successes of the programs established under
title IV of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments
of 1988, many of the same educational needs still exist
for Native Hawaiians. For example--
[(A) educational risk factors continue to
start even before birth for many Native
Hawaiian children, including--
[(i) late or no prenatal care;
[(ii) half of Native Hawaiian women
who give birth are unmarried; and
[(iii) high rates of births to
teenage parents;
[(B) Native Hawaiian students continue to
begin their school experience lagging behind
other students in terms of readiness factors
such as vocabulary test scores;
[(C) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests at all grade
levels;
[(D) both public and private schools continue
to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
[(E) Native Hawaiian students continue to be
overrepresented among students qualifying for
special education programs provided to students
with learning disabilities, mild mental
retardation, emotional impairment, and other
such disabilities;
[(F) Native Hawaiians continue to be
underrepresented in institutions of higher
education and among adults who have completed
four or more years of college;
[(G) Native Hawaiians continue to be
disproportionately represented in many negative
social and physical statistics, indicative of
special educational needs, for example--
[(i) Native Hawaiian students are
more likely to be retained in grade
level and to be excessively absent in
secondary school;
[(ii) Native Hawaiian students are
the highest users of drugs and alcohol
in the State of Hawai`i; and
[(iii) Native Hawaiian children
continue to be disproportionately
victimized by child abuse and neglect;
and
[(H) Native Hawaiians now comprise over 23
percent of the students served by the State of
Hawai`i Department of Education and there are
and will continue to be geographically rural,
isolated areas with a high Native Hawaiian
population density.
[(18) The findings described in paragraphs (1)
through (17) are contrary to the high rate of literacy
and integration of traditional culture and Western
education achieved by Native Hawaiians through a
Hawaiian language-based public school system
established in 1840 by Kamehameha III.
[(19) After the overthrow of the Kingdom of Hawai`i
in 1893, Hawaiian medium schools were banned. After
annexation, throughout the territorial and statehood
period, and until 1986, use of Hawaiian as a medium of
education in public schools was declared unlawful,
thereby causing incalculable harm to a culture that
placed a very high value on the power of language, as
exemplified in the traditional saying: ``I ka ``olelo
no ke ola; I ka ``olelo no ka make. In the language
rests life; In the language rests death.''.
[(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory, and their
cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
[(21) The State of Hawai`i, in the constitution and
statutes of the State of Hawai`i--
[(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language; and
[(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawai`i, which may be
used as the language of instruction for all
subjects and grades in the public school
system.
[SEC. 9203. [20 U.S.C. 7903] PURPOSE.
[It is the purpose of this part to--
[(1) authorize and develop supplemental educational
programs to assist Native Hawaiians in reaching the
National Education Goals;
[(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
Native Hawaiian education, through the establishment of
a Native Hawaiian Education Council, and five island
councils;
[(3) supplement and expand existing programs and
authorities in the area of education to further the
purposes of the title; and
[(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
Education Programs.
[SEC. 9204. [20 U.S.C. 7904] NATIVE HAWAIIAN EDUCATION COUNCIL AND
ISLAND COUNCILS.
[(a) Establishment of Native Hawaiian Education Council.--In
order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(hereafter in this part referred to as the ``Education
Council'').
[(b) Composition of Education Council.--The Education Council
shall consist of not more than 25 members, including a
representative of--
[(1) each recipient of funds from the Secretary under
this part;
[(2) the State of Hawai`i Department of Education;
[(3) the State of Hawai`i Office of Hawaiian Affairs;
[(4) Native Hawaiian educational organizations, such
as Alu Like, Inc., Kamehameha Schools Bishop Estate,
Hawaiian Language Immersion Advisory Council, Aha
Punana Leo, and the Queen Lili``uokalani Trust and
Children's Center; and
[(5) each Native Hawaiian education island council
established under subsection (f).
[(c) Conditions and Terms.--At least three-fourths of the
members of the Education Council shall be Native
Hawaiians.Members of the Education Council shall be appointed for
three-year terms.
[(d) Administrative Grant for the Education Council.--The
Secretary shall make a direct grant to the Education Council in
order to enable the Education Council to--
[(1) coordinate the educational and related services
and programs available to Native Hawaiians, including
the programs assisted under this part, and assess the
extent to which such services and programs meet the
needs of Native Hawaiians; and
[(2) provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, on Native Hawaiian
education.
[(e) Additional Duties of the Education Council.--
[(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council to the Secretary, the Committee on
Indian Affairs of the Senate, and the Committee on
Education and Labor of the House of Representatives,
including any information that the Education Council
provides to the Secretary pursuant to subsection (i).
[(2) Annual report.--The Education Council shall
present to the Secretary an annual report on the
Education Council's activities.
[(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
deems appropriate.
[(f) Establishment of Island Councils.--
[(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Office of Hawaiian Affairs
of the State of Hawai`i is authorized to facilitate the
establishment of Native Hawaiian education island
councils (hereafter in this part referred to as
``island councils'') for the following islands:
[(A) Hawai`i.
[(B) Maui and Lana`i.
[(C) Moloka`i.
[(D) Kaua`i and Ni`ihau.
[(E) O`ahu.
[(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of the
educational needs of all age groups, from preschool
through adulthood. At least three-fourths of the
members of each island council shall be Native
Hawaiians
[(g) Administrative Provisions Relating to Education Council
and Island Councils.--The Education Council and each island
council shall meet at the call of the chairperson of the
respective council, or upon the request of the majority of the
members of the respective council, but in any event not less
than four times during each calendar year. The provisions of
the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
[(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for services
on the Education Council and each island council, respectively.
[(i) Report.--Not later than four years after the date of the
enactment of the Improving America's Schools Act of 1994, the
Secretary shall prepare and submit to the Committee on Indian
Affairs of the Senate, and the Committee on Education and Labor
of the House of Representatives, a report which summarizes the
annual reports of the Education Council, describes the
allocation and utilization of funds under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
[(j) Authorization of Appropriations.--There are authorized
to be appropriated $500,000 for fiscal year 1995, and such sums
as may be necessary for each of the 4 succeeding fiscal years,
to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9205. [20 U.S.C. 7905] NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.
[(a) General Authority.--The Secretary is authorized to make
direct grants, to Native Hawaiian educational organizations or
educational entities with experience in developing or operating
Native Hawaiian programs or programs of instruction conducted
in the Native Hawaiian language, to expand the operation of
Family-Based Education Centers throughout the Hawaiian Islands.
The programs of such centers may be conducted in the Hawaiian
language, the English language, or a combination thereof, and
shall include--
[(1) parent-infant programs for prenatal through
three-year-olds;
[(2) preschool programs for four- and five-year-olds;
[(3) continued research and development; and
[(4) a long-term followup and assessment program,
which may include educational support services for
Native Hawaiian language immersion programs or
transition to English speaking programs.
[(b) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(c) Authorization of Appropriations.--In addition to any
other amount authorized to be appropriated for the centers
described in subsection (a), there are authorized to be
appropriated $6,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the four succeeding fiscal years,
to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9206. [20 U.S.C. 7906] NATIVE HAWAIIAN HIGHER EDUCATION PROGRAM.
[(a) General Authority.--
[(1) In general.--The Secretary is authorized to make
direct grants, to Native Hawaiian educational
organizations or educational entities with experience
in developing or operating Native Hawaiian programs or
programs of instruction conducted in the Native
Hawaiian language, to enable such organizations or
entities to provide a program of baccalaureate and
post-baccalaureate fellowship assistance to Native
Hawaiian students.
[(2) Activities.--Such program may include--
[(A) full or partial fellowship support for
Native Hawaiian students enrolled at two- or
four-year degree granting institutions of
higher education with awards to be based on
academic potential and financial need; and
[(B) full or partial fellowship support for
Native Hawaiian students enrolled at post-
baccalaureate degree granting institutions of
higher education with priority given to
providing fellowship support for professions in
which Native Hawaiians are underrepresented and
with fellowship awards to be based on academic
potential and financial need;
[(C) counseling and support services for
students receiving fellowship assistance under
paragraph (1);
[(D) college preparation and guidance
counseling at the secondary school level for
students who may be eligible for fellowship
support pursuant to subsection (a)(2)(A);
[(E) appropriate research and evaluation of
the activities authorized by this section; and
[(F) implementation of faculty development
programs for the improvement and matriculation
of Native Hawaiian students.
[(b) Special Conditions Required.--For the purpose of
fellowships awarded under subsection (a), fellowship conditions
shall be established whereby fellowship recipients obtain an
enforceable contract obligation to provide their professional
services, either during the fellowship period or upon
completion of a baccalaureate or post-baccalaureate degree
program, to the Native Hawaiian community.
[(c) Special Rule.--No policy shall be made in implementing
this section to prevent a Native Hawaiian student enrolled at
an accredited two- or four-year degree granting institution of
higher education outside of the State of Hawai`i from receiving
a fellowship pursuant to subsections (a) and (b) of this
section.
[(d) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(e) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9207. [20 U.S.C. 7907] NATIVE HAWAIIAN GIFTED AND TALENTED
PROGRAM.
[(a) General Authority.--The Secretary is authorized to make
a grant, to a Native Hawaiian educational organization or an
educational entity with experience in developing or operating
Native Hawaiian programs or programs of instruction conducted
in the Native Hawaiian language, for a gifted and talented
program designed to--
[(1) address the special needs of Native Hawaiian
elementary and secondary school students who are gifted
and talented students; and
[(2) provide those support services to the families
of such students that are needed to enable such
students to benefit from the program.
[(b) Uses of Funds.--The program funded under this section
may include--
[(1) the identification of the special needs of
Native Hawaiian gifted and talented students,
particularly with respect to--
[(A) the emotional and psychosocial needs of
such students; and
[(B) the provision of those support services
to the families of such students that are
needed to enable such students to benefit from
the program;
[(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise
of resulting in substantial progress toward meeting the
educational needs of such students, including
demonstrating and exploring the use of the Native
Hawaiian language and exposure to Native Hawaiian
cultural traditions;
[(3) leadership programs designed to--
[(A) replicate programs throughout the State
of Hawai`i for gifted and talented students who
are not served under this section; and
[(B) coordinate with other Native American
gifted and talented leadership programs,
including the dissemination of information
derived from the program conducted under this
section; and
[(4) appropriate research, evaluation, and related
activities pertaining to--
[(A) the needs of such students; and
[(B) the provision of those support services
to the families of such students that are
needed to enable such students to benefit from
the program.
[(c) Information Provision.--The Secretary is authorized to
facilitate the establishment of a national network of Native
Hawaiian and American Indian Gifted and Talented Centers, and
ensure that the information developed by these centers shall be
readily available to the educational community at large.
[(d) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(e) Authorization of Appropriations.--In addition to any
other amount authorized to be appropriated for the program
described in this section, there are authorized to be
appropriated $1,500,000 for fiscal year 1995, and such sums as
may be necessary for each of the 4 succeeding fiscal years, to
carry out this section. Funds appropriated under the authority
of this subsection shall remain available until expended.
[SEC. 9208. [20 U.S.C. 7908] NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.
[(a) General Authority.--The Secretary is authorized to make
grants to, or enter into contracts with, Native Hawaiian
educational organizations or educational entities with
experience in developing or operating Native Hawaiian programs
or programs of instruction conducted in the Native Hawaiian
language, to operate a program to address the special education
needs of Native Hawaiian students. Such program may include--
[(1) the identification of Native Hawaiian students
with disabilities or who are otherwise in need of
special educational services;
[(2) the identification of the special education
needs of such students, particularly with respect to--
[(A) the emotional and psychosocial needs of
such students; and
[(B) the provision of those support services
to the families of such students that are
needed to enable such students to benefit from
the program;
[(3) the conduct of educational activities consistent
with part B of the Education of Individuals with
Disabilities Education Act which hold reasonable
promise of resulting in substantial progress toward
meeting the educational needs of such students;
[(4) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise
of resulting in substantial progress toward meeting the
educational needs of such students, including
demonstrating and exploring the use of the Native
Hawaiian language and exposure to Native Hawaiian
cultural traditions; and
[(5) appropriate research, evaluation, and related
activities pertaining to--
[(A) the needs of such students;
[(B) the provision of those support services
to the families of such students that are
needed to enable such student to benefit from
the program; and
[(C) the outcomes and benefits of activities
assisted under this section upon such students.
[(b) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(c) Authorization of Appropriations.--In addition to any
other amount authorized to be appropriated for the program
described in this section, there are authorized to be
appropriated $2,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the four succeeding fiscal years,
to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9209. [20 U.S.C. 7909] NATIVE HAWAIIAN CURRICULUM DEVELOPMENT,
TEACHER TRAINING AND RECRUITMENT PROGRAM.
[(a) General Authority.--The Secretary is authorized to make
direct grants, to Native Hawaiian educational organizations or
educational entities with experience in developing or operating
Native Hawaiian programs or programs of instruction conducted
in the Native Hawaiian language, for the following purposes:
[(1) Curricula.--The development of curricula to
address the needs of Native Hawaiian students,
particularly elementary and secondary school students,
which may include programs of instruction conducted in
the Native Hawaiian language, and mathematics and
science curricula incorporating the relevant
application of Native Hawaiian culture and traditions.
[(2) Preteacher training.--The development and
implementation of preteacher training programs in order
to ensure that student teachers within the State of
Hawai`i, particularly student teachers who are likely
to be employed in schools with a high concentration of
Native Hawaiian students, are prepared to better
address the unique needs of Native Hawaiian students,
within the context of Native Hawaiian culture, language
and traditions.
[(3) Inservice teacher training.--The development and
implementation of inservice teacher training programs,
in order to ensure that teachers, particularly teachers
employed in schools with a high concentration of Native
Hawaiian students, are prepared to better address the
unique needs of Native Hawaiian students, within the
context of Native Hawaiian culture, language and
traditions.
[(4) Teacher recruitment.--The development and
implementation of teacher recruitment programs to meet
the objectives of--
[(A) enhancing teacher recruitment within
communities with a high concentration of Native
Hawaiian students; and
[(B) increasing the numbers of teachers who
are of Native Hawaiian ancestry.
[(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to awarding grants for activities
described in subsection (a) that--
[(1) focus on the needs of at-risk youth; or
[(2) employ a program of instruction conducted in the
Native Hawaiian language, except that entities
receiving grants awarded pursuant to subsection (a)(2)
shall coordinate in the development of new curricula.
[(c) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated $2,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9210. [20 U.S.C. 7910] NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION
LEARNING CENTERS.
[(a) General Authority.--The Secretary is authorized to make
direct grants, to collaborative efforts between community-based
Native Hawaiian organizations and community colleges, to
develop,establish, and operate a minimum of three community-
based education learning centers.
[(b) Purpose.--The learning centers described in subsection
(a) shall meet the needs of families and communities through
interdepartmental and interagency coordination of new and
existing public and private programs and services, which may
include--
[(1) preschool programs;
[(2) after-school programs; and
[(3) vocational and adult education programs.
[(c) Administrative Costs.--Not more than 7 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated $1,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9211. [20 U.S.C. 7911] ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, nor any contract be entered into under this part, unless
an application is submitted to the Secretary in such form, in
such manner, and containing such information as the Secretary
may determine necessary to carry out the provisions of this
title.
[(b) Special Rule.--Each application submitted under this
title shall be accompanied by the comments of each local
educational agency serving students who will participate in the
project for which assistance is sought.
[SEC. 9212. [20 U.S.C. 7912] DEFINITIONS.
[For the purposes of this part--
[(1) The term ``Native Hawaiian'' means any
individual who is--
[(A) a citizen of the United States; and
[(B) a descendant of the aboriginal people,
who prior to 1778, occupied and exercised
sovereignty in the area that now comprises the
State of Hawai`i, as evidenced by--
[(i) genealogical records;
[(ii) Kupuna (elders) or Kama`aina
(long-term community residents)
verification; or
[(iii) certified birth records.
[(2) The term ``Native Hawaiian educational
organization'' means a private nonprofit organization
that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
[(C) has a demonstrated expertise in the
education of Native Hawaiian youth; and
[(D) has demonstrated expertise in research
and program development.
[(3) The term ``Native Hawaiian Organization'' means
a private nonprofit organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the
organizations; and
[(C) is recognized by the Governor of Hawai`i
for the purpose of planning, conducting, or
administering programs (or portions of
programs) for the benefit of Native Hawaiians.
[(4) The term ``Native Hawaiian language'' means the
single Native American language indigenous to the
original inhabitants of the State of Hawai`i.
[(5) The term ``Office of Hawaiian Affairs'' means
the Office of Hawaiian Affairs established by the
Constitution of the State of Hawai`i.
[(6) The term ``Native Hawaiian community-based
organization'' means any organization which is composed
primarily of Native Hawaiians from a specific community
and which assists in the social, cultural and
educational development of Native Hawaiians in that
community.
PART C--ALASKA NATIVE EDUCATION
[SEC. 9301. [20 U.S.C. 7931] SHORT TITLE.
[This part may be cited as the ``Alaska Native Educational
Equity, Support and Assistance Act''.
[SEC. 9302. [20 U.S.C. 7932] FINDINGS.
[The Congress finds and declares:
[(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being and preservation of the culture of Alaska
Natives.
[(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
[(3) Alaska Native children enter and exit school
with serious educational handicaps.
[(4) The educational achievement of Alaska Native
children is far below national norms. In addition to
low Native performance on standardized tests, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
[(5) The programs authorized herein, combined with
expanded Head Start, infant learning and early
childhood education programs, and parent education
programs are essential if educational handicaps are to
be overcome.
[(6) The sheer magnitude of the geographic barriers
to be overcome in delivering educational services in
rural and village Alaska should be addressed through
the development and implementation of innovative, model
programs in a variety of areas.
[(7) Congress finds that Native children should be
afforded the opportunity to begin their formal
education on a par with their non-Native peers. The
Federal Government should lend support to efforts
developed by and undertaken within theAlaska Native
community to improve educational opportunity for all students.
[SEC. 9303. [20 U.S.C. 7933] PURPOSE.
[It is the purpose of this part to--
[(1) recognize the unique educational needs of Alaska
Natives;
[(2) authorize the development of supplemental
educational programs to benefit Alaska Natives;
[(3) supplement existing programs and authorities in
the area of education to further the purposes of this
part; and
[(4) provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
[SEC. 9304. [20 U.S.C. 7934] ALASKA NATIVE EDUCATIONAL PLANNING,
CURRICULUM DEVELOPMENT, TEACHER TRAINING AND
RECRUITMENT PROGRAM.
[(a) General Authority.--The Secretary shall make direct
grants to Alaska Native organizations or educational entities
with experience in developing or operating Alaska Native
programs or programs of instruction conducted in Alaska Native
languages, or to partnerships involving Alaska Native
organizations, for the following purposes:
[(1) Educational planning.--The consolidation of
existing educational plans, recommendations and
research into implementation methods and strategies to
improve schooling for Alaska Natives.
[(2) Implementation of educational plans.--The
adoption and implementation of specific educational
plans developed under subsection (1) above.
[(3) Curricula.--The development of curricula to
address the needs of Alaska Native students,
particularly elementary and secondary school students,
which may include innovative programs and pilot and
demonstration programs to develop and introduce
curriculum materials that reflect cultural diversities
or the contributions of Alaska Native people, programs
of instruction conducted in Native languages, and the
development of networks to introduce successful
techniques, programs and curriculum materials to rural
and urban schools, including:
[(A) multimedia social studies curricula
which fully and accurately portray the role of
Native Americans historically and
contemporarily; and
[(B) curricula and teaching materials for
instructions in Native languages.
[(4) Preteacher training.--The development and
implementation of preteacher training programs in order
to ensure that student teachers within the State of
Alaska, particularly student teachers who are likely to
be employed in schools with a high concentration of
Alaska Native students, are prepared to better address
the cultural diversity and unique needs of Alaska
Native students;
[(5) Teacher recruitment.--The development and
implementation of teacher recruitment programs to meet
the objectives of--
[(A) increasing the numbers of teachers who
are Alaska Natives;
[(B) enhancing teacher recruitment within
communities with a high concentration of Alaska
Native students; and
[(C) improving the teacher selection
processes in order to recruit teachers who are
more positively responsive to rural conditions
and who are suited for effective cross-cultural
instruction.
[(6) Inservice teacher training.--The development and
implementation of inservice teacher training programs
in order to ensure that teachers are prepared to better
address the unique needs of Alaska Native students.
[(b) Administrative Costs.--Not more than 10 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(c) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9305. [20 U.S.C. 7935] ALASKA NATIVE HOME BASED EDUCATION FOR
PRESCHOOL CHILDREN.
[(a) General Authority.--The Secretary shall make direct
grants to Alaska Native organizations or educational entities
with experience in developing or operating Alaska Native
programs, or to partnerships involving Alaska Native
organizations, to implement home instruction programs for
Alaska Native preschool youngsters. The objective of such
programs shall be to develop parents as educators for their
children and to assure the active involvement of parents in the
education of their children from the earliest ages.
[(b) Program Elements.--Home based education programs for
Alaska Native children shall include--
[(1) parent-infant programs for prenatal through
three-year olds;
[(2) preschool programs for four- and five-year olds;
[(3) training, education and support programs to
teach parents skills in observation, reading readiness,
story telling and critical thinking;
[(4) continued research and development; and
[(5) a long-term followup and assessment program.
[(c) Eligibility of HIPPY Programs.--Programs based on the
HIPPY (Home Instruction Program for Preschool Youngsters) model
shall be eligible for funding under this section.
[(d) Administrative Costs.--Not more than 10 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(e) Authorization of Appropriations.--There is authorized to
be appropriated $2,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding fiscal
years,to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until expended.
[SEC. 9306. [20 U.S.C. 7936] ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.
[(a) General Authority.--The Secretary shall make a grant or
grants to Alaska Native educational organizations or
educational entities with experience in developing or operating
Alaska Native programs, or to partnerships including Alaska
Native organizations, for enrichment programs for Alaska Native
students in the areas of science and mathematics education. The
programs shall be designed to--
[(1) prepare qualified students from rural areas who
are preparing to enter village high schools to excel in
science and mathematics; and
[(2) provide those support services to the families
of such students that are needed to enable such
students to benefit from the program.
[(b) Uses of Funds.--The program funded under this section
may include--
[(1) the identification of the students eligible to
participate in the program;
[(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise
of resulting in substantial enrichment of the
educational performance of the participating students;
[(3) leadership programs designed to provide for the
replication of the program in other subject matter
areas and the dissemination of information derived from
the program; and
[(4) appropriate research, evaluation and related
activities pertaining to the benefits of such
enrichment programs.
[(c) Administrative Costs.--Not more than 10 percent of the
funds appropriated to carry out the provisions of this section
for any fiscal year may be used for administrative purposes.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated $1,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the four succeeding fiscal
years, to carry out this section. Funds appropriated under the
authority of this subsection shall remain available until
expended.
[SEC. 9307. [20 U.S.C. 7937] ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, nor any contract be entered into under this part, unless
an application is submitted to the Secretary in such form, in
such manner, and containing such information as the Secretary
may determine necessary to carry out the provisions of this
part.
[(b) Applications by Local School Districts or State
Educational Entities.--Local school districts or State
educational entities shall apply for funding under this part in
partnership with Alaska Native organizations.
[(c) Consultation Required.--Each applicant for funding shall
provide for ongoing advice from and consultation with
representatives of the Alaska Native community.
[(d) Local Educational Agency Coordination.--Each local
educational agency serving students who will participate in the
program for which assistance is sought shall be informed
regarding each application submitted under this part, except
that approval by or concurrence from such local educational
agency shall not be required.
[(e) Implementation of Authorities.--The Secretary shall
expeditiously obligate funds appropriated as provided in this
part.
[SEC. 9308. [20 U.S.C. 7938] DEFINITIONS.
[For purposes of this part--
[(1) the term ``Alaska Native'' has the same meaning
as the term ``Native'' has in section 3(b) of the
Alaska Native Claims Settlement Act; and
[(2) the term ``Alaska Native organization'' means a
federally recognized tribe, consortium of tribes,
regional nonprofit Native association, and other Alaska
Native organizations that--
[(A) has or commits to acquire expertise in
the education of Alaska Natives; and
[(B) has Alaska Natives in substantive and
policy-making positions within the
organization.]
* * * * * * *
TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART A--INDIAN EDUCATION
SEC. 9101. FINDINGS.
Congress finds that--
(1) the Federal Government has a special
responsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults--
(A) are based on high-quality,
internationally competitive content standards
and student performance standards, and build on
Indian culture and the Indian community;
(B) assist local educational agencies, Indian
tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve the standards described in subparagraph
(A); and
(C) meet the unique educational and
culturally related academic needs of American
Indian and Alaska Native students;
(2) since the date of enactment of the Indian
Education Act in 1972, the level of involvement of
Indian parents in the planning, development, and
implementation of educational programs that affect such
parents and their children has increased significantly,
and schools should continue to foster such involvement;
(3) although the number of Indian teachers,
administrators, and university professors has increased
since 1972, teacher training programs are not
recruiting, training, or retraining a sufficient number
of Indian individuals as educators to meet the needs of
a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
(4) the dropout rate for Indian students is
unacceptably high: 9 percent of Indian students who
were eighth graders in 1988 had already dropped out of
school by 1990;
(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below the
poverty level increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is
hampered by the high incidence of poverty,
unemployment, and health problems among Indian children
and their families; and
(6) research related specifically to the education of
Indian children and adults is very limited, and much of
the research is of poor quality or is focused on
limited local or regional issues.
SEC. 9102. PURPOSE.
(a) Purpose.--The purpose of this part is to support the
efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the unique educational and culturally related academic
needs of American Indian and Alaska Native students, so that
such students can meet the same challenging State performance
standards as are expected for all students.
(b) Programs.--This part carries out the purpose described in
subsection (a) by authorizing programs of direct assistance
for--
(1) meeting the unique educational and culturally
related academic needs of American Indians and Alaska
Natives;
(2) the education of Indian children and adults;
(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
(4) research, evaluation, data collection, and
technical assistance.
Subpart 1--Formula Grants to Local Educational Agencies
SEC. 9111. PURPOSE.
The purpose of this subpart is to support local educational
agencies in their efforts to reform elementary school and
secondary school programs that serve Indian students in order
to ensure that such programs--
(1) are based on challenging State content standards
and State student performance standards that are used
for all students; and
(2) are designed to assist Indian students to meet
those standards and assist the Nation in reaching the
National Education Goals.
SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) In General.--The Secretary may make grants to local
educational agencies and Indian tribes in accordance with this
section.
(b) Local Educational Agencies.--
(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
who are eligible under section 9117, and who were
enrolled in the schools of the agency, and to whom the
agency provided free public education, during the
preceding fiscal year--
(A) was at least 10; or
(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, a reservation.
(c) Indian Tribes.--
(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a parent committee under section
9114(c)(4), an Indian tribe that represents not less
than \1/2\ of the eligible Indian children who are
served by such local educational agency may apply for
such grant by submitting an application in accordance
with section 9114.
(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this subpart, except that any
such tribe shall not be subject to section 9114(c)(4)
(relating to a parent committee), section 9118(c)
(relating to maintenance of effort), or section 9119
(relating to State review of applications).
SEC. 9113. AMOUNT OF GRANTS.
(a) Amount of Grant Awards.--
(1) In general.--Except as provided in subsections
(c) and (d), for purposes of making grants under this
subpart the Secretary shall allocate to each local
educational agency that has an approved application
under this subpart an amount equal to the product of--
(A) the number of Indian children who are
eligible under section 9117 and served by such
agency; and
(B) the greater of--
(i) the average per-pupil expenditure
of the State in which such agency is
located; or
(ii) 80 percent of the average per-
pupil expenditure of all the States.
(2) Reduction.--The Secretary shall reduce the amount
of each allocation determined under paragraph (1) or
subsection (b) in accordance with subsection (c).
(b) Schools Operated or Supported by the Bureau of Indian
Affairs.--
(1) In general.--In addition to the grants awarded
under subsection (a), and subject to paragraph (2), for
purposes of making grants under this subpart the
Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
(A) the total number of Indian children
enrolled in schools that are operated by--
(i) the Bureau of Indian Affairs; or
(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of such tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
(B) the greater of--
(i) the average per-pupil expenditure
of the State in which the school is
located; or
(ii) 80 percent of the average per-
pupil expenditure of all the States.
(2) Special rule.--Any school described in paragraph
(1) may apply for an allocation under this subpart by
submitting an application in accordance with section
9114. The Secretary shall treat the school as if the
school were a local educational agency for purposes of
this subpart, except that any such school shall not be
subject to section 9114(c)(4), 9118(c), or 9119.
(c) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 9162(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a) and for the Secretary of the Interior
under subsection (b), each of those amounts shall be ratably
reduced.
(d) Minimum Grant.--
(1) In general.--Notwithstanding subsection (c), a
local educational agency (including an Indian tribe as
authorized under section 9112(b)) that is eligible for
a grant under section 9112, and a school that is
operated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (b), that
submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a
grant under this subpart in an amount that is not less
than $3,000.
(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under
this subpart.
(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for
all grant recipients if the Secretary determines such
increase is necessary to ensure quality programs.
(e) Definition.--In this section, the term ``average per-
pupil expenditure'', for a State, means an amount equal to--
(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
(2) the aggregate number of children who were
included in average daily attendance and for whom such
agencies provided free public education during such
preceding fiscal year.
SEC. 9114. APPLICATIONS.
(a) Application Required.--Each local educational agency that
desires to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that--
(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
(2)(A) is consistent with the State and local plans
submitted under other provisions of this Act; and
(B) includes academic content and student performance
goals for such children, and benchmarks for attaining
such goals, that are based on the challenging State
standards adopted under title I for all children;
(3) explains how Federal, State, and local programs,
especially programs carried out under title I, will
meet the needs of such students;
(4) demonstrates how funds made available under this
subpart will be used for activities described in
section 9115;
(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
(6) describes how the local educational agency--
(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this subpart, in meeting the
goals described in paragraph (2);
(B) will provide the results of each
assessment referred to in subparagraph (A) to--
(i) the committee of parents
described in subsection (c)(4); and
(ii) the community served by the
local educational agency; and
(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A).
(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
(1) the local educational agency will use funds
received under this subpart only to supplement the
funds that, in the absence of the Federal funds made
available under this subpart, such agency would make
available for the education of Indian children, and not
to supplant such funds;
(2) the local educational agency will prepare and
submit to the Secretary such reports, in such form and
containing such information, as the Secretary may
require to--
(A) carry out the functions of the Secretary
under this subpart; and
(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are
effective in improving the educational
achievement of Indian students served by such
agency;
(3) the program for which assistance is sought--
(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
(B) will use the best available talents and
resources, including individuals from the
Indian community; and
(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
through public hearings held by such agency to
provide to the individuals described in this
subparagraph a full opportunity to understand
the program and to offer recommendations
regarding the program; and
(4) the local educational agency developed the
program with the participation and written approval of
a committee--
(A) that is composed of, and selected by--
(i) parents of Indian children in the
local educational agency's schools and
teachers in the schools; and
(ii) if appropriate, Indian students
attending secondary schools of the
agency;
(B) a majority of whose members are parents
of Indian children;
(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
(D) with respect to an application describing
a schoolwide program carried out in accordance
with section 9115(c), that has--
(i) reviewed in a timely fashion the
program; and
(ii) determined that the program will
enhance the availability of culturally
related activities for American Indian
and Alaska Native students; and
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
(a) General Requirements.--Each local educational agency that
receives a grant under this subpart shall use the grant funds,
in a manner consistent with the purpose specified in section
9111, for services and activities that--
(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 9114;
(2) are designed with special regard for the language
and cultural needs of the Indian students; and
(3) supplement and enrich the regular school program
of such agency.
(b) Particular Services and Activities.--The services and
activities referred to in subsection (a) may include--
(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
(2) early childhood and family programs that
emphasize school readiness;
(3) enrichment programs that focus on problem-solving
and cognitive skills development and directly support
the attainment of challenging Statecontent standards
and State student performance standards;
(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
(5) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by Public Law 103-239 and Public Law
88-210, including programs for tech-prep, mentoring,
and apprenticeship activities;
(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purpose described in section 9111;
(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
(9) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent
with State standards, into the curriculum used by the
local educational agency;
(10) activities to promote coordination and
collaboration between tribal, Federal, and State public
schools in areas that will improve American Indian and
Alaska Native student achievement; and
(11) family literacy services.
(c) Schoolwide Programs.--Notwithstanding any other provision
of law, a local educational agency may use funds made available
to such agency under this subpart to support a schoolwide
program under section 1114 if--
(1) the committee composed of parents established
pursuant to section 9114(c)(4) approves the use of the
funds for the schoolwide program; and
(2) the schoolwide program is consistent with the
purpose described in section 9111.
(d) Administrative Costs.--Not more than 5 percent of the
funds made available to a local educational agency through a
grant made under this subpart for a fiscal year may be used to
pay for administrative costs.
SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for a demonstration project for
the integration of education and related services provided to
Indian students.
(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the applicant,
shall authorize the applicant to consolidate, in accordance
with such plan, the federally funded education and related
services programs of the applicant and the agencies, or
portions of the programs, serving Indian students in a manner
that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
(c) Programs Affected.--The funds that may be consolidated in
a demonstration project under any such plan referred to in
subsection (b) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
exclusively to serve Indian children under any program, for
which the applicant is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services for Indian students.
(d) Plan Requirements.--For a plan to be acceptable pursuant
to subsection (b), the plan shall--
(1) identify the programs or funding sources to be
consolidated;
(2) be consistent with the objectives of this section
authorizing the program services to be integrated in a
demonstration project;
(3) describe a comprehensive strategy that identifies
the full range of potential educational opportunities
and related services to be provided to assist Indian
students to achieve the objectives set forth in this
subpart;
(4) describe the way in which the services are to be
integrated and delivered and the results expected from
the plan;
(5) identify the projected expenditures under the
plan in a single budget;
(6) identify the State, tribal, or local agencies to
be involved in the delivery of the services integrated
under the plan;
(7) identify any statutory provisions, regulations,
policies, or procedures that the applicant believes
need to be waived in order to implement the plan;
(8) set forth measures of student achievement and
performance goals designed to be met within a specified
period of time for activities provided under the plan;
and
(9) be approved by a parent committee formed in
accordance with section 9114(c)(4), if such a committee
exists, in consultation with the Committee on Resources
of the House of Representatives and the Committee on
Indian Affairs of the Senate.
(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the head of each
Federal agency providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal regulations, policies, or procedures necessary to
enable the applicant to implement the plan. Notwithstanding any
other provision of law, the Secretary of the affected agency
shall have the authority to waive, for the applicant, any
regulation, policy, or procedure promulgated by that agency
that has been so identified by the applicant or agency, unless
the head of the affected agency determines that such a waiver
is inconsistent with the objectives of this subpart or the
provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
(f) Plan Approval.--Within 90 days after the receipt of an
applicant's plan by the Secretary under subsection (a), the
Secretary shall inform the applicant, in writing, of the
Secretary's approval or disapproval of the plan. If the plan is
disapproved, the applicant shall be informed, in writing, of
the reasons for the disapproval andshall be given an
opportunity to amend the plan or to petition the Secretary to
reconsider such disapproval.
(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of enactment of the Educational
Opportunities Act, the Secretary of Education, the Secretary of
the Interior, and the head of any other Federal agency
identified by the Secretary of Education, shall enter into an
interagency memorandum of agreement providing for the
implementation of the demonstration projects authorized under
this section. The lead agency for a demonstration project
authorized under this section shall be--
(1) the Department of the Interior, in the case of an
applicant that is a contract or grant school, as
defined in section 1146 of the Education Amendments of
1978; or
(2) the Department of Education, in the case of any
other applicant.
(h) Responsibilities of Lead Agency.--The responsibilities of
the lead agency for a demonstration project shall include--
(1) the use of a single report format related to the
plan for the individual project, which shall be used by
an eligible entity to report on the activities
undertaken under the project;
(2) the use of a single report format related to the
projected expenditures for the individual project,
which shall be used by an eligible entity to report on
all project expenditures;
(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
(i) Report Requirements.--
(1) In general.--The Secretary shall develop,
consistent with the requirements of this section, a
single report format for the reports described in
subsection (h).
(2) Report information.--Such report format shall
require that the reports shall--
(A) contain such information as will allow a
determination that the eligible entity has
complied with the requirements incorporated in
the entity's approved plan, including the
demonstration of student achievement; and
(B) provide assurances to the Secretary of
Education and the Secretary of the Interior
that the eligible entity has complied with all
directly applicable statutory requirements and
with those directly applicable regulatory
requirements that have not been waived.
(3) Record information.--The Secretary shall require
that records maintained at the local level on the
programs consolidated for the project shall contain the
information and provide the assurances described in
paragraph (2).
(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the objectives of this
section.
(l) Administration of Funds.--
(1) In general.--An eligible entity shall administer
the program funds for the consolidated programs in such
a manner as to allow for a determination that funds
from a specific program are spent on allowable
activities authorized under such program, except that
the eligible entity shall determine the proportion of
the funds that shall be allocated to such program.
(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill responsibilities for safeguarding
Federal funds pursuant to chapter 75 of title 31, United States
Code.
(o) Report on Statutory Obstacles to Program Integration.--
(1) Preliminary report.--Not later than 2 years after
the date of enactment of the Educational Opportunities
Act, the Secretary of Education shall submit a
preliminary report to the Committee on Education and
the Workforce and the Committee on Resources of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate on the status of the
implementation of the demonstration projects authorized
under this section.
(2) Final report.--Not later than 5 years after the
date of enactment of the Educational Opportunities Act,
the Secretary of Education shall submit a report to the
Committee on Education and the Workforce and the
Committee on Resources of the House of Representatives
and the Committee on Health, Education, Labor, and
Pensions and the Committee on Indian Affairs of the
Senate on the results of the implementation of the
demonstration projects authorized under this section.
Such reportshall identify statutory barriers to the
ability of participants to integrate more effectively their education
and related services to Indian students in a manner consistent with the
objectives of this section.
(p) Definition.--In this section, the term ``Secretary''
means--
(1) the Secretary of the Interior, in the case of an
applicant that is a contract or grant school, as
defined in section 1146 of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other applicant.
SEC. 9117. STUDENT ELIGIBILITY FORMS.
(a) In General.--The Secretary shall require that, as part of
an application for a grant under this subpart, each applicant
shall maintain a file, with respect to each Indian child for
whom the local educational agency provides a free public
education, that contains a form that sets forth information
establishing the status of the child as an Indian child
eligible for assistance under this subpart, and that otherwise
meets the requirements of subsection (b).
(b) Forms.--
(1) In general.--The form described in subsection (a)
shall include--
(A) either--
(i)(I) the name of the tribe or band
of Indians (as defined in section
9161(3)) with respect to which the
child claims membership;
(II) the enrollment number
establishing the membership of the
child (if readily available); and
(III) the name and address of the
organization that maintains updated and
accurate membership data for such tribe
or band of Indians; or
(ii) if the child is not a member of
tribe or band of Indians (as so
defined), the name, the enrollment
number (if readily available), and the
name and address of the organization
responsible for maintaining updated and
accurate membership rolls, of any
parent or grandparent of the child from
whom the child claims eligibility under
this subpart;
(B) a statement of whether the tribe or band
of Indians (as so defined) with respect to
which the child, or parent or grandparent of
the child, claims membership is federally
recognized;
(C) the name and address of the parent or
legal guardian of the child;
(D) a signature of the parent or legal
guardian of the child that verifies the
accuracy of the information supplied; and
(E) any other information that the Secretary
considers necessary to provide an accurate
program profile.
(2) Minimum information.--In order for a child to be
eligible to be counted for the purpose of computing the
amount of a grant award made under section 9113, an
eligibility form prepared pursuant to this section for
a child shall include--
(A) the name of the child;
(B) the name of the tribe or band of Indians
(as so defined) with respect to which the child
claims membership; and
(C) the dated signature of the parent or
guardian of the child.
(3) Failure.--The failure of an applicant to furnish
any information described in this subsection other than
the information described in paragraph (2) with respect
to any child shall have no bearing on the determination
of whether the child is an eligible Indian child for
the purposes of computing the amount of a grant award
made under section 9113.
(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 9161.
(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-86 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
(1) to establish eligibility under this subpart; and
(2) to meet the requirements of subsection (a).
(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant award under section 9113, the membership
of the child, or any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of such tribe
or band. Nothing in subsection (b) shall be construed to
require the furnishing of an enrollment number.
(f) Monitoring and Evaluation Review.--
(1) In general.--
(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the local educational agencies that are
recipients of grants under this subpart. The
sampling conducted under this paragraph shall
take into account the size of such a local
educational agency and the geographic location
of such agency.
(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for
entitlement under the Indian Elementary and
Secondary School Assistance Act.
(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this subpart shall--
(A) be ineligible to apply for any other
grant under this subpart; and
(B) be liable to the United States for any
funds from the grant that have not been
expended.
(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant award under section 9113.
(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, the Secretary, in computing
the amount of a grant award under section 9113 to a tribal
school that receives a grant or contract from the Bureau of
Indian Affairs, shall use only 1 of the following, as selected
by the school:
(1) A count, certified by the Bureau, of the number
of students in the school.
(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
(h) Timing of Child Counts.--For purposes of determining the
number of children to be counted in computing the amount of a
local educational agency's grant award under section 9113
(other than in the case described in subsection (g)(1)), the
local educational agency shall--
(1) establish a date on, or a period not longer than
31 consecutive days during which, the agency counts
those children, if that date or period occurs before
the deadline established by the Secretary for
submitting an application under section 9114; and
(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
SEC. 9118. PAYMENTS.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this subpart the amount computed under section 9113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this subpart to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this subpart in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
(1) In general.--The Secretary may not pay a local
educational agency in a State the full amount of a
grant award computed under section 9113 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, that the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis was not less
than 90 percent of the amount of the combined fiscal
effort, computed on the same basis, for the second
preceding fiscal year.
(2) Failure.--If, for any fiscal year, the Secretary
determines that a local educational agency and State
failed to maintain the combined fiscal effort at the
level specified in paragraph (1), the Secretary shall--
(A) reduce the amount of the grant that would
otherwise be made to such agency under this
subpart in the exact proportion of the failure
to maintain the fiscal effort at such level;
and
(B) not use the reduced amount of the
combined fiscal effort for the year to
determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1) during
the fiscal year for which the determination is
made.
(3) Waiver.--
(A) In general.--The Secretary may waive the
requirement of paragraph (1) for a local
educational agency, for not more than 1 year at
a time, if the Secretary determines that the
failure to comply with such requirement is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial
resources.
(B) Future determinations.--The Secretary
shall not use the reduced amount of the
combined fiscal effort for the year for which
the waiver is granted to determine compliance
with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures
that would have been required to comply with
paragraph (1) in the absence of the waiver
during the fiscal year for which the waiver is
granted.
(d) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose
of this subpart, any amounts that--
(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
(2) otherwise become available for reallocation under
this subpart.
SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.
Before submitting an application to the Secretary under
section 9114, a local educational agency shall submit the
application to the State educational agency, which may comment
on the application. If the State educational agency comments on
the application, the agency shall comment on each such
application submitted by a local educational agency in the
State and shall provide the comment to the appropriate local
educational agency, with an opportunity to respond.
Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
(a) Purpose.--
(1) In general.--The purpose of this section is to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
(2) Coordination.--The Secretary shall take such
actions as are necessary to achieve the coordination of
activities assisted under this subpart with--
(A) other programs funded under this Act; and
(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education) or a consortium of such entities.
(c) Grants Authorized.--
(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose specified in
subsection (a)(1), including--
(A) innovative programs related to the
educational needs of educationally
disadvantaged children;
(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in 1 or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
(C) bilingual and bicultural programs and
projects;
(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of secondary
school graduation for Indian children;
(F) comprehensive guidance, counseling, and
testing services;
(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary school to postsecondary education;
(I) partnership projects between schools and
local businesses for school-to-work transition
programs designed to provide Indian youth with
the knowledge and skills the youth need to make
an effective transition from school to a first
job in a high-skill, high-wage career;
(J) programs designed to encourage and assist
Indian students to work toward, and gain
entrance into, an institution of higher
education;
(K) family literacy services; or
(L) other services that meet the purpose
described in subsection (a)(1).
(2) Pre-service or in-service training.--Pre-service
or in-service training of professional and
paraprofessional personnel may be a part of any program
assisted under this section.
(d) Grant Requirements and Applications.--
(1) Grant requirements.--
(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c). The Secretary shall make the
grants for periods of not more than 5 years.
(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
2 or more of the activities described in
subsection (c) over a period of more than 1
year.
(C) Progress.--The Secretary shall make a
payment for a grant described in this paragraph
to an eligible entity after the initial year of
the multiyear grant period only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
(2) Dissemination grants.--
(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1),
the Secretary may award grants under subsection
(c) to eligible entities for the dissemination
of exemplary materials or programs assisted
under this section.
(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph
if, prior to awarding the grant, the Secretary
determines that the material or program to be
disseminated--
(i) has been adequately reviewed;
(ii) has demonstrated educational
merit; and
(iii) can be replicated.
(3) Application.--
(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may require.
(B) Contents.--Each application submitted to
the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
(iii) information demonstrating that
the proposed program for the activities
is a research-based program, which may
include a program that has been
modified to be culturally appropriate
for students who will be served;
(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over; and
(v) such other assurances and
information as the Secretary may
reasonably require.
(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grant recipient under this subpart for any
fiscal year may be used to pay for administrative costs.
SEC. 9122. PROFESSIONAL DEVELOPMENT.
(a) Purposes.--The purposes of this section are--
(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
(2) to provide training to qualified Indian
individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a consortium of--
(1) a State or local educational agency; and
(2) an institution of higher education (including an
Indian institution of higher education) or an Indian
tribe or organization.
(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities with applications approved under
subsection (e) to enable such entities to carry out the
activities described in subsection (d).
(d) Authorized Activities.--
(1) In general.--Grant funds made available under
subsection (c) shall be used for activities to provide
support and training for Indian individuals in a manner
consistent with the purposes of this section. Such
activities may include continuing programs, symposia,
workshops, conferences, and direct financial support.
(2) Special rules.--
(A) Type of training.--For education
personnel, the training received pursuant to a
grant awarded under subsection (c) may be in-
service or pre-service training.
(B) Program.--For individuals who are being
trained to enter any field other than
education, the training received pursuant to a
grant awarded under subsection (c) shall be in
a program that results in a graduate degree.
(e) Application.--Each eligible entity desiring a grant under
subsection (c) shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information,
as the Secretary may reasonably require.
(f) Special Rule.--In awarding grants under subsection (c),
the Secretary--
(1) shall consider the prior performance of an
eligible entity; and
(2) may not limit eligibility to receive a grant
under subsection (c) on the basis of--
(A) the number of previous grants the
Secretary has awarded such entity; or
(B) the length of any period during which
such entity received such grants.
(g) Grant Period.--Each grant awarded under subsection (c)
shall be awarded for a program of activities of not more than 5
years.
(h) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives pre-service
training pursuant to a grant awarded under subsection
(c)--
(A) perform work--
(i) related to the training received
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated part of the
assistance received for the training.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of the pre-service training shall, not later
than 12 months after the date of completion of the
training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
(i) Inservice Training for Teachers of Indian Children.--
(1) Grants authorized.--In addition to the grants
authorized by subsection (c), the Secretary may make
grants to eligible consortia for the provision of high
quality in-service training. The Secretary may make
such a grant to--
(A) a consortium of a tribal college and an
institution of higher education that awards a
degree in education; or
(B) a consortium of--
(i) a tribal college;
(ii) an institution of higher
education that awards a degree in
education; and
(iii) 1 or more elementary schools or
secondary schools operated by the
Bureau of Indian Affairs, local
educational agencies serving Indian
children, or tribal educational
agencies.
(2) Use of funds.--
(A) In-service training.--A consortium that
receives a grant under paragraph (1) shall use
the grant funds only to provide high quality
in-service training to teachers, including
teachers who are not Indians, in schools of
local educational agencies with substantial
numbers of Indian children enrolled in their
schools, in order to better meet the needs of
those children.
(B) Components.--The training described in
subparagraph (A) shall include such activities
as preparing teachers to use the best available
research-based practices and learning
strategies, and to make the most effective use
of curricula and materials, to respond to the
unique needs of Indian children in their
classrooms.
(3) Preference for indian applicants.--In applying
section 9153 to this subsection, the Secretary shall
give a preference to any consortium that includes 1 or
more of the entities described in that section.
SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.
(a) Fellowships.--
(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students
to study in graduate and professional programs at
institutions of higher education.
(2) Requirements.--The fellowships described in
paragraph (1) shall be awarded to Indian students to
enable such students to pursue a course of study--
(A) of not more than 4 academic years; and
(B) that leads--
(i) toward a postbaccalaureate degree
in medicine, clinical psychology,
psychology, law, education, or a
related field; or
(ii) to an undergraduate or graduate
degree in engineering, business
administration, natural resources, or a
related field.
(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to be
consistent with prevailing practices under comparable federally
supported programs.
(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which such a fellowship recipient is pursuing a course of
study, in lieu of tuition charged to such recipient, such
amounts as the Secretary may determine to be necessary to cover
the cost of education provided to such recipient.
(d) Special Rules.--
(1) In general.--If a fellowship awarded under
subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the
Secretary may award an additional fellowship for the
unexpired portion of the period of the first
fellowship.
(2) Written notice.--Not later than 45 days before
the commencement of an academic term, the Secretary
shall provide to each individual who is awarded a
fellowship under subsection (a) for such academic term
written notice of--
(A) the amount of the funding for the
fellowship; and
(B) any stipends or other payments that will
be made under this section to, or for the
benefit of, the individual for the academic
term.
(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a specialty in the
area of alcohol and substance abuse counseling and
education.
(e) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
(A) perform work--
(i) related to the training for which
the individual receives the assistance
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated portion of such
assistance.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of assistance under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement with,
an Indian organization with demonstrated qualifications to
administer all facets of the program assisted under this
section.
SEC. 9124. GIFTED AND TALENTED INDIAN STUDENTS.
(a) Program Authorized.--The Secretary is authorized to--
(1) establish 2 centers for gifted and talented
Indian students at tribally controlled community
colleges in accordance with this section; and
(2) support demonstration projects described in
subsection (c).
(b) Eligible Entities.--The Secretary shall make grants, or
enter into contracts, for the activities described in
subsection (a), to or with--
(1) 2 tribally controlled community colleges that--
(A) are eligible for funding under the
Tribally Controlled College or University
Assistance Act of 1978; and
(B) are fully accredited; or
(2) if the Secretary does not receive applications
that the Secretary determines to be approvable from 2
colleges that meet the requirements of paragraph (1),
the American Indian Higher Education Consortium.
(c) Use of Funds.--
(1) In general.--Funds made available through the
grants made, or contracts entered into, by the
Secretary under subsection (b) shall be used for--
(A) the establishment of centers described in
subsection (a); and
(B) carrying out demonstration projects
designed to--
(i) address the special needs of
Indian students in elementary schools
and secondary schools who are gifted
and talented; and
(ii) provide such support services to
the families of the students described
in clause (i) as are needed to enable
such students to benefit from the
projects.
(2) Subcontracts.--Each recipient of a grant or
contract under subsection (b) to carry out a
demonstration project under subsection (a) may enter
into a contract with any other entity, including the
Children's Television Workshop, to carry out the
demonstration project.
(3) Demonstration projects.--Demonstration projects
assisted under subsection (b) may include--
(A) the identification of the special needs
of gifted and talented Indian students,
particularly at the elementary school level,
giving attention to--
(i) identifying the emotional and
psychosocial needs of such students;
and
(ii) providing such support services
to the families of such students as are
needed to enable such students to
benefit from the project;
(B) the conduct of educational, psychosocial,
and developmental activities that the Secretary
determines hold a reasonable promise of
resulting in substantial progress toward
meeting the educational needs of such gifted
and talented children, including--
(i) demonstrating and exploring the
use of Indian languages and exposure to
Indian cultural traditions; and
(ii) carrying out mentoring and
apprenticeship programs;
(C) the provision of technical assistance and
the coordination of activities at schools that
receive grants under subsection (d) with
respect to the activities assisted under such
grants, the evaluation of programs assisted
under such grants, or the dissemination of such
evaluations;
(D) the use of public television in meeting
the special educational needs of such gifted
and talented children;
(E) leadership programs designed to replicate
programs for such children throughout the
United States, including disseminating
information derived from the demonstration
projects conducted under subsection (a); and
(F) appropriate research, evaluation, and
related activities pertaining to the needs of
such children and to the provision of such
support services to the families of such
children as are needed to enable such children
to benefit from the project.
(4) Application.--Each entity desiring a grant or
contract under subsection (b) shall submit an
application to the Secretary at such time and in such
manner as the Secretary may prescribe.
(d) Additional Grants.--
(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall award 5 grants to
schools funded by the Bureau of Indian Affairs
(referred to individually in this section as a ``Bureau
school'') for program research and development and the
development and dissemination of curriculum and teacher
training material, regarding--
(A) gifted and talented students;
(B) college preparatory studies (including
programs for Indian students with an interest
in pursuing teaching careers);
(C) students with special culturally related
academic needs, including students with social,
lingual, and cultural needs; or
(D) mathematics and science education.
(2) Applications.--Each Bureau school desiring a
grant to conduct 1 or more of the activities described
in paragraph (1) shall submit an application to the
Secretary at such time and in such manner as the
Secretary may prescribe.
(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under
this subsection shall be administered, jointly by the
supervisor of the Bureau school and the local
educational agency serving such school.
(4) Requirements.--In awarding grants under paragraph
(1), the Secretary shall achieve a mixture of the
programs described in paragraph (1) that ensures that
Indian students at all grade levels and in all
geographic areas of the United States are able to
participate in a program assisted under this
subsection.
(5) Grant period.--Subject to the availability of
appropriations, a grant awarded under paragraph (1)
shall be awarded for a 3-year period and may be renewed
by the Secretary for additional 3-year periods if the
Secretary determines that the performance of the grant
recipient has been satisfactory.
(6) Dissemination.--
(A) Cooperative efforts.--The dissemination
of any materials developed from activities
assisted under paragraph (1) shall be carried
out in cooperation with entities that receive
funds pursuant to subsection (b).
(B) Report.--The Secretary shall prepare and
submit to the Secretary of the Interior and to
Congress a report concerning any results from
activities described in this subsection.
(7) Evaluation costs.--
(A) Division.--The costs of evaluating any
activities assisted under paragraph (1) shall
be divided between the Bureau schools
conducting such activities and the recipients
of grants or contracts under subsection (b)
whoconduct demonstration projects under subsection (a).
(B) Grants and contracts.--If no funds are
provided under subsection (b) for--
(i) the evaluation of activities
assisted under paragraph (1);
(ii) technical assistance and
coordination with respect to such
activities; or
(iii) the dissemination of the
evaluations referred to in clause (i),
the Secretary shall make such grants, or enter
into such contracts, as are necessary to
provide for the evaluations, technical
assistance, and coordination of such
activities, and the dissemination of the
evaluations.
(e) Information Network.--The Secretary shall encourage each
recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is
readily available to the entire educational community.
SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the
tribe;
(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
(3) provide support services and technical assistance
to schools serving children of the tribe; and
(4) perform child-find screening services for the
preschool-aged children of the tribe to--
(A) ensure placement in appropriate
educational facilities; and
(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
(b) Period of Grant.--Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
(c) Application for Grant.--
(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
(2) Contents.--Each application described in
paragraph (1) shall contain--
(A) a statement describing the activities to
be conducted, and the objectives to be
achieved, under the grant; and
(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved.
(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
(B) provides for consultation with such other
education entities in the operation and
evaluation of the activities conducted under
the grant; and
(C) demonstrates that there will be adequate
resources provided under this section or from
other sources to complete the activities for
which assistance is sought, except that the
availability of such other resources shall not
be a basis for disapproval of such application.
(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Education to carry out this
section $3,000,000 for each of fiscal years 2001 through 2005.
Subpart 3--Special Programs Relating to Adult Education for Indians
SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS.
(a) In General.--The Secretary shall make grants to State and
local educational agencies and to Indian tribes, institutions,
and organizations--
(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
(2) to assist in the establishment and operation of
programs that are designed to stimulate--
(A) the provision of basic literacy
opportunities for all nonliterate Indian
adults; and
(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
(3) to support a major research and development
program to develop more innovative and effective
techniques for achieving literacy and secondary school
equivalency for Indians;
(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of
illiteracy and lack of secondary school completion
among Indians; and
(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
(b) Educational Services.--The Secretary may make grants to
Indian tribes, institutions, and organizations to develop and
establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
(1) the dissemination of information concerning
educational programs, services, and resources available
to Indian adults, including evaluations of the
programs, services, and resources; and
(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes
of the programs with respect to Indian adults.
(d) Applications.--
(1) In general.--Each entity desiring a grant or
contract under this section shall submit to the
Secretary an application at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in
regulations.
(2) Contents.--Each application described in
paragraph (1) shall contain--
(A) a statement describing the activities to
be conducted and the objectives to be achieved
under the grant or contract; and
(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether the objectives of the grant
or contract are achieved.
(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the
Secretary determines that such application, including
any documentation submitted with the application,
indicates that--
(A) there has been adequate participation, by
the individuals to be served and the
appropriate tribal communities, in the planning
and development of the activities to be
assisted; and
(B) the individuals and tribal communities
referred to in subparagraph (A) will
participate in the operation and evaluation of
the activities to be assisted.
(4) Priority.--In approving applications under
paragraph (1), the Secretary shall give priority to
applications from Indian educational agencies,
organizations, and institutions.
(e) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this subpart for a fiscal year may
be used to pay for administrative costs.
Subpart 4--National Research Activities
SEC. 9141. NATIONAL ACTIVITIES.
(a) Authorized Activities.--The Secretary may use funds made
available under section 9162(b) for each fiscal year to--
(1) conduct research related to effective approaches
for the education of Indian children and adults;
(2) evaluate federally assisted education programs
from which Indian children and adults may benefit;
(3) collect and analyze data on the educational
status and needs of Indians; and
(4) carry out other activities that are consistent
with the purpose of this part.
(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with, Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
(c) Coordination.--Research activities supported under this
section--
(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities
supported by the Office; and
(2) may include collaborative research activities
that are jointly funded and carried out by theOffice of
Indian Education and the Office of Educational Research and
Improvement.
(d) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant, contract, or
agreement made or entered into under this subpart for a fiscal
year may be used to pay for administrative costs.
Subpart 5--Federal Administration
SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) Membership.--There is established a National Advisory
Council on Indian Education (referred to in this section as the
``Council''), which shall--
(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
Indian organizations; and
(2) represent different geographic areas of the
United States.
(b) Duties.--The Council shall--
(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
(A) with respect to which the Secretary has
jurisdiction; and
(B)(i) that includes Indian children or
adults as participants; or
(ii) that may benefit Indian children or
adults;
(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a
vacancy occurs; and
(3) prepare and submit to Congress, not later than
June 30 of each year, a report on the activities of the
Council, including--
(A) any recommendations that the Council
considers to be appropriate for the improvement
of Federal education programs that include
Indian children or adults as participants, or
that may benefit Indian children or adults; and
(B) recommendations concerning the funding of
any program described in subparagraph (A).
SEC. 9152. PEER REVIEW.
The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2, 3, or
4.
SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
In making grants and entering into contracts or cooperative
agreements under subpart 2, 3, or 4, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of
higher education under any program with respect to which Indian
tribes, organizations, and institutions are eligible to apply
for grants, contracts, or cooperative agreements.
SEC. 9154. MINIMUM GRANT CRITERIA.
The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or 3 unless
the application is for a grant, contract, or cooperative
agreement that is--
(1) of sufficient size, scope, and quality to achieve
the purpose or objectives of such grant, contract, or
cooperative agreement; and
(2) based on relevant research findings.
Subpart 6--Definitions; Authorizations of Appropriations
SEC. 9161. DEFINITIONS.
In this part:
(1) Adult.--The term ``adult'' means an individual
who--
(A) has attained age 16; or
(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
(2) Free public education.--The term ``free public
education'' means education that is--
(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
(3) Indian.--The term ``Indian'' means an individual
who is--
(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
(i) any tribe or band terminated
since 1940; and
(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
(C) an individual who is considered by the
Secretary of the Interior to be an Indian for
any purpose;
(D) an Eskimo, Aleut, or other Alaska Native
(as defined in section 9306); or
(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of enactment of the
``Improving America's Schools Act of 1994''
(108 Stat. 3518).
SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Subpart 1.--There are authorized to be appropriated to
the Secretary of Education to carry out subpart 1 $62,000,000
for fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
(b) Subparts 2 Through 4.--There are authorized to be
appropriated to the Secretary of Education to carry out
subparts 2, 3, and 4 $4,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
PART B--NATIVE HAWAIIAN EDUCATION
SEC. 9201. SHORT TITLE.
This part may be cited as the ``Native Hawaiian Education
Act''.
SEC. 9202. FINDINGS.
Congress finds the following:
(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, Britain,
France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
(2) At the time of the arrival of the first non-
indigenous people in Hawai`i in 1778, the Native
Hawaiian people lived in a highly organized, self-
sufficient subsistence social system based on a
communal land tenure system with a sophisticated
language, culture, and religion.
(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawai`i.
(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawai`i, which was established in 1810 under
Kamehameha I, extended full and complete diplomatic
recognition to the Kingdom of Hawai`i, and entered into
treaties and conventions with the Kingdom of Hawai`i to
govern friendship, commerce and navigation in 1826,
1842, 1849, 1875, and 1887.
(5) In 1893, the sovereign, independent,
internationally recognized, and indigenous government
of Hawai`i, the Kingdom of Hawai`i, was overthrown by a
small group of non-Hawaiians, including United States
citizens, who were assisted in their efforts by the
United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom of
Hawai`i, in 1993 the United States apologized to Native
Hawaiians for the overthrow and the deprivation of the
rights of Native Hawaiians to self-determination
through Public Law 103-150 (107 Stat. 1510).
(6) In 1898, the joint resolution entitled ``Joint
Resolution to provide for annexing the Hawaiian Islands
to the United States'', approved July 7, 1898 (30 Stat.
750), ceded absolute title of all lands held by the
Republic of Hawai`i, including the government and crown
lands of the former Kingdom of Hawai`i, to the United
States, but mandated that revenue generated from the
lands be used ``solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and
other public purposes''.
(7) By 1919, the Native Hawaiian population had
declined from an estimated 1,000,000 in 1778 to an
alarming 22,600, and in recognition of this severe
decline, Congress enacted the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108), which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special
relationship between the United States and the Native
Hawaiians, which was described by then Secretary of the
Interior Franklin K. Lane, who said: ``One thing that
impressed me . . . was the fact that the natives of the
island who are our wards, I should say, and for whom in
a sense we are trustees, are falling off rapidly in
numbers and many of them are in poverty.''
(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act
of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C.
391b, 391b-1, 392b, 392c, 396, 396a), a provision to
lease lands within the National Parks extension to
Native Hawaiians and to permit fishing in the area
``only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their
guidance.''
(10) Under the Act entitled ``An Act to provide for
the admission of the State of Hawai`i into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of
the Hawaiian Home Lands to the State of Hawai`i but
reaffirmed the trust relationship between the United
States and the Hawaiian people by retaining the
exclusive power to enforce the trust, including the
power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such
Act.
(11) In 1959, under the Act entitled ``An Act to
provide for the admission of the State of Hawai`i into
the Union'', the United States also ceded to the State
of Hawai`i title to the public lands formerly held by
the United States, but mandated that such lands be held
by the State ``in public trust'' and reaffirmed the
special relationship that existed between the United
States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust
responsibility of the State of Hawai`i for the
betterment of the conditions of Native Hawaiians, as
defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
(12) The United States has recognized and reaffirmed
that--
(A) Native Hawaiians have a cultural,
historic, and land-based link to the indigenous
people who exercised sovereignty over the
Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its
sovereign lands;
(B) Congress does not extend services to
Native Hawaiians because of their race, but
because of their unique status as the
indigenous people of a once sovereign nation as
to whom the United States has established a
trust relationship;
(C) Congress has also delegated broad
authority to administer a portion of the
Federal trust responsibility to the State of
Hawai`i;
(D) the political status of Native Hawaiians
is comparable to that of American Indians and
Alaska Natives; and
(E) the aboriginal, indigenous people of the
United States have--
(i) a continuing right to autonomy in
their internal affairs; and
(ii) an ongoing right of self-
determination and self-governance that
has never been extinguished.
(13) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in--
(A) the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.);
(B) the American Indian Religious Freedom Act
(42 U.S.C. 1996);
(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
(D) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
(H) the Job Training Partnership Act (29
U.S.C. 1501 et seq.) and the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et
seq.); and
(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
(14) In 1981, Congress instructed the Office of
Education to submit to Congress a comprehensive report
on Native Hawaiian education. The report, entitled the
``Native Hawaiian Educational Assessment Project'', was
released in 1983 and documented that Native Hawaiians
scored below parity with regard to national norms on
standardized achievement tests, were disproportionately
represented in many negative social and physical
statistics indicative of special educational needs, and
had educational needs that were related to their unique
cultural situation, such as different learning styles
and low self-image.
(15) In recognition of the educational needs of
Native Hawaiians, in 1988, Congress enacted title IV of
the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988
(102 Stat. 130) to authorize and develop supplemental
educational programs to address the unique conditions
of Native Hawaiians.
(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native
Hawaiian Educational Assessment Project, which found
that despite the successes of the programs established
under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments of 1988, many of the same educational needs
still existed for Native Hawaiians. Subsequent reports
by the Kamehameha Schools Bishop Estate and other
organizations have generally confirmed those findings.
For example--
(A) educational risk factors continue to
start even before birth for many Native
Hawaiian children, including--
(i) late or no prenatal care;
(ii) high rates of births by Native
Hawaiian women who are unmarried; and
(iii) high rates of births to teenage
parents;
(B) Native Hawaiian students continue to
begin their school experience lagging behind
other students in terms of readiness factors
such as vocabulary test scores;
(C) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests at all grade
levels;
(D) both public and private schools continue
to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
(E) Native Hawaiian students continue to be
overrepresented among students qualifying for
special education programs provided to students
with learning disabilities, mild mental
retardation, emotional impairment, and other
such disabilities;
(F) Native Hawaiians continue to be
underrepresented in institutions of higher
education and among adults who have completed 4
or more years of college;
(G) Native Hawaiians continue to be
disproportionately represented in many negative
social and physical statistics indicative of
special educational needs, as demonstrated by
the fact that--
(i) Native Hawaiian students are more
likely to be retained in grade level
and to be excessively absent in
secondary school;
(ii) Native Hawaiian students have
the highest rates of drug and alcohol
use in the State of Hawai`i; and
(iii) Native Hawaiian children
continue to be disproportionately
victimized by child abuse and neglect;
and
(H) Native Hawaiians now comprise over 23
percent of the students served by the State of
Hawai`i Department of Education, and there are
and will continue to be geographically rural,
isolated areas with a high Native Hawaiian
population density.
(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among
groups of students from 39 States in reading. Given
that Hawaiian students rank among the lowest groups of
students nationally in reading, and that Native
Hawaiian students rank the lowest among Hawaiian
students in reading, it is imperative that greater
focus be placed on beginning reading and early
education and literacy in Hawai`i.
(18) The findings described in paragraphs (16) and
(17) are inconsistent with the high rates of literacy
and integration of traditional culture and Western
education historically achieved by Native Hawaiians
through a Hawaiian language-based public school system
established in 1840 by Kamehameha III.
(19) Following the overthrow of the Kingdom of
Hawai`i in 1893, Hawaiian medium schools were banned.
After annexation, throughout the territorial and
statehood period of Hawai`i, and until 1986, use of the
Hawaiian language as an instructional medium in
education in public schools was declared unlawful. The
declaration caused incalculable harm to a culture that
placed a very high value on the power of language, as
exemplified in the traditional saying: ``I ka `olelo no
ke ola; I ka `olelo no ka make. In the language rests
life; In the language rests death.''
(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their
cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
(21) The State of Hawai`i, in the constitution and
statutes of the State of Hawai`i--
(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language;
(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawai`i, which may be
used as the language of instruction for all
subjects and grades in the public school
system; and
(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using community
expertise as a suitable and essential means to
further the program.
SEC. 9203. PURPOSES.
The purposes of this part are to--
(1) authorize and develop innovative educational
programs to assist Native Hawaiians in reaching the
National Education Goals;
(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
Native Hawaiian education, and to provide periodic
assessment and data collection;
(3) supplement and expand programs and authorities in
the area of education to further the purposes of this
title; and
(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
education programs.
SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
(a) Establishment of Native Hawaiian Education Council.--In
order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(referred to in this part as the ``Education Council'').
(b) Composition of Education Council.--The Education Council
shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
(c) Conditions and Terms.--
(1) Conditions.--At least 10 members of the Education
Council shall be Native Hawaiian education service
providers and 10 members of the Education Council shall
be Native Hawaiians or Native Hawaiian education
consumers. In addition, a representative of the State
of Hawai`i Office of Hawaiian Affairs shall serve as a
member of the Education Council.
(2) Appointments.--The members of the Education
Council shall be appointed by the Secretary based on
recommendations received from the Native Hawaiian
community.
(3) Terms.--Members of the Education Council shall
serve for staggered terms of 3 years, except as
provided in paragraph (4).
(4) Council determinations.--Additional conditions
and terms relating to membership on the Education
Council, including term lengths and term renewals,
shall be determined by a majority of the Education
Council.
(d) Native Hawaiian Education Council Grant.--The Secretary
shall make a direct grant to the Education Council in order to
enable the Education Council to--
(1) coordinate the educational and related services
and programs available to Native Hawaiians, including
the programs assisted under this part;
(2) assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian
education;
(3) provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serve, where appropriate, in an
advisory capacity; and
(4) make direct grants, if such grants enable the
Education Council to carry out the duties of the
Education Council, as described in paragraphs (1)
through (3).
(e) Additional Duties of the Education Council.--
(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council, including any information that the
Education Council provides to the Secretary pursuant to
subsection (i), to the Secretary, the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Indian Affairs of
the Senate.
(2) Annual report.--The Education Council shall
prepare and submit to the Secretary an annual report on
the Education Council's activities.
(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
determines to be appropriate, in a manner that supports
the distinct needs of each island council.
(f) Establishment of Island Councils.--
(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Secretary is authorized to
facilitate the establishment of Native Hawaiian
education island councils (referred to individually in
this part as an ``island council'') for the following
islands:
(A) Hawai`i.
(B) Maui.
(C) Moloka`i.
(D) Lana`i.
(E) O`ahu.
(F) Kaua`i.
(G) Ni`ihau.
(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of
individuals concerned with the educational needs of all
age groups, from children in preschool through adults.
At least \3/4\ of the members of each island council
shall be Native Hawaiians.
(g) Administrative Provisions Relating to Education Council
and Island Councils.--The Education Council and each island
council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than 4 times during each calendar year. The provisions of
the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
(i) Report.--Not later than 4 years after the date of
enactment of the Educational Opportunities Act, the Secretary
shall prepare and submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Indian Affairs of the Senate a report that summarizes the
annual reports of the Education Council, describes the
allocation and use of funds under this part, and contains
recommendations for changes in Federal, State, and local policy
to advance the purposes of this part.
(j) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $300,000 for fiscal
year 2001 and such sums as may be necessary for each of the 4
succeeding fiscal years. Funds appropriated under this
subsection shall remain available until expended.
SEC. 9205. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Grants and contracts.--The Secretary is
authorized to make direct grants to, or enter into
contracts with--
(A) Native Hawaiian educational
organizations;
(B) Native Hawaiian community-based
organizations;
(C) public and private nonprofit
organizations, agencies, and institutions with
experience in developing or operating Native
Hawaiian programs or programs of instruction in
the Native Hawaiian language; and
(D) consortia of the organizations, agencies,
and institutions described in subparagraphs (A)
through (C),
to carry out programs that meet the purposes of this
part.
(2) Priorities.--In awarding grants or contracts to
carry out activities described in paragraph (3), the
Secretary shall give priority to entities proposing
projects that are designed to address--
(A) beginning reading and literacy among
students in kindergarten through third grade;
(B) the needs of at-risk children and youth;
(C) needs in fields or disciplines in which
Native Hawaiians are underemployed; and
(D) the use of the Hawaiian language in
instruction.
(3) Authorized activities.--Activities provided
through programs carried out under this part may
include--
(A) the development and maintenance of a
statewide Native Hawaiian early education and
care system to provide a continuum of services
for Native Hawaiian children from the prenatal
period of the children through age 5;
(B) the operation of family-based education
centers that provide such services as--
(i) programs for Native Hawaiian
parents and their infants from the
prenatal period of the infants through
age 3;
(ii) preschool programs for Native
Hawaiians; and
(iii) research on, and development
and assessment of, family-based, early
childhood, and preschool programs for
Native Hawaiians;
(C) activities that enhance beginning reading
and literacy in either the Hawaiian or the
English language among Native Hawaiian students
in kindergarten through third grade and
assistance in addressing the distinct features
of combined English and Hawaiian literacy for
Hawaiian speakers in fifth and sixth grade;
(D) activities to meet the special needs of
Native Hawaiian students with disabilities,
including--
(i) the identification of such
students and their needs;
(ii) the provision of support
services to the families of those
students; and
(iii) other activities consistent
with the requirements of the
Individuals with Disabilities Education
Act;
(E) activities that address the special needs
of Native Hawaiian students who are gifted and
talented, including--
(i) educational, psychological, and
developmental activities designed to
assist in the educational progress of
those students; and
(ii) activities that involve the
parents of those students in a manner
designed to assist in the students'
educational progress;
(F) the development of academic and
vocational curricula to address the needs of
Native Hawaiian children and adults, including
curriculum materials in the Hawaiian
languageand mathematics and science curricula that incorporate Native
Hawaiian tradition and culture;
(G) professional development activities for
educators, including--
(i) the development of programs to
prepare prospective teachers to address
the unique needs of Native Hawaiian
students within the context of Native
Hawaiian culture, language, and
traditions;
(ii) in-service programs to improve
the ability of teachers who teach in
schools with concentrations of Native
Hawaiian students to meet those
students' unique needs; and
(iii) the recruitment and preparation
of Native Hawaiians, and other
individuals who live in communities
with a high concentration of Native
Hawaiians, to become teachers;
(H) the operation of community-based learning
centers that address the needs of Native
Hawaiian families and communities through the
coordination of public and private programs and
services, including--
(i) preschool programs;
(ii) after-school programs; and
(iii) vocational and adult education
programs;
(I) activities to enable Native Hawaiians to
enter and complete programs of postsecondary
education, including--
(i) provision of full or partial
scholarships for undergraduate or
graduate study that are awarded to
students based on their academic
promise and financial need, with a
priority, at the graduate level, given
to students entering professions in
which Native Hawaiians are
underrepresented;
(ii) family literacy services;
(iii) counseling and support services
for students receiving scholarship
assistance;
(iv) counseling and guidance for
Native Hawaiian secondary students who
have the potential to receive
scholarships; and
(v) faculty development activities
designed to promote the matriculation
of Native Hawaiian students;
(J) research and data collection activities
to determine the educational status and needs
of Native Hawaiian children and adults;
(K) other research and evaluation activities
related to programs carried out under this
part; and
(L) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
(4) Special rule and conditions.--
(A) Institutions outside hawaii.--The
Secretary shall not establish a policy under
this section that prevents a Native Hawaiian
student enrolled at a 2- or 4-year degree
granting institution of higher education
outside of the State of Hawai`i from receiving
a fellowship pursuant to paragraph (3)(I).
(B) Fellowship conditions.--The Secretary
shall establish conditions for receipt of a
fellowship awarded under paragraph (3)(I). The
conditions shall require that an individual
seeking such a fellowship enter into a contract
to provide professional services, either during
the fellowship period or upon completion of a
program of postsecondary education, to the
Native Hawaiian community.
(b) Administrative Costs.--Not more than 5 percent of funds
provided to a grant recipient under this section for any fiscal
year may be used for administrative purposes.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $23,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years. Funds appropriated under this
subsection shall remain available until expended.
SEC. 9206. ADMINISTRATIVE PROVISIONS.
(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
(b) Special Rule.--Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate
in the program to be carried out under the grant or contract,
and include those comments, if any, with the application to the
Secretary.
SEC. 9207. DEFINITIONS.
In this part:
(1) Native hawaiian.--The term ``Native Hawaiian''
means any individual who is--
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people
who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the
State of Hawai`i, as evidenced by--
(i) genealogical records;
(ii) Kupuna (elders) or Kama`aina
(long-term community residents)
verification; or
(iii) certified birth records.
(2) Native hawaiian community-based organization.--
The term ``Native Hawaiian community-based
organization'' means any organization that is composed
primarily of Native Hawaiians from a specific community
and that assists in the social, cultural, and
educational development of Native Hawaiians in that
community.
(3) Native hawaiian educational organization.--The
term ``Native Hawaiian educationalorganization'' means
a private nonprofit organization that--
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective,
values, language, culture, and traditions into
the core function of the organization;
(D) has demonstrated expertise in the
education of Native Hawaiian youth; and
(E) has demonstrated expertise in research
and program development.
(4) Native hawaiian language.--The term ``Native
Hawaiian language'' means the single Native American
language indigenous to the original inhabitants of the
State of Hawai`i.
(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and
policymaking positions within the
organizations; and
(C) is recognized by the Governor of Hawai`i
for the purpose of planning, conducting, or
administering programs (or portions of
programs) for the benefit of Native Hawaiians.
(6) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' means the office of Hawaiian Affairs
established by the Constitution of the State of
Hawai`i.
PART C--ALASKA NATIVE EDUCATION
SEC. 9301. SHORT TITLE.
This part may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
SEC. 9302. FINDINGS.
Congress finds the following:
(1) The attainment of educational success is critical
to the betterment of the conditions, long-term well-
being, and preservation of the culture of Alaska
Natives.
(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
(3) Alaska Native children enter and exit school with
serious educational handicaps.
(4) The educational achievement of Alaska Native
children is far below national norms. Native
performance on standardized tests is low, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
(5) The programs authorized in this title, combined
with expanded Head Start, infant learning and early
childhood education programs, and parent education
programs are essential if educational handicaps are to
be overcome.
(6) The sheer magnitude of the geographic barriers to
be overcome in delivering educational services in rural
Alaska and Alaska villages should be addressed through
the development and implementation of innovative, model
programs in a variety of areas.
(7) Congress finds that Native children should be
afforded the opportunity to begin their formal
education on a par with their non-Native peers. The
Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for all
students.
SEC. 9303. PURPOSES.
The purposes of this part are to--
(1) recognize the unique educational needs of Alaska
Natives;
(2) authorize the development of supplemental
educational programs to benefit Alaska Natives;
(3) supplement programs and authorities in the area
of education to further the objectives of this part;
and
(4) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
SEC. 9304. PROGRAM AUTHORIZED.
(a) General Authority.--
(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational entities
with experience in developing or operating Alaska
Native programs or programs of instruction conducted in
Alaska Native languages, and consortia of such
organizations and entities to carry out programs that
meet the purposes of this part.
(2) Permissible activities.--Activities provided
through programs carried out under this part may
include--
(A) the development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives;
(B) the development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including--
(i) curriculum materials that reflect
the cultural diversity or the
contributions of Alaska Natives;
(ii) instructional programs that make
use of Native Alaskan languages; and
(iii) networks that introduce
successful programs, materials, and
techniques to urban and rural schools;
(C) professional development activities for
educators, including--
(i) programs to prepare teachers to
address the cultural diversity and
unique needs of Alaska Native students;
(ii) in-service programs to improve
the ability of teachers to meet the
unique needs of Alaska Native students;
and
(iii) recruitment and preparation of
teachers who are Alaska Native, reside
in communities with high concentrations
of Alaska Native students, or are
likely to succeed as teachers in
isolated, rural communities and engage
in cross-cultural instruction in
Alaska;
(D) the development and operation of home
instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children's education from the earliest
ages;
(E) family literacy services;
(F) the development and operation of student
enrichment programs in science and mathematics
that--
(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter secondary
school, to excel in science and math;
and
(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
(G) research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults;
(H) other research and evaluation activities
related to programs carried out under this
part; and
(I) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children carried
out under paragraph (2)(D) may include--
(A) programs for parents and their infants,
from the prenatal period of the infant through
age 3;
(B) preschool programs; and
(C) training, education, and support for
parents in such areas as reading readiness,
observation, story telling, and critical
thinking.
(b) Administrative Costs.--Not more than 5 percent of funds
provided to a grant recipient under this section for any fiscal
year may be used for administrative purposes.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $17,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
SEC. 9305. ADMINISTRATIVE PROVISIONS.
(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
(b) Applications.--A State educational agency or local
educational agency may apply for a grant or contract under this
part only as part of a consortium involving an Alaska Native
organization. The consortium may include other eligible
applicants.
(c) Consultation Required.--Each applicant for a grant or
contract under this part shall provide for ongoing advice from
and consultation with representatives of the Alaska Native
community.
(d) Local Educational Agency Coordination.--Each applicant
for a grant or contract under this part shall inform each local
educational agency serving students who will participate in the
program to be carried out under the grant or contract about the
application.
SEC. 9306. DEFINITIONS.
In this part:
(1) Alaska native.--The term ``Alaska Native'' has
the meaning given the term ``Native'' in section 3(b)
of the Alaska Native Claims Settlement Act.
(2) Alaska native organization.--The term ``Alaska
Native organization'' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, or another organization that--
(A) has or commits to acquire expertise in
the education of Alaska Natives; and
(B) has Alaska Natives in substantive and
policymaking positions within the organization.
[TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE]
TITLE X_GENERAL PROVISIONS
[PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
[SEC. 10101. [20 U.S.C. 8001] 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 pre-school 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. [20 U.S.C. 8002] 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 theSecretary 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. [20 U.S.C. 8003] 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. [20 U.S.C. 8004] 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. [20 U.S.C. 8005] 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
suchinformation 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. [20 U.S.C. 8006] 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. [20 U.S.C. 8007] 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 E] PART A--UNIFORM PROVISIONS
SEC. [14501] 10101. [20 U.S.C. 8891] 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.] 10102. [20 U.S.C. 8892] 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.] 10103. [20 U.S.C. 8893] 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 the program
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).]
(A) part C of title I;
(B) title II;
(C) part A of title IV;
(D) part A of title V; and
(E) title VII.
(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.] 10104. [20 U.S.C. 8894] 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, of 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], 10103, 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 requirement of this section and of sections [14503,
14505, and 14506] 10103, 10105, and 10106.
SEC. [14505.] 10105. [20 U.S.C. 8895] 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] 10103 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.] 10106. [20 U.S.C. 8896] BY-PASS DETERMINATION PROCESS.
(a) Review.--
(1) In general.--(A) The Secretary shall not take any
final action under section [14504] 10104 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 failed 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) Finding 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] 10103 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.] 10107. [20 U.S.C. 8897] 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.] 10108. [20 U.S.C. 8898] APPLICABILITY TO HOME SCHOOLS.
Nothing in this Act shall be construed to affect home
schools.
SEC. [14509.] 10109. [20 U.S.C. 8899] 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.] 10110. [20 U.S.C. 8900] 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.] 10116. [20 U.S.C. 8901] 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.] 10112. [20 U.S.C. 8902] 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.] 10113. [20 U.S.C. 8903] 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.] 10114. [20 U.S.C. 8904] 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.
SEC. 10115. CONSTRUCTION.
Nothing in this Act shall be construed to prohibit
recruiters for the Armed Forces of the United States from
receiving the same access to secondary school students, and to
directory information concerning such students, as is provided
to postsecondary educational institutions or to prospective
employers of such students, because all students should have
access to high quality continuing education or service
opportunities.
SEC. 10116. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.
For purposes of any competitive program under this Act--
(1) a consortium of schools operated by the Bureau of
Indian Affairs;
(2) a school operated under a contract or grant with
the Bureau of Indian Affairs in consortium with another
contract or grant school, or with a tribal or community
organization; or
(3) a Bureau of Indian Affairs school in consortium
with an institution of higher education, with a
contract or grant school, or with a tribal or community
organization,
shall be given the same consideration as a local educational
agency.
[PART B--GIFTED AND TALENTED CHILDREN
[SEC. 10201. [20 U.S.C. 8031] SHORT TITLE.
[This part may be cited as the ``Jacob K. Javits Gifted and
Talented Students Education Act of 1994''.
[SEC. 10202. [20 U.S.C. 8032] FINDINGS AND PURPOSES.
[(a) Findings.--The Congress finds and declares that--
[(1) all students can learn to high standards and
must develop their talents and realize their potential
if the United States is to prosper;
[(2) gifted and talented students are a national
resource vital to the future of the Nation and its
security and well-being;
[(3) too often schools fail to challenge students to
do their best work, and students who are not challenged
will not learn to challenging State content standards
and challenging State student performance standards,
fully develop their talents, and realize their
potential;
[(4) unless the special abilities of gifted and
talented students are recognized and developed during
such students' elementary and secondary school years,
much of such students' special potential for
contributing to the national interest is likely to be
lost;
[(5) gifted and talented students from economically
disadvantaged families and areas, and students of
limited-English proficiency are at greatest risk of
being unrecognized and of not being provided adequate
or appropriate educational services;
[(6) State and local educational agencies and private
non-profit schools often lack the necessary specialized
resources to plan and implement effective programs for
the early identification of gifted and talented
students and for the provision of educational services
and programs appropriate to their special needs;
[(7) the Federal Government can best carry out the
limited but essential role of stimulating research and
development and personnel training and providing a
national focal point of information and technical
assistance that is necessary to ensure that the
Nation's schools are able to meet the special
educational needs of gifted and talented students, and
thereby serve a profound national interest; and
[(8) the experience and knowledge gained in
developing and implementing programs for gifted and
talented students can and should be used as a basis
to--
[(A) develop a rich and challenging
curriculum for all students; and
[(B) provide all students with important and
challenging subject matter to study and
encourage the habits of hard work.
[(b) Statement of Purpose.--It is the purpose of this
part--
[(1) to provide financial assistance to State and
local educational agencies, institutions of higher
education, and other public and private agencies and
organizations, to initiate a coordinated program of
research, demonstration projects, personnel training,
and similar activities designed to build a nationwide
capability in elementary and secondary schools to meet
the special educational needs of gifted and talented
students;
[(2) to encourage the development of rich and
challenging curricula for all students through the
appropriate application and adaptation of materials and
instructional methods developed under this part; and
[(3) to supplement and make more effective the
expenditure of State and local funds, for the education
of gifted and talented students.
[SEC. 10203. [20 U.S.C. 8033] CONSTRUCTION.
[Nothing in this part shall be construed to prohibit a
recipient of funds under this part from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational setting where
appropriate.
[SEC. 10204. [20 U.S.C. 8034] AUTHORIZED PROGRAMS.
[(a) Establishment of Program.--
[(1) In general.--From the sums appropriated under
section 10207 in any fiscal year the Secretary (after
consultation with experts in the field of the education
of gifted and talented students) shall make grants to
or enter into contracts with State educational
agencies, local educational agencies, institutions of
higher education, or other public agencies and private
agencies and organizations (including Indian tribes and
Indian organizations (as such terms are defined by the
Indian Self-Determination and Education Assistance Act)
and Native Hawaiian organizations) to assist such
agencies, institutions, and organizations which submit
applications in carrying out programs or projects
authorized by this part that are designed to meet the
educational needs of gifted and talented students,
including the training of personnel in the education of
gifted and talents students and in the use, where
appropriate, of gifted and talented services,
materials, and methods for all students.
[(2) Application.--Each entity desiring assistance
under this part shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall describe how--
[(A) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
[(B) the proposed programs can be evaluated.
[(b) Uses of Funds.--Programs and projects assisted under
this section may include--
[(1) professional development (including fellowships)
for personnel (including leadership personnel) involved
in the education of gifted and talented students;
[(2) establishment and operations of model projects,
and exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs, summer
programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education;
[(3) training of personnel and parents involved in
gifted and talented programs with respect to the impact
of gender role socialization on the educational needs
of gifted and talented children and in gender equitable
education methods, techniques and practices;
[(4) implementing innovative strategies, such as
cooperative learning, peer tutoring and service
learning;
[(5) strengthening the capability of State
educational agencies and institutions of higher
education to provide leadership and assistance to local
educational agencies and nonprofit private schools in
the planning, operation, and improvement of programs
for the identification and education of gifted and
talented students and the appropriate use of gifted and
talented programs and methods to serve all students;
[(6) programs of technical assistance and information
dissemination, including how gifted and talented
programs and methods, where appropriate, may be adapted
for use by all students; and
[(7) carrying out--
[(A) research on methods and techniques for
identifying and teaching gifted and talented
students, and for using gifted and talented
programs and methods to serve all students; and
[(B) program evaluations, surveys, and the
collection, analysis, and development of
information needed to accomplish the purposes
of this part.
[(c) Establishment of National Center.--
[(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Center for Research and Development in the Education of
Gifted and Talented Children and Youth through grants
to or contracts with one or more institutions of higher
education or State educational agency, or a combination
or consortium of such institutions and agencies, for
the purpose of carrying out activities described in
paragraph (7) of subsection (b).
[(2) Director.--Such National Center shall have a
Director. The Secretary may authorize the Director to
carry out such functions of the National Center as may
be agreed upon through arrangements with other
institutions of higher education, State or local
educational agencies, or other public or private
agencies and organizations.
[(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects authorized by this section may be used to conduct
activities pursuant to subsection (b)(7) or (c).
[(e) Coordination.--Research activities supported under
this section--
[(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities
supported by such Office; and
[(2) may include collaborative research activities
which are jointly funded and carried out with such
Office.
[SEC. 10205. [20 U.S.C. 8035] PROGRAM PRIORITIES.
[(a) General Priority.--In the administration of this part
the Secretary shall give highest priority--
[(1) to the identification of and the provision of
services to gifted and talented students who may not be
identified and served through traditional assessment
methods (including economically disadvantaged
individuals, individuals of limited-English
proficiency, and individuals with disabilities); and
[(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or
region of the Nation through cooperative efforts and
participation of State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations (including business,
industry, and labor), to plan, conduct, and improve
programs for the identification of and service to
gifted and talented students, such as mentoring and
apprenticeship programs.
[(b) Service Priority.--In approving applications for
assistance under section 10204(a)(2), the Secretary shall
assure that in each fiscal year at least one-half of the
applications approved under such section address the priority
described in subsection (a)(1).
[SEC. 10206. [20 U.S.C. 8036] GENERAL PROVISIONS.
[(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students
and teachers in private nonprofit elementary and secondary
schools, including the participation of teachers and other
personnel in professional development programs serving such
children.
[(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
[(1) use a peer review process in reviewing
applications under this part;
[(2) ensure that information on the activities and
results of programs and projects funded under this part
is disseminated to appropriate State and local agencies
and other appropriate organizations, including
nonprofit private organizations; and
[(3) evaluate the effectiveness of programs under
this part in accordance with section 14701, both in
terms of the impact on students traditionally served in
separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than January 1, 1998.
[(c) Program Operations.--The Secretary shall ensure that
the programs under this part are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
[(1) administer the programs authorized by this part;
[(2) coordinate all programs for gifted and talented
students administered by the Department.
[(3) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs; and
[(4) assist the Assistant Secretary of the Office of
Educational which reflect the needs of gifted and
talented students.
[SEC. 10207. [20 U.S.C. 8037] AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $10,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
the four succeeding fiscal years to carry out the provisions of
this part.
[PART C--PUBLIC CHARTER SCHOOLS
[SEC. 10301. [20 U.S.C. 8061] FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds that--
[(1) enhancement of parent and student choices among
public schools can assist in promoting comprehensive
educational reform and give more students the
opportunity to learn to challenging State content
standards and challenging State student performance
standards, if sufficiently diverse and high-quality
choices, and genuine opportunities to take advantage of
such choices, are available to all students;
[(2) useful examples of such choices can come from
States and communities that experiment with methods of
offering teachers and other educators, parents, and
other members of the public the opportunity to design
and implement new public schools and to transform
existing public schools;
[(3) charter schools are a mechanism for testing a
variety of educational approaches and should,
therefore, be exempted from restrictive rules and
regulations if the leadership of such schools commits
to attaining specific and ambitious educational results
for educationally disadvantaged students consistent
with challenging State content standards and
challenging State student performance standards for all
students;
[(4) charter schools, as such schools have been
implemented in a few States, can embody the necessary
mixture of enhanced choice, exemption from restrictive
regulations, and a focus on learning gains;
[(5) charter schools, including charter schools that
are schools-within-schools, can help reduce school
size, which reduction can have a significant effect on
student achievement;
[(6) the Federal Government should test, evaluate,
and disseminate information on a variety of charter
school models in order to help demonstrate the benefits
of this promising educational reform; and
[(7) there is a strong documented need for cash-flow
assistance to charter schools that are starting up,
because State and local operating revenue streams are
not immediately available.
[(b) Purpose.--It is the purpose of this part to increase
national understanding of the charter schools model by--
[(1) providing financial assistance for the planning,
program design and initial implementation of charter
schools;
[(2) evaluating the effects of such schools including
the effects on students, student achievement, staff,
and parents; and
[(3) expanding the number of high-quality charter
schools available to students across the Nation.
[SEC. 10302. [20 U.S.C. 8062] PROGRAM AUTHORIZED.
[(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 10303 to enable such agencies to conduct a charter
school grant program in accordance with this part.
[(b) Special Rule.--If a State educational agency elects
not to participate in the program authorized by this part or
does not have an application approved under section 10303, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 10303(c).
[(c) Program Periods.--
[(1) Grants to states.--Grants awarded to State
educational agencies under this part shall be awarded
for a period of not more than 3 years.
[(2) Grants to eligible applicants.--Grants awarded
by the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this part shall be awarded for a
period of not more than 3 years, of which the eligible
applicant may use--
[(A) not more than 18 months for planning and
program design;
[(B) not more than 2 years for the initial
implementation of a charter school; and
[(C) not more than 2 years to carry out
dissemination activities described in section
10304(f)(6)(B).
[(d) Limitation.--A charter school may not receive--
[(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
[(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
[(e) Priority Treatment.--
[(1) In general.--
[(A) Fiscal years 1999, 2000, and 2001.--In
awarding grants under this part for any of the
fiscal years 1999, 2000, and 2001 from funds
appropriated under section 10311 that are in
excess of $51,000,000 for the fiscal year, the
Secretary shall give priority to States to the
extent that the States meet the criteria
described in paragraph (A), (B), or (C) of
paragraph (3).
[(B) Succeeding fiscal years.--In awarding
grants under this part for fiscal year 2002 or
any succeeding fiscal year from any funds
appropriated under section 10311, the Secretary
shall give priority to States to the extent
that the States meet the criteria described in
paragraph (2) and one or more of the criteria
described in subparagraph (A), (B), or (C) of
paragraph (3).
[(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) is that the State
provides for periodic review and evaluation by the
authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the schools'
charter, and is meeting or exceeding the academic
performance requirements and goals for charter schools
as set forth under State law or the schools' charter.
[(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
[(A) The State has demonstrated progress, in
increasing the number of high quality charter
schools that are held accountable in the terms
of the school's charters for meeting clear and
measurable objectives for the educational
progress of the students attending the schools,
in the period prior to the period for which a
State educational agency or eligible applicant
applies for a grant under this part.
[(B) The State--
[(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
[(ii) in the case of a State in which
local educational agencies are the only
authorized public chartering agencies,
allow for an appeals process for the
denial of an application for a charter
school.
[(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
[(f) Amount Criteria.--In determining the amount of a grant
to be awarded under this part to a State educational agency,
the Secretary shall take into consideration the number of
charter schools that are operating, or are approved to open, in
the State.
[SEC. 10303. [20 U.S.C. 8063] APPLICATIONS.
[(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this part shall submit to the Secretary an application at such
time, in such manner, and containing or accompanied by such
information as the Secretary may require.
[(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
[(1) describe the objectives of the State educational
agency's charter school grant program and a description
of how such objectives will be fulfilled, including
steps taken by the Stateeducational agency to inform
teachers, parents, and communities of the State educational agency's
charter school grant program; and
[(2) describe how the State educational agency--
[(A) will inform each charter school in the
State regarding--
[(i) Federal funds that the charter
school is eligible to receive; and
[(ii) Federal programs in which the
charter school may participate;
[(B) will ensure that each charter school in
the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
[(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
[(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
[(A) a description of the educational program
to be implemented by the proposed charter
school, including--
[(i) how the program will enable all
students to meet challenging State
student performance standards;
[(ii) the grade levels or ages of
children to be served; and
[(iii) the curriculum and
instructional practices to be used;
[(B) a description of how the charter school
will be managed;
[(C) a description of--
[(i) the objectives of the charter
school; and
[(ii) the methods by which the
charter school will determine its
progress toward achieving those
objectives;
[(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
[(E) a description of how parents and other
members of the community will be involved in
the planning, program design and implementation
of the charter school;
[(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
[(G) a request and justification for waivers
of any Federal statutory or regulatory
provisions that the applicant believes are
necessary for the successful operation of the
charter school, and a description of any State
or local rules, generally applicable to public
schools, that will be waived for, or otherwise
not apply to, the school;
[(H) a description of how the subgrant funds
or grant funds, as appropriate, will be used,
including a description of how such funds will
be used in conjunction with other Federal
programs administered by the Secretary;
[(I) a description of how students in the
community will be--
[(i) informed about the charter
school; and
[(ii) given an equal opportunity to
attend the charter school;
[(J) an assurance that the eligible applicant
will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in
subparagraph (C)(i);
[(K) an assurance that the applicant will
cooperate with the Secretary and the State
educational agency in evaluating the program
assisted under this part;
[(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
[(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 10302(c)(2)(C), a description of
those activities and how those activities will
involve charter schools and other public
schools, local educational agencies,
developers, and potential developers; and
[(N) such other information and assurances as
the Secretary and the State educational agency
may require.
[(c) Contents of Eligible Applicant Application.--Each
eligible applicant desiring a grant pursuant to section
10302(b) shall submit an application to the State educational
agency or Secretary, respectively, at such time, in such
manner, and accompanied by such information as the State
educational agency or Secretary, respectively, may reasonably
require.
[(d) Contents of Application.--Each application submitted
pursuant to subsection (c) shall contain--
[(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears; and
[(2) assurances that the State educaiton agency--
[(A) will grant, or will obtain waivers of
State statutory or regulatory requirements; and
[(B) will assist each subgrantee in the State
in receiving a waiver under section 10304(e).
[SEC. 10304. [20 U.S.C. 8064] ADMINISTRATION.
[(a) Selection Criteria for State Educational Agencies.--
The Secretary shall award grants to State educational agencies
under this part on the basis of the quality of the applications
submitted under section 10303(b), after taking into
consideration such factors as--
[(1) the contribution that the charter schools grant
program will make to assisting educationally
disadvantaged and other students to achieving State
content standards and State student performance
standards and, in general, a State's education
improvement plan;
[(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
[(3) the ambitiousness of the objectives for the
State charter school grant program;
[(4) the quality of the strategy for assessing
achievement of those objectives;
[(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
[(6) the number of high quality charter schools
created under this part in the State; and
[(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under section 10302(c)(2)(C), the quality of
those activities and the likelihood that those
activities will improve student achievement.
[(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
part on the basis of the quality of the applications submitted
under section 10303(c), after taking into consideration such
factors as--
[(1) the quality of the proposed curriculum and
instructional practices;
[(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local
educational agency to the charter school;
[(3) the extent of community support for the
application;
[(4) the ambitiousness of the objectives for the
charter school;
[(5) the quality of the strategy for assessing
achievement of those objectives;
[(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
[(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under section 10302(c)(2)(C), the quality of
those activities and the likelihood that those
activities will improve student achievement.
[(c) Peer Review.--The Secretary, and each State
educational agency receiving a grant under this part, shall use
a peer review process to review applications for assistance
under this part.
[(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall
award subgrants under this part in a manner that, to the extent
possible, ensures that such grants and subgrants--
[(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
[(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
[(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administration authority except any such requirement relating
to the elements of a charter school described in section
10310(1), if--
[(1) the waiver is requested in an approved
application under this part; and
[(2) the Secretary determines that granting such a
waiver will promote the purpose of this part.
[(f) Use of Funds.--
[(1) State educational agencies.--Each State
educational agency receiving a grant under this part
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this part, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
[(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this part.
[(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this part may use
the grant or subgrant funds only for--
[(A) post-award planning and design of the
educational program, which may include--
[(i) refinement of the desired
educational results and of the methods
for measuring progress toward achieving
those results; and
[(ii) professional development of
teachers and other staff who will work
in the charter school; and
[(B) initial implementation of the charter
school, which may include--
[(i) informing the community about
the school;
[(ii) acquiring necessary equipment
and educational materials and supplies;
[(iv) other initial operational costs
that cannot be met from State or local
sources.
[(4) Administrative expenses.--Each State educational
agency receiving a grant pursuant to this part may
reserve not more than 5 percent of such grant funds for
administrative expenses associated with the charter
school grant program assisted under this part.
[(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this part may
reserve not more than 10 percent of the grant amount
for the establishment of a revolving loan fund. Such
fund may be used to make loans to eligible applicants
that have received a subgrant under this part, under
such terms as may be determined by the State
educational agency, for the initial operation of the
charter school grant program of such recipient until
such time as the recipient begins receiving ongoing
operational support from State or local financing
sources.
[(6) Dissemination.--
[(A) In general.--A charter school may apply
for funds under this part, whether or not the
charter school has applied for or received
funds under this part for planning, program
design, or implementation, to carry out the
activities described in subparagraph (B) if the
charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
[(i) substantial progress in
improving student achievement;
[(ii) high levels of parent
satisfaction; and
[(iii) the management and leadership
necessary to overcome initial start-up
problems and establish a thriving,
financially viable charter school.
[(B) Activities.--A charter school described
in subparagraph (A) may use funds reserved
under paragraph (1) to assist other schools in
adapting the charter school's program (or
certain aspects of the charter school's
program), or to disseminate information about
the charter school, through such activities
as--
[(i) assisting other individuals with
the planning and start-up of one or
more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
[(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
performance in each of the schools
participating in the partnership;
[(iii) developing curriculum
materials, assessments, and other
materials that promote increased
student achievement and are based on
successful practices within the
assisting charter school; and
[(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student performance in other
schools.
[(g) Tribally Controlled Schools.--Each State that receives
a grant under this part and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
[(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
[(2) the amount of such aid.
[SEC. 10305. [20 U.S.C. 8065] NATIONAL ACTIVITIES.
[(a) In General.--The Secretary shall reserve for each
fiscal year the greater of 5 percent or $5,000,000 of the
amount appropriated to carry out this part, except that in no
fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
[(1) To provide charter schools, either directly or
through State educational agencies, with--
[(A) information regarding--
[(i) Federal funds that charter
schools are eligible to receive; and
[(ii) other Federal programs in which
charter schools may participate; and
[(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
[(2) To provide for the completion of the 4-year
national study (which began in 1995) of charter
schools.
[(3) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools
on student achievement, including information
regarding--
[(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
[(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
[(4) To provide--
[(A) information to applicants for assistance
under this part;
[(B) assistance to applicants for assistance
under this part with the preparation of
applications under section 10303;
[(C) assistance in the planning and startup
of charter schools;
[(D) training and technical assistance to
existing charter schools; and
[(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
[(5) To provide (including through the use of one or
more contracts that use a competitive bidding process)
for the collection of information regarding the
financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
[(b) Construction.--Nothing in this section shall be
construed to require charter schools to collect any data
described in subsection (a).
[SEC. 10306. [20 U.S.C. 8065A] FEDERAL FORMULA ALLOCATION DURING FIRST
YEAR AND FOR SUCCESSIVE ENROLLMENT EXPANSIONS.
[(a) In General.--For purposes of the allocation to schools
by the States or their agencies of funds under part A of title
I, and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State
educational agency shall take such measures not later than 6
months after the date of the enactment of the Charter School
Expansion Act of 1998 as are necessary to ensure that every
charter school receives the Federal funding for which the
charter school is eligible not later than 5 months after the
charter school first opens, notwithstanding the fact that the
identity and characteristics of the students enrolling in that
charter school are not fully and completely determined until
that charter school actually opens. The measures similarly
shall ensure that every charter school expanding its enrollment
in any subsequent year of operation receives the Federal
funding for which the charter school is eligible not later than
5 months after such expansion.
[(b) Adjustment and Late Openings.--
[(1) In general.--The measures described in
subsection (a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where
payments made to a charter school on the basis of
estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
[(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary and
applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such academic
year have a full and fair opportunity to receive those
funds during the charter schools' first year of
operation.
[SEC. 10307. [20 U.S.C. 8065B] SOLICITATION OF INPUT FROM CHARTER
SCHOOL OPERATORS.
[To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this part, as well as in the development of any rules
or regulations relevant to charter schools that are required to
implement part A of title I, the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), or any other program
administered by the Secretary that provides education funds to
charter schools or regulates the activities of charter schools.
[SEC. 10308. [20 U.S.C. 8065C] RECORDS TRANSFER.
[State educational agencies and local educational agencies,
to the extent practicable, shall ensure that a student's
records and, if applicable, a student's individualized
education program as defined in section 602(11) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(11)), are transferred to a charter school upon the
transfer of the student to the charter school, and to another
public school upon the transfer of the student from a charter
school to another public school, in accordance with applicable
State law.
[SEC. 10309. [20 U.S.C. 8065D] PAPERWORK REDUCTION.
[To the extent practicable, the Secretary and each
authorized public chartering agency shall ensure that
implementation of this part results in a minimum of paperwork
for any eligible applicant or charter school.
[SEC. 10310. [20 U.S.C. 8066] DEFINITIONS.
[As used in this part:
[(1) The term ``charter school'' means a public
school that--
[(A) in accordance with a specific State
statute authorizing the granting of charters to
schools \1\, is exempted from significant State
or local rules that inhibit the flexible
operation and management of public schools, but
not from any rules relating to the other
requirements of this paragraph;
[(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
[(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
[(D) provides a program of elementary or
secondary education, or both;
[(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
[(F) does not charge tuition;
[(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
[(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;
[(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary and secondary schools in the State,
unless such requirements are specifically
waived for the purpose of this program;
[(J) meets all applicable Federal, State, and
local health and safety requirements;
[(K) operates in accordance with State law;
and
[(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant toany
other assessments mutually agreeable to the authorized public
chartering agency and the charter school.
[(2) The term ``developer'' means an individual or
group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a charter
school project will be carried out.
[(3) The term ``eligible applicant'' means an
authorized public chartering agency participating in a
partnership with a developer to establish a charter
school in accordance with this part.
[(4) The term ``authorized public chartering agency''
means a State educational agency, local educational
agency, or other public entity that has the authority
pursuant to State law and approved by the Secretary to
authorize or approve a charter school.
[SEC. 10311. [20 U.S.C. 8067] AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for fiscal year 1999
and such sums as may be necessary for each of the four
succeeding fiscal years.
[PART D--ARTS IN EDUCATION
[Subpart 1--Arts Education
[SEC. 10401. [20 U.S.C. 8091] 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 subject 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 JohnF. 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. [20 U.S.C. 8101] 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. [20 U.S.C. 8102] 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) our-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. [U.S.C. 8103] 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 educational 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. [20 U.S.C. 8104] 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. [20 U.S.C. 8105] 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 E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
[SEC. 10501. [20 U.S.C. 8131] INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
[(a) Authorization.--The Secretary is authorized to enter
into a contract with Reading is Fundamental (RIF) (hereafter in
this section referred to as ``the contractor'') to support and
promote programs, which include the distribution of inexpensive
books to students, that motivate children to read.
[(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
[(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the
distribution of books, by gift, to the extent feasible,
or loan, to children from birth through secondary
school age, including those in family literacy
programs;
[(2) provide that funds made available to
subcontractors will be used only to pay the Federal
share of the cost of such programs;
[(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
programs that will serve a substantial number or
percentage of children with special needs, such as--
[(A) low-income children, particularly in
high-poverty areas;
[(B) children at risk of school failure;
[(C) children with disabilities;
[(D) foster children;
[(E) homeless children;
[(F) migrant children;
[(G) children without access to libraries;
[(H) institutionalized or incarcerated
children; and
[(I) children whose parents are
institutionalized or incarcerated;
[(4) provide that the contractor will provide such
technical assistance to subcontractors as may be
necessary to carry out the purpose of this section;
[(5) provide that the contractor will annually report
to the Secretary the number of, and describe, programs
funded under paragraph (3); and
[(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
[(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contact under this section unless
the Secretary determines that the contractor or subcontractor,
as the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such
publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
[(d) Definition of ``Federal Share''.--For the purpose of
this section, the term ``Federal share'' means, with respect to
the cost to a subcontractor of purchasing books to be paid
under this section, 75 percent of such costs to the
subcontractor, except that the Federal share for programs
serving children of migrant or seasonal farmworkers shall be
100 percent of such costs to the subcontractor.
[(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,300,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.]
PART B--EVALUATIONS
SEC. 10201. EVALUATIONS.
(a) Evaluations.--
(1) In general.--Except as provided in paragraph (2),
the Secretary is authorized to reserve not more than
0.50 percent of the amount appropriated to carry out
each program authorized under this Act--
(A) to carry out comprehensive evaluations of
categorical programs and demonstration
projects, and studies of program effectiveness,
under this Act, and the administrative impact
of such programs on schools and local
educational agencies in accordance with
subsection (b);
(B) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs under this Act; and
(C) to strengthen the usefulness of grant
recipient evaluations for continuous program
progress through improving the quality,
timeliness, efficiency, and utilization of
program information on program performance.
(2) Special rule.--
(A) Applicability.--Paragraph (1) shall not
apply to any program under title I.
(B) Special rule.--If funds are made
available under any program assisted under this
Act (other than a program under title I) for
evaluation activities, then the Secretary shall
reserve no additional funds pursuant to the
authority in paragraph (1) to evaluate such
program, but shall coordinate the evaluation of
such program with the national evaluation
described in subsection (b).
(b) National Evaluations.--
(1) In general.--The Secretary shall use the funds
made available under subsection (a)--
(A) to carry out independent studies of
categorical and demonstration programs under
this Act and the administrative impact of such
programs on schools and local educational
agencies, that are coordinated with research
supported through the Office of Educational
Research and Improvement, using rigorous
methodological designs and techniques,
including longitudinal designs, control groups,
and random assignment, as appropriate, to
determine--
(i) the success of such programs in
meeting the measurable goals and
objectives, through appropriate
targeting, quality services, and
efficient administration, and in
contributing to achieving America's
Education Goals, with a priority on
assessing program impact on student
performance;
(ii) the short- and long-term effects
of program participation on program
participants, as appropriate;
(iii) the cost and efficiency of such
programs;
(iv) to the extent feasible, the cost
of serving all students eligible to be
served under such programs;
(v) specific intervention strategies
and implementation of such strategies
that, based on theory, research and
evaluation, offer the promise of
improved achievement of program
objectives;
(vi) promising means of identifying
and disseminating effective management
and educational practices;
(vii) the effect of such programs on
school and local educational agencies'
administrative responsibilities and
structure, including the use of local
and State resources, with particular
attention to schools and agencies
serving a high concentration of
disadvantaged students;
(viii) the effect of Federal
categorical programs at the elementary
and secondary levels on the
proliferation of State categorical
education aid programs and regulations,
including an evaluation of the State
regulations that are developed in
response to Federal education laws; and
(ix) the effect of such programs on
school reform efforts;
(B) to carry out a study of the waivers
granted under section 6601, which study shall
include--
(i) data on the total number of
waiver requests that were granted and
the total number of such requests that
were denied, disaggregated by the
statutory or regulatory requirement for
which the waivers were requested; and
(ii) an analysis of the effect of
waivers on categorical program
requirements and other flexibility
provisions in this Act on improvement
in educational achievement of
participating students and on school
and local educational agency
administrative responsibilities,
structure, and resources based on an
appropriate sample of State educational
agencies, local educational agencies,
schools, and tribes receiving waivers;
(C) to carry out a study of the waivers under
section 1114 to support schoolwide programs
which shall include--
(i) the extent to which schoolwide
programs are meeting the intent and
purposes of any program for which
provisions were waived; and
(ii) the extent to which the needs of
all students are being served by such
programs particularly students who
would be eligible for assistance under
any provisions waived; and
(D) to provide for a study, conducted by the
National Academy of Sciences, regarding the
relationship between time and learning, which
shall include--
(i) an analysis of the impact of
increasing education time on student
achievement;
(ii) an analysis of how schools,
teachers, and students use time and the
quality of instructional activities;
(iii) an analysis of how time outside
of school may be used to enhance
student learning; and
(iv) cost estimates for increasing
time in school.
(2) Independent panel.--The Secretary shall appoint
an independent panel to review the plan for the
evaluation described in paragraph (1), to advise the
Secretary on such evaluation's progress, and to
comment, if the panel so wishes, on the final report
described in paragraph (3).
(3) Report.--The Secretary shall submit a final
report on the evaluation described in this subsection
by January 1, 2004, to the Committee on Education and
the Workforce of the House of Representatives and to
the Committee on Health, Education, Labor, and Pensions
of the Senate.
(c) Recipient Evaluation and Quality Assurance
Improvement.--The Secretary is authorized to provide guidance,
technical assistance, and model programs to recipients of
assistance under this Act to strengthen information for quality
assurance and performance information feedback at State and
local levels. Such guidance and assistance shall promote the
development, measurement and reporting of valid, reliable,
timely and consistent performance indicators within a program
in order to promote continuous program improvement. Nothing in
this subsection shall be construed to establish a national data
system.
PART C--AMERICA'S EDUCATION GOALS
SEC. 10301. AMERICA'S EDUCATION GOALS.
America's Education Goals are as follows:
(1) School readiness.--
(A) Goal.--All children in America will start
school ready to learn.
(B) Objectives.--The objectives for this goal
are that--
(i) all children will have access to
high-quality and developmentally
appropriate preschool programs that
help prepare children for school;
(ii) every parent in the United
States will be a child's first teacher
and devote time each day to helping
such parent's pre-school child learn,
and parents will have access to the
training and support parents need; and
(iii) children will receive the
nutrition, physical activity
experiences, and health care needed to
arrive at school with healthy minds and
bodies, and to maintain the mental
alertness necessary to be prepared to
learn, and the number of low-
birthweight babies will be
significantly reduced through enhanced
prenatal health systems.
(2) School completion.--
(A) Goal.--The high school graduation rate
will increase to at least 90 percent.
(B) Objectives.--The objectives for this goal
are that--
(i) the Nation must dramatically
reduce its school dropout rate, and 75
percent of the students who do drop out
will successfully complete a high
school degree or its equivalent; and
(ii) the gap in high school
graduation rates between American
students from minority backgrounds and
their non-minority counterparts will be
eliminated.
(3) Student achievement and citizenship.--
(A) Goal.--All students will leave grades 4,
8, and 12 having demonstrated competency over
challenging subject matter including English,
mathematics, science, foreign languages, civics
and government, economics, arts, history, and
geography, and every school in America will
ensure that all students learn to use their
minds well, so they may be prepared for
responsible citizenship, further learning, and
productive employment in our Nation's modern
economy.
(B) Objectives.--The objectives for this goal
are that--
(i) the academic performance of all
students at the elementary and
secondary level will increase
significantly in every quartile, and
the distribution of minoritystudents in
each quartile will more closely reflect the student population as a
whole;
(ii) the percentage of all students
who demonstrate the ability to reason,
solve problems, apply knowledge, and
write and communicate effectively will
increase substantially;
(iii) all students will be involved
in activities that promote and
demonstrate good citizenship, good
health, community service, and personal
responsibility;
(iv) all students will have access to
physical education and health education
to ensure they are healthy and fit;
(v) the percentage of all students
who are competent in more than one
language will substantially increase;
and
(vi) all students will be
knowledgeable about the diverse
cultural heritage of this Nation and
about the world community.
(4) Teacher education and professional development.--
(A) Goal.--The Nation's teaching force will
have access to programs for the continued
improvement of their professional skills and
the opportunity to acquire the knowledge and
skills needed to instruct and prepare all
American students.
(B) Objectives.--The objectives for this goal
are that--
(i) all teachers will have access to
preservice teacher education and
continuing professional development
activities that will provide such
teachers with the knowledge and skills
needed to teach to an increasingly
diverse student population with a
variety of educational, social, and
health needs;
(ii) all teachers will have
continuing opportunities to acquire
additional knowledge and skills needed
to teach challenging subject matter and
to use emerging new methods, forms of
assessment, and technologies;
(iii) States and school districts
will create integrated strategies to
attract, recruit, prepare, retrain, and
support the continued professional
development of teachers,
administrators, and other educators, so
that there is a highly talented work
force of professional educators to
teach challenging subject matter; and
(iv) partnerships will be
established, whenever possible, among
local educational agencies,
institutions of higher education,
parents, and local labor, business, and
professional associations to provide
and support programs for the
professional development of educators.
(5) Mathematics and science.--
(A) Goal.--United States students will be
first in the world in mathematics and science
achievement.
(B) Objectives.--The objectives for this goal
are that--
(i) mathematics and science
education, including the metric system
of measurement, will be strengthened
throughout the education system,
especially in the early grades;
(ii) the number of teachers with a
substantive background in mathematics
and science, including the metric
system of measurement, will increase by
50 percent; and
(iii) the number of United States
undergraduate and graduate students,
especially women and minorities, who
complete degrees in mathematics,
science, and engineering will increase
significantly.
(6) Adult literacy and lifelong learning.--
(A) Goal.--Every adult American will be
literate and will possess the knowledge and
skills necessary to compete in a global economy
and exercise the rights and responsibilities of
citizenship.
(B) Objectives.--The objectives for this goal
are that--
(i) every major American business
will be involved in strengthening the
connection between education and work;
(ii) all workers will have the
opportunity to acquire the knowledge
and skills, from basic to highly
technical, needed to adapt to emerging
new technologies, work methods, and
markets through public and private
educational, vocational, technical,
workplace, or other programs;
(iii) the number of quality programs,
including those at libraries, that are
designed to serve more effectively the
needs of the growing number of part-
time and midcareer students will
increase substantially;
(iv) the proportion of the qualified
students, especially minorities, who
enter college, who complete at least
two years, and who complete their
degree programs will increase
substantially;
(v) the proportion of college
graduates who demonstrate an advanced
ability to think critically,
communicate effectively, and solve
problems will increase substantially;
and
(vi) schools, in implementing
comprehensive parent involvement
programs, will offer more adult
literacy, parent training and life-long
learning opportunities to improve the
ties between home and school, and
enhance parents' work and home lives.
(7) Safe, disciplined, and alcohol- and drug-free
schools.--
(A) Goal.--Every school in the United States
will be free of drugs, violence, and the
unauthorized presence of firearms and alcohol,
and will offer a disciplined environment
conducive to learning.
(B) Objectives.--The objectives for this goal
are that--
(i) every school will implement a
firm and fair policy on use,
possession, and distribution of drugs
and alcohol;
(ii) parents, businesses,
governmental and community
organizations will work together to
ensure the rights of students to study
in a safe and secure environment that
is free of drugs and crime, and that
schools provide a healthy environment
and are a safe haven for all children;
(iii) every local educational agency
will develop and implement a policy to
ensure that all schools are free of
violence and the unauthorized presence
of weapons;
(iv) every local educational agency
will develop a sequential,
comprehensive kindergarten through
twelfth grade drug and alcohol
prevention education program;
(v) drug and alcohol curriculum
should be taught as an integral part of
sequential, comprehensive health
education;
(vi) community-based teams should be
organized to provide students and
teachers with needed support; and
(vii) every school should work to
eliminate sexual harassment.
(8) Parental participation.--
(A) Goal.--Every school will promote
partnerships that will increase parental
involvement and participation in promoting the
social, emotional, and academic growth of
children.
(B) Objectives.--The objectives for this Goal
are that--
(i) every State will develop policies
to assist local schools and local
educational agencies to establish
programs for increasing partnerships
that respond to the varying needs of
parents and the home, including parents
of children who are disadvantaged or
bilingual, or parents of children with
disabilities;
(ii) every school will actively
engage parents and families in a
partnership which supports the academic
work of children at home and shared
educational decisionmaking at school;
and
(iii) parents and families will help
to ensure that schools are adequately
supported and will hold schools and
teachers to high standards of
accountability.
PART D--AMERICA'S EDUCATION GOALS PANEL
SEC. 10401. AMERICA'S EDUCATION GOALS PANEL.
(a) Purpose.--It is the purpose of this section to
establish a bipartisan mechanism for--
(1) building a national consensus for education
improvement; and
(2) reporting on progress toward achieving the
National Education Goals.
(b) America's Education Goals Panel.--
(1) Establishment.--There is established in the
executive branch an America's Education Goals Panel
(hereafter in this section referred to as the ``Goals
Panel'') to advise the President, the Secretary, and
Congress.
(2) Composition.--The Goals Panel shall be composed
of 18 members (hereafter in this section referred to as
``members''), including--
(A) 2 members appointed by the President;
(B) 8 members who are Governors, 3 of whom
shall be from the same political party as the
President and 5 of whom shall be from the
opposite political party of the President,
appointed by the Chairperson and Vice
Chairperson of the National Governors'
Association, with the Chairperson and Vice
Chairperson each appointing representatives of
such Chairperson's or Vice Chairperson's
respective political party, in consultation
with each other;
(C) 4 Members of Congress, of whom--
(i) 1 member shall be appointed by
the Majority Leader of the Senate from
among the Members of the Senate;
(ii) 1 member shall be appointed by
the Minority Leader of the Senate from
among the Members of the Senate;
(iii) 1 member shall be appointed by
the Majority Leader of the House of
Representatives from among the Members
of the House of Representatives; and
(iv) 1 member shall be appointed by
the Minority Leader of the House of
Representatives from among the Members
of the House of Representatives; and
(D) 4 members of State legislatures appointed
by the President of the National Conference of
State Legislatures, of whom 2 shall be of the
same political party as the President of the
United States.
(3) Special appointment rules.--
(A) In general.--The members appointed
pursuant to paragraph (2)(B) shall be appointed
as follows:
(i) Same party.--If the Chairperson
of the National Governors' Association
is from the same political party as the
President, the Chairperson shall
appoint 3 individuals and the Vice
Chairperson of such association shall
appoint 5 individuals.
(ii) Opposite party.--If the
Chairperson of the National Governors'
Association is from the opposite
political party as the President, the
Chairperson shall appoint 5 individuals
and the Vice Chairperson of such
association shall appoint 3
individuals.
(B) Special rule.--If the National Governors'
Association has appointed a panel that meets
the requirements of paragraph (2) and
subparagraph (A), except for the requirements
of subparagraph (D) of paragraph (2), prior to
the date of enactment of the Elementary and
Secondary Education Amendments of 1999, then
the members serving on such panel shall be
deemed to be in compliance with the provisions
of such paragraph and subparagraph and shall
not be required to be reappointed pursuant to
such paragraph and subparagraph.
(C) Representation.--To the extent feasible,
the membership of the Goals Panel shall be
geographically representative and reflect the
racial, ethnic, and gender diversity of the
United States.
(4) Terms.--The terms of service of members shall be
as follows:
(A) Presidenetial appointees.--Members
appointed under paragraph (2)(A) shall serve at
the pleasure of the President.
(B) Governors.--Members appointed under
paragraph (2)(B) shall serve for 2-year terms,
except that the initial appointments under such
paragraph shall be made to ensure staggered
terms with \1/2\ of such members' terms
concluding every 2 years.
(C) Congressional appointees and state
legislators.--Members appointed under
subparagraphs (C) and (D) of paragraph (2)
shall serve for 2-year terms.
(5) Date of appointment.--The initial members shall
be appointed not later than 60 days after the date of
enactment of the Elementary and Secondary Education
Amendments of 1999.
(6) Initiation.--The Goals Panel may begin to carry
out the Goals Panel's duties under this section when 10
members of the Goals Panel have been appointed.
(7) Vacancies.--A vacancy on the Goals Panel shall
not affect the powers of the Goals Panel, but shall be
filled in the same manner as the original appointment.
(8) Travel.--Each member may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for each day the member is engaged in the
performance of duties for the Goals Panel away from the
home or regular place of business of the member.
(9) Chairperson.--
(A) In general.--The members shall select a
Chairperson from among the members.
(B) Term and political affiliation.--The
Chairperson of the Goals Panel shall serve a 1-
year term and shall alternate between political
parties.
(10) Conflict of interest.--A member of the Goals
Panel who is an elected official of a State which has
developed content or student performance standards may
not participate in Goals Panel consideration of such
standards.
(11) Ex officio member.--If the President has not
appointed the Secretary as 1 of the 2 members the
President appoints pursuant to paragraph (2)(A), then
the Secretary shall serve as a nonvoting ex officio
member of the Goals Panel.
(c) Duties.--
(1) In general.--The Goals Panel shall--
(A) report to the President, the Secretary,
and Congress regarding the progress the Nation
and the States are making toward achieving
America's Education Goals, including issuing an
annual report;
(B) report on, and widely disseminate through
multiple strategies, promising or effective
actions being taken at the Federal, State, and
local levels, and in the public and private
sectors, to achieve America's Education Goals;
(C) report on, and widely disseminate on
promising or effective practices pertaining to,
the achievement of each of the 8 America's
Education Goals; and
(D) help build a bipartisan consensus for the
reforms necessary to achieve America's
Education Goals.
(2) Report.--
(A) In general.--The Goals Panel shall
annually prepare and submit to the President,
the Secretary, the appropriate committees of
Congress, and the Governor of each State a
report that shall--
(i) assess the progress of the United
States toward achieving America's
Education Goals; and
(ii) identify actions that should be
taken by Federal, State, and local
governments--
(I) to enhance progress
toward achieving America's
Education Goals; and
(II) to provide all students
with a fair opportunity-to-
learn.
(B) Form; data.--Reports shall be presented
in a form, and include data, that is
understandable to parents and the general
public.
(d) Powers of the Goals Panel.--
(1) Hearings.--
(A) In general.--The Goals Panel shall, for
the purpose of carrying out this section,
conduct such hearings, sit and act at such
times and places, take such testimony, and
receive such evidence, as the Goals Panel
considers appropriate.
(B) Representation.--In carrying out this
section, the Goals Panel shall conduct hearings
to receive reports, views, and analyses of a
broad spectrum of experts and the public on the
establishment of voluntary national content
standards, voluntary national student
performance standards, and State assessments.
(2) Information.--The Goals Panel may secure directly
from any department or agency of the United States
information necessary to enable the Goals Panel to
carry out this section. Upon request of the Chairperson
of the Goals Panel, the head of a department or agency
shall furnish such information to the Goals Panel to
the extent permitted by law.
(3) Postal services.--The Goals Panel may use the
United States mail in the same manner and under the
same conditions as other departments and agencies of
the United States.
(4) Use of facilities.--The Goals Panel may, with or
without reimbursement, and with the consent of any
agency or instrumentality of the United States, or of
any State or political subdivision thereof, use the
research, equipment, services, and facilities of such
agency, instrumentality, State, or subdivision,
respectively.
(5) Administrative arrangements and support.--
(A) In general.--The Secretary shall provide
to the Goals Panel, on a reimbursable basis,
such administrative support services as the
Goals Panel may request.
(B) Contracts and other arrangements.--The
Secretary, to the extent appropriate, and on a
reimbursable basis, shall enter into contracts
and make other arrangements that are requested
by the Goals Panel to help the Goals Panel
compile and analyze data or carry out other
functions necessary to the performance of such
responsibilities.
(6) Gifts.--The Goals Panel may accept, administer,
and utilize gifts or donations of services, money, or
property, whether real or personal, tangible or
intangible.
(e) Administrative Provisions.--
(1) Meetings.--The Goals Panel shall meet on a
regular basis, as necessary, at the call of the
Chairperson of the Goals Panel or a majority of the
Goals Panel's members.
(2) Quorum.--A majority of the members shall
constitute a quorum for the transaction of business.
(3) Voting and final decision.--
(A) Voting.--No individual may vote, or
exercise any of the powers of a member, by
proxy.
(B) Final decisions.--
(i) Consensus.--In making final
decisions of the Goals Panel with
respect to the exercise of the Goals
Panel's duties and powers the Goals
Panel shall operate on the principle of
consensus among the members of the
Goals Panel.
(ii) Votes.--Except as otherwise
provided in this section, if a vote of
the membership of the Goals Panel is
required to reach a final decision with
respect to the exercise of the Goals
Panel's duties and powers, then such
final decision shall be made by a \3/4\
vote of the members of the Goals Panel
who are present and voting.
(4) Public access.--The Goals Panel shall ensure
public access to the Goals Panel's proceedings (other
than proceedings, or portions of proceedings, relating
to internal personnel and management matters) and make
available to the public, at reasonable cost,
transcripts of such proceedings.
(f) Director and Staff; Experts and Consultants.--
(1) Director.--The Chairperson of the Goals Panel,
without regard to the provisions of title 5, United
States Code, relating to the appointment and
compensation of officers or employees of the United
States, shall appoint a Director of the Goals Panel to
be paid at a rate not to exceed the rate of basic pay
payable for level V of the Executive Schedule.
(2) Appointment and pay of employees.--
(A) Appointment.--
(i) In general.--The Director may
appoint not more than 4 additional
employees to serve as staff to the
Goals Panel without regard to the
provisions of title 5, United States
Code, governing appointments in the
competitive service.
(ii) Pay.--The employees appointed
under subparagraph (A) may be paid
without regard to the provisions of
chapter 51 and subchapter III of
chapter 53 of that title relating to
classification and General Schedule pay
rates, but shall not be paid a rate
that exceeds the maximum rate of basic
pay payable for GS-15 of the General
Schedule.
(B) Additional employees.--The Director may
appoint additional employees to serve as staff
to the Goals Panel in accordance with title 5,
United States Code.
(3) Experts and consultants.--The Goals Panel may
procure temporary and intermittent services of experts
and consultants under section 3109(b) of title 5,
United States Code.
(4) Staff of federal agencies.--Upon the request of
the Goals Panel, the head of any department or agency
of the United States may detail any of the personnel of
such agency to the Goals Panel to assist the Goals
Panel in the Goals Panel's duties under this section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this part $2,500,000 for fiscal
year 2001 and such sums as may be necessary for each of the 4
succeeding fiscal years.
PART E--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS
SEC. 10501. PROGRAM AUTHORIZED.
(a) Comprehensive Regional Assistance Centers.--
(1) In general.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative
agreements with, public or private nonprofit entities
or consortia of such entities in order to establish a
networked system of 15 comprehensive regional
assistance centers to provide comprehensive training
and technical assistance, related to administration and
implementation of programs under this Act, to States,
local educational agencies, schools, tribes, community-
based organizations, and other recipients of funds
under this Act.
(2) Consideration.--In establishing comprehensive
regional assistance centers and allocating resources
among the centers, the Secretary shall consider--
(A) the geographic distribution of students
assisted under title I;
(B) the geographic and linguistic
distribution of students of limited-English
proficiency;
(C) the geographic distribution of Indian
students;
(D) the special needs of students living in
urban and rural areas; and
(E) the special needs of States and outlying
areas in geographic isolation.
(3) Special rule.--The Secretary shall establish 1
comprehensive regional assistance center under this
section in Hawaii.
(b) Service to Indians and Alaska Natives.--The Secretary
shall ensure that each comprehensive regional assistance center
that serves a region with a significant population of Indian or
Alaska Native students shall--
(1) be awarded to a consortium which includes a
tribally controlled community college or other Indian
organization; and
(2) assist in the development and implementation of
industructional strategies, methods and materials which
address the specific cultural and other needs of Indian
or Alaska Native students.
(c) Accountability.--To ensure the quality and
effectiveness of the networked system of comprehensive regional
assistance centers supported under this part, the Secretary
shall--
(1) develop, in consultation with the Assistant
Secretary for Elementary and Secondary Education, the
Director of Bilingual Education and Minority Languages
Affairs, and the Assistant Secretary for Educational
Research and Improvement, a set of performance
indicators that assesses whether the work of the
centers assists in improving teaching and learning
under this Act for all children, particularly children
at risk of educational failure;
(2) conduct surveys every two years of populations to
be served under this Act to determine if such
populations are satisfied with the access to and
quality of such services;
(3) collect, as part of the Department's reviews of
programs under this Act, information about the
availability and quality of services provided by the
centers, and share that information with the centers;
and
(4) take whatever steps are reasonable and necessary
to ensure that each center performs its
responsibilities in a satisfactory manner, which may
include--
(A) termination of an award under this part
(if the Secretary concludes that performance
has been unsatisfactory) and the selection of a
new center; and
(B) whatever interim arrangements the
Secretary determines are necessary to ensure
the satisfactory delivery of services under
this part to an affected region.
(d) Duration.--Grants, contracts or cooperative agreements
under this section shall be awarded for a period of 5 years.
SEC. 10502. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.
(a) In General.--Each comprehensive regional assistance
center established under section 10501(a) shall--
(1) maintain appropriate staff expertise and provide
support, training, and assistance to State educational
agencies, tribal divisions of education, local
educational agencies, schools, and other grant
recipients under this Act, in--
(A) improving the quality of instruction,
curricula, assessments, and other aspects of
school reform, supported with funds under title
I;
(B) implementing effective schoolwide
programs under section 1114;
(C) meeting the needs of children served
under this Act, including children in high-
poverty areas, migratory children, immigrant
children, children with limited-English
proficiency, neglected or delinquent children,
homeless children and youth, Indian children,
children with disabilities, and, where
applicable, Alaska Native children and Native
Hawaiian children;
(D) implementing high-quality professional
development activities for teachers, and where
appropriate, administrators, pupil services
personnel and other staff;
(E) improving the quality of bilingual
education, including programs that
emphasizeEnglish and native language proficiency and promote
multicultural understanding;
(F) creating safe and drug-free environments,
especially in areas experiencing high levels of
drug use and violence in the community and
school;
(G) implementing educational applications of
technology;
(H) coordinating services and programs to
meet the needs of students so that students can
fully participate in the educational program of
the school;
(I) expanding the involvement and
participation of parents in the education of
their children;
(J) reforming schools, school systems, and
the governance and management of schools;
(K) evaluating programs; and
(L) meeting the special needs of students
living in urban and rural areas and the special
needs of local educational agencies serving
urban and rural areas;
(2) ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with
each other, as well as with other Federal, State, and
local programs and reforms;
(3) provide technical assistance using the highest
quality and most cost-effective strategies possible;
(4) coordinate services, work cooperatively, and
regularly share information with, the regional
educational laboratories, research and development
centers, State literacy centers authorized under the
National Literacy Act of 1991, and other entities
engaged in research, development, dissemination, and
technical assistance activities which are supported by
the Department as part of a Federal technical
assistance system, to provide a broad range of support
services to schools in the region while minimizing the
duplication of such services;
(5) work collaboratively with the Department's
regional offices;
(6) consult with representatives of State educational
agencies, local educational agencies, and populations
served under this Act;
(7) provide services to States, local educational
agencies, tribes, and schools in order to better
implement the purposes of this part; and
(8) provide professional development services to
State educational agencies and local educational
agencies to increase the capacity of such entities to
provide high-quality technical assistance in support of
programs under this Act.
(b) Priority.--Each comprehensive regional assistance
center assisted under this part shall give priority to
servicing--
(1) schoolwide programs under section 1114; and
(2) local educational agencies and Bureau-funded
schools with the highest percentages or numbers of
children in poverty.
SEC. 10503. MAINTENANCE OF SERVICE AND APPLICATION REQUIREMENTS.
(a) Maintenance of Service.--The Secretary shall ensure
that the comprehensive regional assistance centers funded under
this part provide technical assistance services that address
the needs of educationally disadvantaged students, including
students in urban and rural areas, and bilingual, migrant,
immigrant, and Indian students, that are at least comparable to
the level of such technical assistance services provided under
programs administered by the Secretary on the day preceding the
date of enactment of the Improving America's Schools Act of
1994.
(b) Application Requirements.--Each entity or consortium
desiring assistance under this part shall submit an application
to the Secretary at such time, in such manner and accompanied
by such information, as the Secretary may require. Each such
application shall--
(1) demonstrate how the comprehensive regional
assistance center will provide expertise and services
in the areas described in section 10502;
(2) demonstrate how such centers will work to conduct
outreach to local educational agencies receiving
priority under section 10502;
(3) demonstrate support from States, local
educational agencies and tribes in the area to be
served;
(4) demonstrate how such centers will ensure a fair
distribution of services to urban and rural areas; and
(5) provide such other information as the Secretary
may require.
SEC. 10504. TRANSITION.
(a) Extension of Previous Centers.--The Secretary shall,
notwithstanding any other provision of law, use funds
appropriated under section 10505 to extend or continue
contracts and grants for existing comprehensive regional
assistance centers assisted under this Act (as such Act was in
effect on the day preceding the date of enactment of the
Educational Opportunities Act), and take other necessary steps
to ensure a smooth transition of services provided under this
part and that such services will not be interrupted, curtailed,
or substantially diminished.
(b) Staff Expertise.--Inplanning for the competition for
the new comprehensive regional assistance centers under this
part, the Secretary may draw on the expertise of staff from
existing comprehensive regional assistance centers assisted
under this Act prior to the date of enactment of the
Educational Opportunities Act.
SEC. 10505. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year 2001
and such sums as may be necessary for each of the four
succeeding fiscal years.
[Parts F through K of title X, and titles XI, XII, XIII,
and XIV (20 U.S.C. 8141 et seq., 8331 et seq., 8401 et seq.,
8501 et seq., 8601 et seq., 8801 et seq.) are repealed.]
* * * * * * *
improving america's schools act of 1994
* * * * * * *
TITLE V--MISCELLANEOUS PROVISIONS
[PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT
[SEC. 511. [142 U.S.C. 7282 NOTE] SHORT TITLE.
[This part may be cited as the ``Albert Einstein
Distinguished Educator Fellowship Act of 1994''.
[SEC. 512. [42 U.S.C. 7382] FINDINGS.
[The Congress finds that--
[(1) the Department of Energy has unique and
extensive * * * mathematics and science capabilities
that contribute to mathematics and science education
programs throughout the Nation;
[(2) a need exists to increase understanding
communciation, and cooperation between the Congress,
the Department of Energy, other Federal agencies, and
the mathematics and science education community;
[(3) elementary and secondary school mathematics and
science teachers can provide practical insight to the
legislative and executive branches in establishing and
operating education programs; and
[(4) a pilot program that placed elementary and
secondary school mathematics and science teachers in
professional staff positions in the Senate and the
House of Representatives has proven successful and
demonstrated the value of expanding the program.
[SEC. 513. [42 U.S.C. 7382A] PURPOSE; DESIGNATION.
[(a) Purpose.--The purpose of this part is to establish
within the Department of Energy a national fellowship program
for elementary and secondary school mathematics and science
teachers.
[(b) Designation.--A receipient of a fellowship under this
part shall be known as an ``Albert Einstein Fellow''.
[SEC. 514. [42 U.S.C. 7382B] DEFINITIONS.
[As used in this part--
[(1) the term ``elementary school'' has the meaning
provided by section 14101 of the Elementary and
Secondary Education Act of 1965;
[(2) the term ``local educational agency'' has the
meaning provided by section 14101 of the Elementary and
Secondary Education Act of 1965;
[(3) the term ``secondary school'' has the meaning
provided by section 14101 of the Elementary and
Secondary Education Act of 1965; and
[(4) the term ``Secretary'' means the Secretary of
Energy.
[SEC. 515. [42 U.S.C. 7382C] FELLOWSHIP PROGRAM.
[(a) In General.--
[(1) Establishment.--The Secretary shall establish
the Albert Einstein Distinguished Educator Fellowship
Program (hereafter in this part referred to as the
``Program'') to provide 12 elementary or secondary
school mathematics or science teachers with fellowships
in each fiscal year in accordance with this part.
[(2) Order of priority.--The Secretary may reduce the
number of fellowships awarded under this part for any
fiscal year in which the amount appropriated for the
Program is insufficient to support 12 fellowships. If
the number of fellowships awarded under this part is
reduced for any fiscal year, then the Secretary shall
award fellowship based on the following order of
priority:
[(A) Three fellowships in the Department of
Energy.
[(B) Two fellowships in the Senate.
[(C) Two fellowships in the House of
Representatives.
[(D) One fellowship in each of the following
entities:
[(i) The Department of Education.
[(ii) The National Institutes of
Health.
[(iii) The National Science
Foundation.
[(iv) The National Aeronautics and
Space Administration.
[(v) The Office of Science and
Technology Policy.
[(3) Terms of fellowships.--Each fellowship awareded
under this part shall be awarded for a period of ten
months that, to the extent practicable coincide with
the academic year.
[(4) Eligibility.--To be eligible for a fellowship
under this part, an elementary or secondary school
mathematics or science teacher must demonstrate--
[(A) that such teacher would bring unique and
valuable contributions to the Program;
[(B) that such teacher is recognized for
excellence in mathematics or science education;
and
[(C)(i) a sabbatical leave from teaching will
be granted in order to participate in the
Program; or
[(ii) the teacher will return to a
teaching position comparable to the
position held prior to participating in
the Program.
[(b) Administration.--The Secretary shall--
[(1) provide for the development and administration
of an application and selection process for fellowships
under the Program, including a process whereby final
selections of fellowship recipients are made in
accordance with subsection (c);
[(2) provide for the publication of information on
the Program in appropriate professional publications,
including an invitation for applications from teachers
listed in the directories of national and State
recognition programs;
[(3) select from the pool of applicants 12 elementary
and secondary school mathematics teachers and 12
elementary and secondary school science teachers;
[(4) develop a program of orientation for fellowship
recipients under this part; and
[(5) not later than August 31 of each year in which
fellowships are awarded, prepare and submit an annual
report and evaluation of the Program to the appropriate
Committees of the Senate and the House of
Representatives.
[(c) Selection.--
[(1) In general.--The Secretary shall arrange for the
24 semifinalists to travel to Washington, D.C., to
participate in interviews in accordance with the
selection process described in paragraph (2).
[(2) Final selection.--(A) Not later than May 1 of
each year preceding each year in which fellowships are
to be awarded, the Secretary shall select and announce
the names of the fellowship recipients.
[(B) The Secretary shall provide for the development
and administration of a process to select fellowship
recipients from the pool of semifinalists as follows:
[(i) The Secretary shall select three
fellowship recipients who shall be assigned to
the Department of Energy.
[(ii) The Majority Leader of the Senate and
the Minority Leader of the Senate, or their
designees, shall each select a fellowship
recipient who shall be assigned to the Senate.
[(iii) The Speaker of the House of
Representatives and the Minority Leader of the
House of Representatives, or their designees,
shall each select a fellowship recipient who
shall be assigned to the House of
Representatives.
[(iv) Each of the following individuals, or
their designees, shall select one fellowship
recipient who shall be assigned within the
department, office, agency, or institute such
individual administers:
[(I) The Secretary of Education.
[(II) The Director of the National
Institutes of Health.
[(III) The Director of the National
Science Foundation.
[(IV) The Administrator of the
National Aeronautics and Space
Administration.
[(V) The Director of the Office of
Science and Technology Policy.
[SEC. 516. [42 U.S.C. 7382D] FELLOWSHIP AWARDS.
[(a) Fellowship Recipient Compensation.--Each recipient of
a fellowship under this part shall be paid during the
fellowship period at a rate of pay that shall not exceed the
minimum annual rate payable for a position under GS-13 of the
General Schedule.
[(b) Local Educational Agency.--The Secretary shall seek to
ensure that no local educational agency penalizes a teacher who
elects to participate in the Program.
[SEC. 517. [42 U.S.C. 7382E] WASTE MANAGEMENT EDUCATION RESEARCH
CONSORTIUM (WERC).
[(a) In General.--The Secretary is authorized to establish
a partnership of Department of Energy laboratories, academic
institutions, and private sector industries to conduct
environmentally-related education programs, including programs
involving environmentally conscious manufacturing and waste
management activities that have undergraduate and graduate
educational training as a component.
[SEC. 518. [42 U.S.C. 7382F] AUTHORIZATION OF APPROPRIATIONS.
[(a) There are authorized to be appropriated for the
Program $700,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years.
[(b) WERC Program.--There are authorized to be appropriated
for the WERC program under section 517 such sums as may be
necessary for fiscal year 1995 and each of the four succeeding
fiscal years.]
PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT
SEC. 511. SHORT TITLE.
This part may be cited as the ``Albert Einstein
Distinguished Educator Fellowship Act of 1994''.
SEC. 512. PURPOSE; DESIGNATION.
(a) Purpose.--The purpose of this part is to establish
within the Department of Energy a national fellowship program
for elementary and secondary school mathematics and science
teachers.
(b) Designation.--A recipient of a fellowship under this
part shall be known as an ``Albert Einstein Fellow''.
SEC. 513. DEFINITIONS.
As used in this part--
(1) the term ``elementary school'' has the meaning
provided by section 3 of the Elementary and Secondary
Education Act of 1965;
(2) the term ``local educational agency'' has the
meaning provided by section 3 of the Elementary and
Secondary Education Act of 1965;
(3) the term ``secondary school'' has the meaning
provided by section 3 of the Elementary and Secondary
Education Act of 1965; and
(4) the term ``Secretary'' means the Secretary of
Energy.
SEC. 514. FELLOWSHIP PROGRAM.
(a) In General.--
(1) Establishment.--The Secretary shall establish the
Albert Einstein Distinguished Educator Fellowship
Program (hereafter in this part referred to as the
``Program'') to provide 12 elementary or secondary
school mathematics or science teachers with fellowships
in each fiscal year in accordance with this part.
(2) Order of priority.--The Secretary may reduce the
number of fellowships awarded under this part for any
fiscal year in which the amount appropriated for the
Program is insufficient to support 12 fellowships. If
the number of fellowships awarded under this part is
reduced for any fiscal year, then the Secretary shall
award fellowships based on the following order of
priority:
(A) Two fellowships in the Department of
Energy.
(B) Two fellowships in the Senate.
(C) Two fellowships in the House of
Representatives.
(D) One fellowship in each of the following
entities:
(i) The Department of Education.
(ii) The National Institutes of
Health.
(iii) The National Science
Foundation.
(iv) The National Aeronautics and
Space Administration.
(v) The Office of Science and
Technology Policy.
(3) Terms of fellowships.--Each fellowship awarded
under this part shall be awarded for a period of 10
months that, to the extent practicable, coincide with
the academic year.
(4) Eligibility.--To be eligible for a fellowship
under this part, an elementary or secondary school
mathematics or science teacher shall demonstrate--
(A) that such teacher will bring unique and
valuable contributions to the program;
(B) that such teacher is recognized for
excellence in mathematics or science education;
and
(C)(i) a sabbatical leave from teaching will
be granted in order to participate in the
Program; or
(ii) the teacher will return to a teaching
position comparable to the position held prior
to participating in the Program.
(b) Administration.--The Secretary shall--
(1) provide for the development and administration of
an application and selection process for fellowships
under the Program, including a process whereby final
elections of fellowship recipients are made in
accordance with subsection (c);
(2) provide for the publication of information on the
Program in appropriate professional publications,
including an invitation for applications from teachers
listed in the directories of national and State
recognition programs;
(3) select from the pool of applicants 12 elementary
and secondary school mathematics teachers and 12
elementary and secondary school science teachers;
(4) develop a program of orientation for fellowship
recipients under this part; and
(5) not later than August 31 of each year in which
fellowships are awarded, prepare and submit an annual
report and evaluation of the Program to the appropriate
Committees of the Senate and the House of
Representatives.
(c) Selection.--
(1) In general.--The Secretary shall arrange for the
24 semifinalists to travel to Washington, D.C., to
participate in interviews in accordance with the
selection process described in paragraph (2).
(2) Final selection.--(A) Not later than May 1 of
each year preceding each year in which fellowships are
to be awarded, the Secretary shall select and announce
the names of the fellowship recipients.
(B) The Secretary shall provide for the development
and administration of a process to select fellowship
recipients from the pool of semifinalists as follows:
(i) The Secretary shall select three
fellowship recipients who shall be
assigned to the Department of Energy.
(ii) The Majority Leader of the
Senate and the Minority Leader of the
Senate, or their designees, shall each
select a fellowship recipient who shall
be assigned to the Senate.
(iii) The Speaker of the House of
Representatives and the Minority Leader
of the House of Representatives, or
their designees, shall each select a
fellowship recipient who shall be
assigned to the House of
Representatives.
(iv) Each of the following
individuals, or their designees, shall
select one fellowship recipient who
shall be assigned within the
department, office, agency, or
institute such individual administers:
(I) The Secretary of
Education.
(II) The Director of the
National Institutes of health.
(III) The Director of the
National Science Foundation.
(IV) The Administrator of the
National Aeronautics and space
Administration.
(V) The Director of the
Office of Science and
Technology Policy.
SEC. 515. FELLOWSHIP AWARDS.
(a) Fellowship Recipient Compensation.--Each recipient of a
fellowship under this part shall be paid during the fellowship
period at a rate of pay that shall not exceed the minimum
annual rate payable for a position under GS-13 of the General
Schedule.
(b) Local Educational Agency.--The Secretary shall seek to
ensure that no local educational agency penalizes a teacher who
elects to participate in the Program.
SEC. 516. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the Program
$700,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
* * * * * * *
School-to-Work Opportunities Act of 1994
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--* * *
* * * * * * *
SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.
(a) Purposes.--The purposes of this Act are--
(1) * * *
* * * * * * *
(A) * * *
[(B) are integrated with the systems
developed under the Goals 2000: Educate
America Act and] the National Skill
Standards Act of 1994; and
* * * * * * *
(14) to further [the National Education Goals
set forth in title I of the Goals 2000: Educate
America Act] America's Education Goals.
* * * * * * *
SEC. 4. DEFINITIONS.
As used in this Act:
(1) All aspects of an industry.--* * *
* * * * * * *
(3) Approved state plan.--The term ``approved State
plan'' means a statewide School-to-Work Opportunities
system plan that is submitted by a State under section
213, and is determined by the Secretaries to include
the program components described in sections 102
through 104 and otherwise meet the requirements of this
Act[, and is consistent with the State improvement plan
for the State, if any, under the Goals 2000: Educate
America Act].
* * * * * * *
TITLE I--SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM COMPONENTS
SEC. 101. GENERAL PROGRAM REQUIREMENTS.
A School-to-Work Opportunities program under this Act
shall--
[(1) * * *
* * * * * * *
SEC. 102. SCHOOL-BASED LEARNING COMPONENT.
The school-based learning component of a School-to-Work
Opportunities program shall include--
(1) * * *
* * * * * * *
(3) a program of study designed to meet the same
academic content standards the State has established
for all students, [including, where applicable,
standards established under the Goals 2000: Educate
America Act,] and to meet the requirements necessary to
prepare a student for postsecondary education and the
requirements necessary for a student to earn a skill
certificate;
* * * * * * *
TITLE II--SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT AND
IMPLEMENTATION GRANTS TO STATES
Subtitle A--State Developments Grants
SEC. 201. PURPOSE.
* * * * * * *
SEC. 203. APPLICATION.
(a) In General.--* * *
* * * * * * *
[(c) Coordination With Goals 2000: Educate America Act.--A
State seeking assistance under both this subtitle and the Goals
2000: Educate America Act may--
[(1) submit a single application containing plans
that meet the requirements of such subtitle and such
Act and ensure that the plans are coordinated and not
duplicative; or
[(2) if such State has already submitted its
application for funds under the Goals 2000: Educate
America Act, submit its application under this subtitle
as an amendment to the Goals 2000: Educate America Act
application if such amendment meets the requirements of
this subtitle and is coordinated with and not
duplicative of the Goals 2000: Educate America Act
application.]
[SEC. 204. APPROVAL OF APPLICATION.
[The Secretaries may approve an application submitted by a
State under section 203 only if the State demonstrates in such
application that the activities proposed to be undertaken by
the State to develop a statewide School-to-Work Opportunities
system are consistent with the State improvement plan for the
State, if any, under the Goals 2000: Educate America Act.]
* * * * * * *
Subtitle B--State Implementation Grants
SEC. 211. PURPOSE.
* * * * * * *
SEC. 213 APPLICATION.
(a) In General.--* * *
* * * * * * *
[(c) Coordination With Goals 2000: Educate America Act.--A
State seeking assistance under both this subtitle and the Goals
2000: Educate America Act may--
[(1) submit a single application containing plans
that meet the requirements of such subtitle and such
Act and ensure that the plans are coordinated and not
duplicative; or
[(2) If such State has already submitted its
application for funds under the Goals 2000: Educate
America Act, submit its application under this subtitle
as an amendment to the Goals 2000: Educate America Act
application if such amendment meets the requirements of
this subtitle and is coordinated with and not
duplicative of the Goals 2000: Educate America Act
application.]
* * * * * * *
[(F) the Goals 2000: Educate America Act;]
[(G)](F) the National Skills Standard Act of
1994;
[(H)](G) the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
[(I)](H) the Job Training Partnership Act (29
U.S.C. 1501 et seq.);
[(J)](I) the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.);
[(K)](J) the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.); and
[(L)](K) the National and Community Service
Act of 1990 (42 U.S.C. 12501 et seq.);
* * * * * * *
[(8) describe how the State will adopt, develop, or
assist local partnerships to adopt or develop model
curricula and innovative instructional methodologies,
to be used in the secondary, and where possible, the
elementary grades, that integrate academic and
vocational learning and promote career awareness, and
that are consistent with [academic and skill standards
established pursuant to the Goals 2000: Educate America
Act and the National Skill Standards Act of 1994;]
standards established pursuant to the National Skill
Standards Act of 1994;
* * * * * * *
SEC. 214. REVIEW OF APPLICATION.
(a) Considerations.--In evaluating applications submitted
under section 213, the Secretaries shall--
(1) * * *
* * * * * * *
(b) Approval Criteria.--The Secretaries--
(1) * * *
* * * * * * *
(B) the extent to which such plan would limit
administrative costs and increase amounts spent
on delivery of services to students enrolled in
programs under this Act; and
(C) that the State, where appropriate, will
ensure the establishment of a partnership in at
least 1 urban and 1 rural area in the State[;
and].
[(D) that the State plan contained in such
application is consistent with the State
improvement plan for the State, if any, under
the Goals 2000: Educate America Act.]
* * * * * * *
TITLE V--WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
SEC. 501. STATE AND LOCAL PARTNERSHIP REQUESTS AND RESPONSIBILITIES FOR
WAIVERS.
(a) State Request for Waiver.--* * *
* * * * * * *
SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDUCATION.
(a) Waiver Authority.--
(1) In general.--* * *
* * * * * * *
(4) part D of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 3121 et
seq.)[;]; and
(5) title V of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 3171 et seq.); and]
[(6)] (5) the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).
* * * * * * *
SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH POVERTY SCHOOLS.
(a) In General.--
(1) Purposes.--* * *
* * * * * * *
(i) the provisions of law listed in
paragraphs (2) through (6)] paragraphs
(2) through (5) of section 502(b); and
* * * * * * *
general education provisions act
* * * * * * *
SINGLE STATE APPLICATION
Sec. 441. [20 U.S.C. 1232d] (a) In the case of any State
which applies, contracts, or submits a plan for the
participation in any applicable program in which Federal funds
are made available for assistance to local educational agencies
through, or under the supervision of, the State educational
agency of that State, such States [shall submit (subject to the
provisions of part C of title V, of the Elementary and
Secondary Education Act of 1965) to the Secretary] shall submit
to the Secretary a general application containing the
assurances set forth in subsection (b). Such application may be
submitted jointly for all programs covered by the application,
or it may be submitted separately for each such program or for
groups of programs. Each application submitted under this
section must be approved by each official, agency, board, or
other entity within the State which, under State law, is
primarily responsible for supervision of the activities
conducted under each program covered by the application.
* * * * * * *
Education Amendments of 1978
* * * * * * *
Sec. 1101. [20 U.S.C. 240, note] (a) * * *
* * * * * * *
PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
SEC. 1121. [25 U.S.C. 2001] STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
(a)(1) The purpose of the standards developed under this
section shall be to afford Indian students being served by a
Bureau funded school with the same opportunities as all other
students to achieve [the National Education Goals embodied in
the Goals 2000: Educate America Act] America's Education Goals.
[Consistent with the provisions of this section and section
1131, the Secretary shall take such actions as are necessary to
coordinate standards developed and implemented under this
section with those in the State improvement plans developed and
implemented pursuant to the Goals 2000: Educate America Act for
the States in which each Bureau funded school operates.] In
developing and reviewing such standards and coordination, the
Secretary shall utilize the findings and recommendations of the
panel established in section 315(b)(4) of such Act.
* * * * * * *
(b) Within 18 months of the publication of the voluntary
national content standards described in section 203(a)(2) of
[the Goals 2000: Educate America Act] the Goals 2000: Educate
America Act (as in effect on the date of enactment of the
Educational Opportunities Act), the Secretary, in consultation
with the Secretary of Education and Indian organizations and
tribes, shall carry out or cause to be carried out by contract
with an Indian organization such studies and surveys, making
the fullest use possible of other existing studies, surveys,
and plans, as are necessary to establish and revise standards
for the basic education of Indian children attending Bureau
funded schools. Such studies and surveys shall take into
account factors such as academic needs, local cultural
differences, type and level of language skills, geographic
isolation, and appropriate teacher-student ratios for such
children, and shall be directed toward the attainment of equal
educational opportunity for such children.
NATIONAL ENVIRONMENTAL EDUCATION ACT
* * * * * * *
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
* * * * * * *
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that--
(1) * * *
* * * * * * *
(5) ``local educational agency'' means any education
agency as defined in section [14101] 3 of the
Elementary and Secondary Education Act of 1965 [(20
U.S.C. 3381)] and shall include any tribal education
agency;
* * * * * * *
REHABILITATION ACT OF 1973
* * * * * * *
national institute on disability and rehabilitation research
Sec. 202. (a)(1) * * *
* * * * * * *
(A) public and private entities, including--
(i) elementary and secondary schools (as
defined in section [14101] 3 of the Elementary
and Secondary Education Act of 1965; and
* * * * * * *
nondiscrimination under federal grants and programs
Sec. 504. (a) * * *
* * * * * * *
(B) a local educational agency (as defined in section
[14101] 3 of the Elementary and Secondary Education Act
of 1965), system of vocational education, or other
school system;
* * * * * * *
OLDER AMERICANS ACT OF 1995
* * * * * * *
declaration of objectives for older americans
Sec. 101. * * *
* * * * * * *
SEC. 338A. APPLICATION AND SELECTION OF PROVIDERS.
(a) Contents of Application.--* * *
* * * * * * *
(1) a plan describing the project proposed by the
applicant and comments on such plan from the
appropriate area agency on aging and the appropriate
local educational agency (as defined in section [1401]
3 of the Elementary and Secondary Education Act of
1965);
* * * * * * *
SEC. SEC. 363. DEFINITION.
As used in this part, the term ``disease prevention and
health promotion services'' means--
(1) health risk assessments;
* * * * * * *
(B) a local educational agency, as defined in
section [14101] 3 of the Elementary and
Secondary Education Act of 1965; or
* * * * * * *
PART I--GENERAL HIGHER EDUCATION PROGRAMS
Higher Education Act of 1965
TITLE I--GENERAL PROVISIONS
PART A--DEFINITIONS
* * * * * * *
SEC. 103. [20 U.S.C. 1003] ADDITIONAL DEFINITIONS.
In this Act:
(1) Combination of institutions of higher
education.--* * *
* * * * * * *
(4) Elementary school.--The term ``elementary
school'' has the same meaning given that term under
section [14101] 3 of the Elementary and Secondary
Education Act of 1965.
(5) Gifted and talented.--The term ``gifted and
talented'' has the same meaning given that term under
section [14101] 3 of the Elementary and Secondary
Education Act of 1965.
(6) Local educational agency.--The term ``local
educational agency'' has the same meaning given that
term under section [14101] 3 of the Elementary and
Secondary Education Act. of 1965.
* * * * * * *
(10) Secondary school.--The term ``secondary school''
has the same meaning given that term under section
[14101] 3 of the Elementary and Secondary Education Act
of 1965.
* * * * * * *
(14) State educational agency.--The term ``State
educational agency'' has the same meaning given that
term under section [14101] 3 of the Elementary and
Secondary Education Act of 1965.
* * * * * * *
GENERAL EDUCATION PROVISIONS ACT
* * * * * * *
biennial evaluation report
Sec. 425. * * *
(1) * * *
* * * * * * *
(6) include the results of the program evaluations
conducted in accordance with section [14701] 1020 of
the Elementary and Secondary Education Act of 1965.
* * * * * * *
PART VI--EDUCATION OF INDIVIDUALS WITH DISABILITIES
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
PART A--GENERAL PROVISIONS
* * * * * * *
SEC. 613. [20 U.S.C. 1412] LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
(a) In General.--* * *
* * * * * * *
(f) Coordinated Services System.--
(1) In general.--* * *
* * * * * * *
[(3) Coordination with certain projects under
elementary and secondary education act of 1965.--If a
local educational agency is carrying out a coordinated
services project under title XI of the Elementary and
Secondary Education Act of 1965 and a coordinated
services project under this part in the same schools,
such agency shall use amounts under this subsection in
accordance with the requirements of that title.]
* * * * * * *
Education for Economic Security Act
* * * * * * *
definitions
Sec. 3. [20 U.S.C. 3902] For the purpose of this Act--
(1) * * *
* * * * * * *
(3) The term ``elementary school'' has the same
meaning given that term under section [198(a)(7)] 3 of
the Elementary and Secondary Education Act of 1965.
* * * * * * *
(7) The term ``local educational agency'' has the
same meaning given that term under section [198(a)(10)]
3 of the Elementary and Secondary Education Act of
1965.
* * * * * * *
(12) The term ``State educational agency'' has the
meaning given that term under section [198(a)(17)] 3 of
the Elementary and Secondary Education Act of 1965.
* * * * * * *
TITLE V--ASBESTOS SCHOOL HAZARD ABATEMENT
* * * * * * *
SEC. 511. [20 U.S.C. 4020] DEFINITIONS.
For purposes of this title:
(1) The term ``asbestos'' means--
* * * * * * *
(4) The term ``local educational agency'' means--
(A) any local educational agency as defined
in section [198(a)(10)] 3 of the Elementary and
Secondary Education Act of 1965; and
* * * * * * *
(5) The term ``nonprofit elementary or secondary
school'' means--
(A) any elementary or secondary school as
defined in section [198(a)(7)] 3 of the
Elementary and Secondary Education Act of 1965
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; and
* * * * * * *
PART II--NATIONAL EDUCATION STATISTICS
TITLE IV--NATIONAL EDUCATION STATISTICS
* * * * * * *
SEC. 402. [20 U.S.C. 9001] FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
* * * * * * *
(c) Definitions.--For the purpose of this title and unless
otherwise specified--
(1) * * *
(4) the term ``local educational agency'' has the
same meaning given such term in section [14101] 3 of
the Elementary and Secondary Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of
Education;
(6) the term ``State educational agency'' has the
same meaning given such term in section [14101] 3 of
the Elementary and Secondary Education Act of 1965; and
* * * * * * *
Higher Education Amendments of 1998
* * * * * * *
[Part B of title VIII of the Higher Education Amendments of 1998 (20
U.S.C. 1070a-ll note) is repealed.]
* * * * * * *
* * * * * * *
SEC. 117-B--U.S. CODE--TITLE 2
* * * * * * *
Sec. 117b-2. Transfer of excess or surplus educationally useful
equipment to public schools
(a) Authorization
* * * * * * *
(d) Definitions
For the purposes of this section:
(1) The term ``public school'' means a public
elementary or secondary school as such terms
are defined in section [8801 of Title 20] 3 of
the Elementary and Secondary Education Act of
1965.
* * * * * * *
Sec. 117E. DISPOSAL OF USED OR SURPLUS FURNITURE AND EQUIPMENT BY CHIEF
ADMINISTRATIVE OFFICER OF HOUSE; PROCEDURE; DEPOSIT
OF RECEIPTS
(1) * * *
* * * * * * *
(3)(A) * * *
(B) * * *
(i) * * *
(ii) the terms ``public elementary school''
and ``public secondary school'' have the
meaning given such terms in section [8801] 3 of
title 20; and
* * * * * * *
SEC. 3152(J)--U.S. CODE--TITLE 7
* * * * * * *
Sec. 3152. Grants and fellowships for food and agricultural sciences
education
(a) Higher education teaching programs
* * * * * * *
(j) Secondary education and 2-year post secondary education
teaching programs
(1) Definitions
* * * * * * *
(B) Secondary school
The term ``secondary school'' has the meaning given the
term in section [8801(25) of Title 20] 3 of the Elementary and
Secondary Education Act of 1965.
* * * * * * *
SEC. 1522 NOTE--U.S. CODE--TITLE 8
Sec. 1522. Authorization for programs for domestic resettlement of and
assistance to refugees
(a) Conditions and considerations
* * * * * * *
HISTORICAL AND STATUTORY NOTES
* * * * * * *
``TITLE I--GENERAL PROVISIONS
``Definitions
``Sec. 101. As used in this Act--
``(1) The terms `elementary school', `local education
agency', `secondary school', `State', and `State
educational agency' have the meanings given such terms
under section [14101] 3 of the Elementary and Secondary
Education Act of 1965 [section 8801 of Title 20,
Education].
* * * * * * *
TITLE 10--ARMED FORCES
* * * * * * *
SEC. 2194. EDUCATION PARTNERSHIPS
(a) * * *
(e) In this section, the term ``local educational agency''
has the meaning given such term in section [14101] 3 of the
Elementary and Secondary Education Act of 1965 [(20 U.S.C.
8801)]
* * * * * * *
Sec. 2642--U.S. Code--Title 15
* * * * * * *
SEC. 2642. DEFINITIONS.
For purposes of this subchapter--
(1) Accredited asbestos contractor.--
* * * * * * *
(7) Local educational agency.--The term ``local
educational agency'' means--
(A) any local educational agency as defined
in section [8801 of Title 20] 3 of the
Elementary and Secondary Education Act of 1965,
* * * * * * *
(9) Non-profit elementary or secondary school.--The
term ``non-profit elementary or secondary school''
means any elementary or secondary school (as defined in
section [8801 of Title 20] 3 of the Elementary and
Secondary Education Act of 1965) 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.
* * * * * * *
(12) School.--The term ``school'' means any
elementary or secondary school as defined in section
[8801 of Title 20] 3 of the Elementary and Secondary
Education Act of 1965.
* * * * * * *
SEC. 2662. DEFINITIONS.
For purposes of this subchapter:
(1) The term ``local educational agency'' means--
(A) any local educational agency as defined
in section [8801 of Title 20] 3 of the
Elementary and Secondary Education Act of 1965.
* * * * * * *
Sec. 1687--U.S. Code--Title 20
* * * * * * *
SEC. 1687. INTERPRETATION OF ``PROGRAM OR ACTIVITY''.
* * * * * * *
(2)(A) a college, university, or other postsecondary
institution, or a public system of higher education; or
(B) a local educational agency (as defined in section
[8801] 3 of the Elementary and Secondary Education Act
of 1965 of this title), system of vocational education,
or other school system;
* * * * * * *
SEC. 2302. DEFINITIONS.
In this chapter [20 U.S.C.A. Sec. 2301 et seq.]:
(1) Administration.--
* * * * * * *
(5) Charter school.--The term ``charter school'' has
the meaning given the term in section [10306] 5410 of
the Elementary and Secondary Education Act of 1965 [(20
U.S.C. 8066)].
* * * * * * *
(8) Educational service agency.--The term
``educational service agency'' has the meaning given
the term in section [8801] 3 of the Elementary and
Secondary Education Act of 1965 of this title.
* * * * * * *
(16) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section [14101] 3 of the Elementary and Secondary
Education Act of 1965 [(20 U.S.C. 8801)].
* * * * * * *
(21) Secondary school.--The term ``secondary school''
has the meaning given the term in section [14101] 3 of
the Elementary and Secondary Education Act of 1965 [(20
U.S.C. 8801)].
* * * * * * *
SEC. 4514. DEFINITIONS.
* * * * * * *
(4) the term ``secondary school'' has the same
meaning given that term by section [8801] 3 of the
Elementary and Secondary Education Act of 1965 of this
title.
* * * * * * *
Sec. 2801--U.S. Code--Title 20
* * * * * * *
SEC. 2801. DEFINITIONS.
In this chapter [29 U.S.C.A. Sec. 2801 et seq.]:
(1) Adult.--
* * * * * * *
(23) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section [14101] 3 of the Elementary and Secondary
Education Act of 1965 [(20 U.S.C.A. Sec. 8801)].
* * * * * * *
(40) Secondary school.--The term ``secondary school''
has the meaning given the term in section [14101] 3 of
the Elementary and Secondary Education Act of 1965 [(20
U.S.C.A. Sec. 8801)].
* * * * * * *
SEC. 5891A. DEFINITIONS.
In this Act:
(1) Local educational agency; state educational
agency; outlying area.--The terms ``local educational
agency'', ``State educational agency'', and ``outlying
area'' have the meanings given the terms in section
[8801] 3 of the Elementary and Secondary Education Act
of 1965 of this title.
* * * * * * *
UNITED STATES CODE--TITLE 20
* * * * * * *
SEC. 5891B. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) Educational Flexibility Program.--
* * * * * * *
(b) Included Programs.--The statutory or regulatory
requirements referred to in subsection (a)(1)(A) are any such
requirements for programs carried out under the following
provisions:
(1) * * *
* * * * * * *
(2) [Part B of title II] Subparts 1, 2, and 3 of part
A of title II of the Elementary and Secondary Education
Act of 1965.
* * * * * * *
SEC. 6212. WAIVER AUTHORITY OF SECRETARY OF EDUCATION.
(a) Waiver Authority.--
* * * * * * *
(b) Included Programs.--The provisions subject to the
waiver authority of this section are--
(1) * * *
* * * * * * *
(2) [part A of title II] subpart 4 of part A of title
II of the Elementary and Secondary Education Act of
1965 [20 U.S.C.A. Sec. 6621 et seq.];
* * * * * * *
Sec. 6212--U.S. Code--Title 20
* * * * * * *
School-to-Work Opportunities Act
SEC. 6212. WAIVER AUTHORITY OF SECRETARY OF EDUCATION.
(a) Waiver Authority.--
* * * * * * *
(b) Included Programs.--The provisions subject to the
waiver authority of this section are--
(1) * * *
* * * * * * *
(3) [part A of title V] part C of title V of the
Elementary and Secondary Education Act of 1965 [20
U.S.C.A. Sec. 7201 et seq.];
* * * * * * *
SEC. 5891B. EDUCATION FLEXIBILITY PARTNERSHIP.
(a) Educational Flexibility Program.--
* * * * * * *
(b) Included programs.--
* * * * * * *
(1) * * *
* * * * * * *
(3) [Subpart 2 of part A of title III of the
Elementary and Secondary Education Act of 1965 (other
than section 3136 of such Act] Subpart 2 of part A of
title V of the Elementary and Secondary Education Act
of 1965 (other than section 5136 of such Act).
* * * * * * *
(5) [Title VI] Part A of title VI of the Elementary
and Secondary Education Act of 1965.
* * * * * * *
(d) Treatment of Existing Ed-Flex Partnership States.--
(1) In general.--
* * * * * * *
(4) Technology.--In the case of a State educational
agency granted waiver authority under the provisions of
law described in subparagraph (A) or (B) of paragraph
(2), the Secretary shall permit a State educational
agency to expand, on or after April 29, 1999, the
waiver authority to include programs under [subpart 2
of part A of title III of the Elementary and Secondary
Education Act of 1965 (other than section 3136 of such
Act)] subpart 2 of part A of title V of the Elementary
and Secondary Education Act of 1965 (other than section
5136 of such Act).
* * * * * * *
Sec. 9202--U.S. Code--Title 20
* * * * * * *
SEC. 9202. DEFINITIONS.
In this subchapter [20 U.S.C.A. Sec. 9201 et seq.]:
(1) Adult Education.--
* * * * * * *
(13) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section [14101] 3 of the Elementary and Secondary
Education Act of 1965 [(20 U.S.C. 8801)].
* * * * * * *
SEC. 1228. PROHIBITION AGAINST USE OF APPROPRIATED FUNDS FOR BUSING.
No funds appropriated for the purpose of carrying out any
applicable program may be used for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students
or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial
desegregation of any school or school system, except for funds
appropriated pursuant to title VIII of the Elementary and
Secondary Education Act of 1965 [20 U.S.C.A. Sec. 7701 et
seq.], but not including any portion of such funds as are
attributable to children counted under [subsections (d) and (g)
of section 8003] section 8003(d) of such Act [20 U.S.C.A.
Sec. 7703(d), (g)] or residing on property described in section
8013(10) of such Act [20 U.S.C.A. Sec. 7713(10)].
* * * * * * *
Sec. 1397E--U.S. Code--Title 26
* * * * * * *
SEC. 1397E. CREDIT TO HOLDERS OF QUALIFIED ZONE ACADEMY BONDS.
(a) Allowance of credit.-- * * *
* * * * * * *
(B) Eligible local education agency.--The
term ``eligible local education agency'' means
any local educational agency as defined in
section [14101] 3 of the Elementary and
Secondary Education Act of 1965.
* * * * * * *
The Goals 2000: Educate America Act
* * * * * * *
[The Goals 2000: Educate America Act (20 U.S.C. 5801 et
seq.) is repealed.]
* * * * * * *
TITLE 29--UNITED STATES CODE
LABOR
* * * * * * *
SEC. 2618 SPECIAL RULES CONCERNING EMPLOYEES OF LOCAL EDUCATIONAL
AGENCIES.
(a) Application.--
(1) In general.--* * *
(A) any ``local educational agency'' (as
defined in section [1471(12)] 3 of the
Elementary and Secondary Education Act of 1965
[20 U.S.C. 2891(12)] and an eligible employee
of the agency; and
* * * * * * *
Sec. 6703--U.S. Code--Title 31
* * * * * * *
SEC. 6703. STATE AND LOCAL GOVERNMENT FISCAL ASSISTANCE TRUST FUND.
(a) The Department of the Treasury has a State and Local
Government Fiscal Assistance Trust Fund. The Secretary of the
Treasury personally is the trustee of the Trust Fund. Amounts
in the Trust fund--
[(1) except as provided in this chapter, may be used
only for payments to State governments and units of
general local government under this chapter; and]
* * * * * * *
Sec. 300j-21--U.S. Code--Title 42
* * * * * * *
SEC. 300J-21. DEFINITIONS.
As used in this part--
(1) Drinking water cooler.--
* * * * * * *
(3) Local educational agency.--The term ``local
educational agency'' means--
(A) any local educational agency as defined
in section [8801 of Title 20] 3 of the
Elementary and Secondary Education Act of 1965
* * * * * * *
(6) School.--The term ``school'' means any elementary
school or secondary school as defined in section [8801
of Title 20] 3 of the Elementary and Secondary
Education Act of 1965 and any kindergarten or day care
facility.
* * * * * * *
SEC. Sec. 2000D-4A. ``PROGRAM OR ACTIVITY'' AND ``PROGRAM'' DEFINED.
* * * * * * *
(1)(A) * * *
* * * * * * *
(2)(A) * * *
(B) a local educational agency (as defined in section
[8801] 3 of the Elementary and Secondary Education Act
of 1965 of Title 20), system of vocational education,
or other school system;
* * * * * * *
SEC. 5119C. DEFINITIONS.
For the purposes of this subchapter--
(1) * * *
* * * * * * *
(9) the term ``provider'' means--
(A) a person who--
(i) is employed by or volunteers with
a qualified entity (including an
individual who is employed by a school
in any capacity, including as a child
care provider, a teacher, or another
member of school personnel);
* * * * * * *
(B) a person who
(i) seeks to be employed by or
volunteer with a qualified entity
(including an individual who seeks to
be employed by a school in any
capacity, including as a child care
provider, a teacher, or another member
of school personnel);
* * * * * * *
SEC. 6107. DEFINITIONS.
For purposes of this chapter--
* * * * * * *
(ii) a local educational agency (as
defined in section [8801] 3 of the
Elementary and Secondary Education Act
of 1965 of Title 20), system of
vocational education, or other school
system;
* * * * * * *
SEC. 9877. DEFINITIONS.
For purposes of this subchapter--
(1) * * *
* * * * * * *
(6) the term ``local educational agency'' has the
same meaning given that term under section [8801] 3 of
the Elementary and Secondary Education Act of 1965 of
Title 20;
* * * * * * *
(11) the term ``State educational agency'' has the
same meaning given that term under section [8801] 3 of
the Elementary and Secondary Education Act of 1965 of
Title 20.
* * * * * * *
Sec. 6921 note--U.S. Code--Title 42
* * * * * * *
SEC. 6921. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.
(a) Criteria for Identification or Listing.--
* * * * * * *
historical and statutory notes
* * * * * * *
``(i) secondary schools as defined in
section [198(a)(7)] 3 of the Elementary
and Secondary Education Act of 1965
[section 2854(a)(7) of Title 20,
Education]; and
* * * * * * *
SEC. 7382B. DEFINITIONS.
As used in this subchapter--
(1) the term ``elementary school'' has the meaning
provided by section [8801] 3 of the Elementary and
Secondary Education Act of 1965 of Title 20;
(2) the term ``local educational agency'' has the
meaning provided by section [8801] 3 of the Elementary
and Secondary Education Act of 1965 of Title 20;
(3) the term ``secondary school'' has the meaning
provided by section [8801] 3 of the Elementary and
Secondary Education Act of 1965 of Title 20; and
SEC. 7704. NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.
* * * * * * *
historical and statutory notes
* * * * * * *
``(c) Earth Science Teaching Materials.--
``(1) Definitions.--In this subsection:
``(A) Local Educational Agency.--The term
`local educational agency' has the meaning
given that term in section [14101] 3 of the
Elementary and Secondary Education Act of 1965
[(29 U.S.C. 8801)].
* * * * * * *
Sec. 9923--U.S. Code--Title 42
* * * * * * *
SEC. 9923. NATIONAL OR REGIONAL PROGRAMS DESIGNED TO PROVIDE
INSTRUCTIONAL ACTIVITIES FOR LOW-INCOME YOUTH.
(a) General Authority.--
* * * * * * *
(4) high quality instruction in a variety of sports
(that shall include swimming and that may include dance
and any other high quality recreational activity)
provided by coaches and teachers from institutions of
higher education and from elementary and secondary
schools (as defined in section [14101] 3 of the
Elementary and Secondary Education Act of 1965 [(20
U.S.C. 8801))]; and
* * * * * * *
STEWART B. McKINNEY HOMELESS ASSISTANCE ACT
Sec. 11431--U.S. Code--Title 42
* * * * * * *
SEC. 11431. STATEMENT OF POLICY.
It is the policy of the Congress that--
(1) * * *
* * * * * * *
(3) homelessness alone [should not be] is not
sufficient reason to separate students from the
mainstream school environment; and
* * * * * * *
SEC. 11432. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
(a) General Authority.--
* * * * * * *
(c) Allocation and reservations.--
(1) In general.--Subject paragraph (2) and [section
11434(c)] section 11434(d) of this title, from the
amounts appropriated for each fiscal year under section
11435 of this title, the Secretary is authorized to
allot to each State an amount that bears the same ratio
to the amount appropriated for such year under section
11435 of this title as the amount allocated under
section 6332 of Title 20 to the State for that year
bears to the total amount allocated under section 6332
of Title 20 to all States for that year, except that no
State shall receive less than $100,000.
* * * * * * *
(2) Reservation.--
(A) The Secretary is authorized to reserve
0.1 percent of the amount appropriated for each
fiscal year under section 11435 of this title
to be allocated by the Secretary among the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands [,
and Palau (until the effective date of the
compact of Free Association with the Government
of Palau)], according to their respective need
for assistance under this part, as determined
by the Secretary.
* * * * * * *
(3) Definition.--As used in this subsection, the term
``State'' shall not include the Virgin Islands, Guam,
American Samoa, or the Commonwealth of the Northern
Mariana Islands[, or Palau].
(e) State and Local Grants.--
(1) In general.--
* * * * * * *
(3) Prohibition on segregating homeless students.--In
providing a free public education to a homeless child
or youth, no State receiving funds under this subtitle
shall segregate such child or youth, either in a
separate school, or in a separate program within a
school, based on such child or youth's status as
homeless, except as provided in section
723(a)(2)(B)(ii).
[(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
[(1) estimate the number of homeless children and
youth in the State and the number of such children and
youth served with assistance provided under the grants
or contracts under this part;
[(2) gather, to the extent possible, reliable, valid,
and comprehensive information on the nature and extent
of the problems homeless children and youth have in
gaining access to public preschool programs and to
public elementary and secondary schools, the
difficulties in identifying the special needs of such
children and youth, any progress made by the State
educational agency and local educational agencies in
the State in addressing such problems and difficulties,
and the success of the program under this part in
allowing homeless children and youth to enroll in,
attend, and succeed in, school;
[(3) develop and carry out the State plan described
in subsection (g) of this section;
[(4) prepare and submit to the Secretary not later
than October 1, 1997, and on October 1 of every third
year thereafter, a report on the information gathered
pursuant to paragraphs (1) and (2) and such additional
information as the Secretary may require to carry out
the Secretary's responsibilities under this part;
[(5) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children and
youth who are preschool age, and families of such
children and youth; and
[(6) develop relationships and coordinate with other
relevant education, child development, or preschool
programs and providers of services to homeless
children, homeless families, and runaway and homeless
youth (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and
homeless youth centers, and transitional living
programs for homeless youth), to improve the provision
of comprehensive services to homeless children and
youth and their families.]
(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
(1) gather reliable, valid, and comprehensive
information on the nature and extent of the problems
homeless children and youth have in gaining access to
public preschool programs to public elementary schools
and secondary schools, the difficulties in identifying
the special needs of such children and youth, any
progress made by the State educational agency and local
educational agencies in the State in addressing such
problems and difficulties, and the success of the
program under this subtitle in allowing homeless
children and youth to enroll in, attend, and succeed
in, school;
(2) develop and carry out the State plan described in
subsection (g);
(3) collect and transmit to the Secretary, at such
time and in such manner as the Secretary may require,
such information as the Secretary deems necessary to
assess the educational needs of homeless children and
youth within the State;
(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children and
youth who are preschool age, and families of such
children and youth; and
(5) in order to improve the provision of
comprehensive education and related services to
homeless children and youth and their families,
coordinate and collaborate with--
(A) educators, including child development
and preschool program personnel;
(B) providers of services to homeless and
runaway children and youth and homeless
families (including domestic violence agencies,
shelter operators, transitional housing
facilities, runaway and homeless youth centers,
and transitional living programs for homeless
youth);
(C) local educational agency liaisons for
homeless children and youth; and
(D) community organizations and groups
representing homeless children and youth and
their families.
(g) State plan.--
(1) In general.--
* * * * * * *
(2) Compliance.--Each plan adopted under this
subsection shall also show how the State will ensure
that local educational agencies in the State will
comply with the requirements of [paragraphs (3) through
(9)] paragraphs (3) through (8).
* * * * * * *
(E) address problems set forth in [the
report] the information provided to the
Secretary under subsection [(f)(4)] (f)(3) of
this section.
[(H) contain an assurance that the State
educational agency and local educational
agencies in the State will adopt policies and
practices to ensure that homeless children and
youth are not isolated or stigmatized.]
(H) contain assurances that--
(i) the State educational agency and
local educational agencies in the State
will adopt policies and practices to
ensure that homeless children and youth
are not segregated on the basis of
their status as homeless or
stigmatized; and
(ii) local educational agencies
serving school districts in which
homeless children and youth reside or
attend school will--
(I) post public notice of the
educational rights of such
children and youth where such
children and youth receive
services under this Act (such
as family shelters and soup
kitchens); and
(II) designate an appropriate
staff person, who may also be a
coordinator for other Federal
programs, as a liaison for
homeless children and youth.
* * * * * * *
[(3) Local educational agency requirements.--
[(A) The local educational agency of each
homeless child and youth to be assisted under
this part shall, according to the child's or
youth's best interest, either--
[(i) continue the child's or youth's
education in the school of origin--
[(I) for the remainder of the
academic year; or
[(II) in any case in which a
family becomes homeless between
academic years, for the
following academic year; or
[(ii) enroll the child or youth in
any school that nonhomeless students
who live in the attendance area in
which the child or youth is actually
living are eligible to attend.
[(B) In determining the best interests of the
child or youth under subparagraph (A), the
local educational agency shall comply, to the
extent feasible, with the request made by a
parent or guardian regarding school selection.
[(C) For purposes of this paragraph, the term
``school of origin'' means the school that the
child or youth attended when permanently
housed, or the school in which the child or
youth was last enrolled.
[(D) The choice regarding placement shall be
made regardless of whether the child or youth
lives with the homeless parents or has been
temporarily placed elsewhere by the parents.]
(3) Local educational agency requirements.--
(A) In general.--Each local educational
agency serving a homeless child or youth
assisted under this subtitle shall, according
to the child's or youth's best interest--
(i) continue the child's or youth's
education in the school of origin--
(I) for the duration of their
homelessness;
(II) if the child becomes
permanently housed, for the
remainder of the academic year;
or
(III) in any case in which a
family becomes homeless between
academic years, for the
following academic year; or
(ii) enroll the child or youth in any
school that nonhomeless students who
live in the attendance area in which
the child or youth is actually living
are eligible to attend.
(B) Best interest.--In determining the best
interest of the child or youth under
subparagraph (A), the local educational agency
shall--
(i) to the extent feasible, keep a
homeless child or youth in the school
of origin, except when doing so is
contrary to the wishes of the child's
or youth's parent or guardian; and
(ii) provide a written explanation to
the homeless child's or youth's parent
or guardian when the local educational
agency sends such child or youth to a
school other than the school of origin
or a school requested by the parent or
guardian.
(C) Enrollment.--
(i) In general.--The school selected
in accordance with this paragraph shall
immediately enroll the homeless child
or youth even if the child or youth is
unable to produce records normally
required for enrollment, such as
previous academic records, medical
records, proof of residency, or other
documentation.
(ii) Special rule.--The enrolling
school immediately shall contact the
school last attended by the child or
youth to obtain relevant academic and
other records. If the child or youth
needs to obtain immunizations, the
enrolling school shall promptly refer
the child or youth to the appropriate
authorities for such immunizations.
(d) Definition of school of origin.--For
purposes of this paragraph, the term ``school
of origin'' means the school that the child or
youth attended when permanently housed, or the
school in which the child or youth was last
enrolled.
(E) Placement choice.--The choice regarding
placement shall be made regardless of whether
the child or youth lives with the homeless
parent or has been temporarily placed elsewhere
by the parents.
* * * * * * *
[(6) Coordination.--Each local educational agency
serving homeless children and youth that receives
assistance under this part shall coordinate with local
social services agencies and other agencies or programs
providing services to such children or youth and their
families, including services and programs funded under
the Runaway and Homeless Youth Act [42 U.S.C.A.
Sec. 5701 et seq.].]
(6) Coordination.--
(A) In general.--Each local educational
agency serving homeless children and youth that
receives assistance under this subtitle shall
coordinate the provision of services under this
subtitle with local services agencies and other
agencies or programs providing services to
homeless children and youth and their families,
including services and programs funded under
the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.).
(B) Housing assistance.--If applicable, each State
and local educational agency that receives assistance
under this subtitle shall coordinate with State and
local housing agencies responsible for developing the
comprehensive housing affordability strategy described
in section 105 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12705) to minimize
educational disruption for children and youth who
become homeless.
(6) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall
be designed to--
(i) ensure that homeless children and
youth have access to available
education and related support services;
and
(ii) raise the awareness of school
personnel and service providers of the
effects of short-term stays in shelters
and other challenges associated with
homeless children and youth.
(7) Liaison.--
(A) Each local educational agency that
receives assistance under this part shall
designate a homelessness liasion to ensure
that--
(i) homeless children and youth
enroll and succeed in the schools of
that agency; and
(ii) homeless families, children, and
youth receive educational services for
which such families, children, and
youth are eligible, including Head
Start and Even Start programs and
preschool programs administered by the
local educational agency, and referrals
to health care services, dental
services, mental health services, and
other appropriate services.
[(B) State coordinators and local educational
agencies shall inform school personnel, service
providers, and advocates working with homeless
families of the duties of the liaisons.]
(7) Liaison.--
(A) In general.--Each local liaison for
homeless children and youth designated pursuant
to paragraph (1)(H)(ii)(II) shall ensure that--
(i) homeless children and youth
enroll, and have a full and equal
opportunity to succeed, in the schools
of the local educational agency;
(ii) homeless families, children, and
youth receive educational services for
which such families, children, and
youth are eligible, including Head
Start and Even Start programs and
preschool programs administered by the
local educational agency, and referrals
to health care services, dental
services, mental health services, and
other appropriate services;
(iii) the parents or guardians of
homeless children and youth are
informed of the education and related
opportunities available to their
children and are provided with
meaningful opportunities to participate
in the education of their children; and
(iv) public notice of the educational
rights of homeless children and youth
is posted where such children and youth
receive services under this Act (such
as family shelters and soup kitchens).
(B) Information.--State coordinators in State
receiving assistance under this subtitle and
local educational agencies receiving assistance
under this subtitle shall inform school
personnel, service providers, and advocates
working with homeless families of the duties of
the liaisons for homeless children and youth.
(C) Local and state coordination.--Liaisons
for homeless children and youth shall, as a
part of their duties, coordinate and
collaborate with State coordinators and
community and school personnel responsible for
the provision of education and related services
to homeless children and youth.
(D) Dispute resolution.--Unless another
individual is designated by State law, the
local liaison for homeless children and youth
shall provide resource information and assist
in resolving a dispute under this subtitle if
such a dispute arises.
* * * * * * *
[(9) Coordination.--Where applicable, each State and
local educational agency that receives assistance under
this part shall coordinate with State and local housing
agencies responsible for developing the comprehensive
housing affordability strategy described in section
12705 of this title to minimize educational disruption
for children who become homeless.]
* * * * * * *
SEC. 11433. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
(a) General authority.--
(1) In general.--
* * * * * * *
[(2) Services.--Unless otherwise specified, services
under paragraph (1) may be provided through programs on
school grounds or at other facilities. Where such
services are provided through programs to homeless
students on school grounds, schools may provide
services to other children and youth who are determined
by the local educational agency to be at risk of
failing in, or dropping out of, schools, in the same
setting or classroom. To the maximum extent
practicable, such services shall be provided through
existing programs and mechanisms that integrate
homeless individuals with nonhomeless individuals.]
(2) Services.--
(A) In general.--Services provided under
paragraph (1)--
(i) may be provided through programs
on school grounds or at other
facilities;
(ii) shall, to the maximum extent
practicable, be provided through
existing programs and mechanisms that
integrate homeless individuals with
nonhomeless individuals; and
(iii) shall be designed to expand or
improve services provided as part of a
school's regular academic program, but
not replace that program.
(B) Services on school grounds.--If services
under paragraph (1) are provided on school
grounds, schools--
(i) may use funds under this subtitle
to provide the same services to other
children and youth who are determined
by the local educational agency to be
at risk of failing in, or dropping out
of, schools, subject to clause (ii);
and
(ii) shall not provide services in
settings within a school that
segregates homeless children and youth
from other children and youth, except
as is necessary for short periods of
time--
(I) for health and safety
emergencies; or
(II) to provide temporary,
special, supplementary services
to meet the unique needs of
homeless children and youth.
* * * * * * *
(b) Application.--A local educational agency * * *
* * * * * * *
(1) an assessment of the educational and related
needs of homeless children and youth in the school
district (which may be undertaken as a part of needs
assessments for other disadvantaged groups);
[(1)] (2) a description of the services and programs
for which assistance is sought and the problems to be
addressed through the provision of such services and
programs;
[(2)] (3) an assurance that the local educational
agency's combined fiscal effort per student or the
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fiscal
year for which the determination is made was not less
than 90 percent of such combined fiscal effort or
aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination
is made;
[(3)] (4) an assurance that the applicant complies
with, or will use requested funds to come into
compliance with [paragraphs (3) through (9) of section
1132(g)] paragraphs (3) through (8) of section 1132(g)
of this title; and
[(4)] (5) description of policies and procedures that
the agency will implement to ensure that activities
carried out by the agency will not isolate or
stigmatize homeless children and youth.
(c) Awards.--
[(1) In general.--The State educational agency shall,
in accordance with section 11432(g) of this title and
from amounts made available to such agency under
section 11435 of this title, award grants under this
section to local educational agencies submitting an
application under subsection (b) of this section on the
basis of the need of such agencies.]
(1) In general.--The State educational agency, in
accordance with the requirements of this subtitle and
from amounts made available to the State educational
agency under section 726, shall award grants, on a
competitive basis, to local educational agencies that
submit applications under subsection (b). Such grants
shall be awarded on the basis of the need of such
agencies for assistance under this subtitle and the
quality of the applications submitted.
* * * * * * *
(3) Quality.--In determining the quality of
applications under paragraph (1), the State educational
agency shall consider--
(A) the local educational agency's needs
assessment under subsection (b)(1) and the
likelihood that the program to be assisted will
meet the needs;
(B) the types, intensity, and coordination of
services to be assisted under the program;
(C) the involvement of parents or guardians;
(D) the extent to which homeless children and
youth will be integrated within the regular
education program;
(E) the quality of the local educational
agency's evaluation plan for the program;
(F) the extent to which services provided
under this subtitle will be coordinated with
other available services;
(G) the extent to which the local educational
agency provides case management or related
services to homeless children and youth who are
unaccompanied by a parent or guardian; and
(H) such other measures as the State
educational agency determines indicative of a
high-quality program.
[(3)] (4) Duration of grants.--Grants awarded under
this section shall be for terms not to exceed three
years.
* * * * * * *
SEC. 11434. SECRETARIAL RESPONSIBILITIES.
(a) Review of Plans.--In reviewing the State plans
submitted by [the State educational] State educational agencies
under section 11432(g) of this title, the Secretary shall use a
peer review process and shall evaluate whether State laws,
policies, and practices described in such plans adequately
address the problems of homeless children and youth relating to
access to education and placement as described in such plans.
* * * * * * *
(c) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of enactment of the Educational Opportunities Act,
school enrollment guidelines for States with respect to
homeless children and youth. The guidelines shall describe--
(1) successful ways in which a State may assist local
educational agencies to enroll immediately homeless
children and youth in school; and
(2) how a State can review the State's requirements
regarding immunization and medical or school records
and make revisions to the requirements as are
appropriate and necessary in order to enroll homeless
children and youth in school more quickly.
[(c)] (d) Evaluation and Dissemination.--The Secretary
shall conduct evaluation and dissemination activities of
programs designed to meet the educational needs of homeless
elementary and secondary school students, and may use funds
appropriated under section 11435 of this title to conduct such
activities.
[(d)] (e) Submission and Distribution.--The Secretary shall
require applications for grants under this part to be submitted
to the Secretary not later than the expiration of the 60-day
period beginning on the date that funds are available for
purposes of making such grants and shall make such grants not
later than the expiration of the 120-day period beginning on
such date.
[(e)] (f) Determination by Secretary.--The Secretary, based
on the information received from the States and information
gathered by the Secretary under [subsection (d)] subsection (e)
of this section, shall determine the extent to which State
educational agencies are ensuring that each homeless child and
homeless youth has access to a free appropriate public
education as described in section 11431(1) of this title.
[(f) Reports.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate on the programs and activities authorized by this
part by December 31, 1997, and every third year thereafter.]
(g) Information.--
(1) In general.--From funds appropriated under
section 726, the Secretary, directly or through grants,
contracts, or cooperative agreements, shall
periodically collect and disseminate data and
information regarding--
(A) the number and location homeless children
and youth;
(B) the education and related services
homeless children and youth receive;
(C) the extent to which the needs of homeless
children and youth are met; and
(D) such other data and information as the
Secretary determines necessary and relevant to
carry out this subtitle.
(2) Coordination.--The Secretary shall coordinate
such collection and dissemination with other agencies
and entities that receive assistance and administer
programs under this subtitle.
(h) Report.--Not later than 4 years after the date of
enactment of the Educational Opportunities Act, the Secretary
shall prepare and submit to the President and the appropriate
committees of the House of Representatives and the Senate a
report on the status of the education of homeless children and
youth, which shall include information regarding--
(1) the education of homeless children and youth; and
(2) the actions of the Department of Education and
the effectiveness of the programs supported under this
subtitle.
* * * * * * *
SEC. 11434A. DEFINITIONS.
For the purpose of this part, unless otherwise stated--
(1) the terms ``local educational agency'' and
``State educational agency'' have the meanings given
the terms in section 2 of the Elementary and Secondary
Education Act of 1965;
[(1)] (2) the term ``Secretary'' means the Secretary
of Education; and
[(2)] (3) the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
* * * * * * *
[Sec. 11435. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $30,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.]
SEC. 11435. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subtitle, there are
authorized to be appropriated $40,000,000 for fiscal year 2001
and such sums as may be necessary for each of the 4 succeeding
fiscal years.
* * * * * * *
SEC. 12511. DEFINITIONS.
For purposes of this subchapter:
(1) Adult volunteer.--
* * * * * * *
(8) Elementary school.--The term ``elementary
school'' has the same meaning given such term in
section [8801] 3 of the Elementary and Secondary
Education Act of 1965 of title 20.
* * * * * * *
(14) Local educational agency.--The term ``local
educational agency'' has the same meaning given such
term in section [8801] 3 of the Elementary and
Secondary Education Act of 1965 of title 20.
* * * * * * *
(22) Secondary school.--The term ``secondary school''
has the same meaning given such term in section [8801]
3 of the Elementary and Secondary Education Act of 1965
of title 20.
* * * * * * *
(28) State educational agency.--The term ``State
educational agency'' has the same meaning given such
term in section [8801] 3 of the Elementary and
Secondary Education Act of 1965 of title 20.
* * * * * * *
Sec. 157 note--U.S. Code--Title 47
* * * * * * *
SEC. 157. NEW TECHNOLOGIES AND SERVICES.
* * * * * * *
historical and statutory notes
* * * * * * *
(2) Elementary and secondary schools.--The term
`elementary and secondary schools' means elementary and
secondary schools, as defined in [paragraphs (14) and
(25), respectively, of section 14101] section 3 of the
Elementary and Secondary Education Act of 1965 [(20
U.S.C. 8801)] [section 8801(14) and (25) of Title 20,
Education].
* * * * * * *
Sec. 254h(5)(A)--U.S. Code--Title 47
* * * * * * *
SEC. 254. UNIVERSAL SERVICE.
(a) Procedures To Review Universal Service Requirements.--
(1) Federal-State Joint Board on universal service
* * * * * * *
(5) Definitions.--For purposes of this subsection:
(A) Elementary and secondary schools.--The
term ``elementary and secondary schools'' means
elementary schools and secondary schools, as
defined in [paragraphs (14) and (25),
respectively, of section 8801 of Title 20]
section 3 of the Elementary and Secondary
Education Act of 1965.
* * * * * * *
Title 49--United States Code
TRANSPORTATION
* * * * * * *
SEC. 31136. UNITED STATES GOVERNMENT REGULATIONS.
* * * * * * *
historical and statutory notes
* * * * * * *
improved interstate school bus safety
Section 4024 of Pub. L. 105-178 provided that: ``Not later
than 6 months after the date of enactment of this Act [June 9,
1998], the Secretary shall initiate a rulemaking proceeding to
determine whether or not relevant commercial motor carrier
safety regulations issued under section 31136 of title 49,
United States Code [this section], should apply to all
interstate school transportation operations by local
educational agencies (as defined in section [14101] 3 of the
Elementary and Secondary Education Act of 1965) [Pub. L. 89-10,
Title XIV, Sec. 14101, as added Pub. L. 103-382, Title I,
Sec. 101, Oct. 20, 1994, 108 Stat. 3887, codified as section
8801 of Title 20, Education].''
* * * * * * *
PUBLIC LAW 106-98--NOV. 12, 1999
* * * * * * *
SEC. 3. PUBLIC SCHOOL PROGRAM.
(a) Grants.--
* * * * * * *
(c) Definitions.--In this section:
(1) Eligible institution.--* * *
* * * * * * *
(5) Secondary school.--The term ``secondary school''
has the meaning given that term under section [14101] 3
of the Elementary and Secondary Education Act of 1965
[(20 U.S.C. 8801)].
* * * * * * *